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HomeMy WebLinkAboutPACKET JAN 10 2012 Stan WITS or T? a, T $ a * A 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 10,2012 1:30 P.M. CONSENT AGENDA * Approval of minutes—December 20,2011 * Confirmation of committee appointments A) Approve the purchase of Heating,Ventilating and Air Conditioning automation controls through the Choice Facility Partners purchasing cooperative B) Authorize the City Manager and the Chief Financial Officer as signatories for execution of documents related to the Hurricane Ike Round 2.1 Funds C) Approve a resolution accepting maintenance of the street,storm sewer,water and sanitary sewer improvements in West Chase Village, Section Ten-Phase I D) Authorize the acceptance of three ten foot wide exclusive water line easements for the development of a new assisted living facility for senior citizens E) Authorize the City Manager to decrease the Frint Road Lift Station Rehabilitation Project F) Authorize the acceptance of two ten foot wide exclusive water line easements for the development of a new church G) Authorize the City Manager to renew an agreement for the use of the stables at Tyrrell Park H) Authorize the acceptance of a ten foot wide exclusive water line easement to provide water and fire protection services for the Westbrook High School Field House A RICH WITH OPPORTIIHITY BEA,,UNON* T • $ • X • A a s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: January 10,2012 REQUESTED ACTION: Council consider the purchase of Heating,Ventilating,and Air Conditioning(HVAC) automation controls through the Choice Facility Partners purchasing cooperative. RECOMMENDATION Administration recommends approval. BACKGROUND On December 20,2011,Council approved the purchase and installation of HVAC automation controls at the Police Department from Automated Logic United Environmental Services of Beaumont in the amount of$199,800 through the Texas Multiple Award Schedule(TXMAS) contract. Subsequently,the vendor's TXMAS contract has expired and is no longer available. Automated Logic United Environmental Services also offers its products and services through the Choice Facility Partners purchasing cooperative administered by the Harris County Department of Education. Council previously approved the City's participation in the purchasing cooperative which offers contracts for products and services which meet all State competitive bidding and procurement requirements. The cost of the purchase and installation of the HVAC automation controls in the Police Department through the Choice Facility Partners remains unchanged at$199,800. BUDGETARY IMPACT Funding is available from a grant through the Energy Efficiency and Conservation Block Grant Program funded by the American Recovery and Reinvestment Act of 2009 which requires no matching funds. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on December 20, 2011, City Council approved Resolution No. 11-359 authorizing the City Manager to approve the purchase and installation of Heating, Ventilating and Air Conditioning(HVAC)automation controls from Automated Logic United Environmental Services, of Beaumont, Texas, in the amount of $199,800 through the Texas Multiple Award Schedule (TXMAS) contract for use in several City facilities; and, WHEREAS, the vendor's TXMAS contract has expired and is no longer available; and, WHEREAS, Automated Logic United Environmental Services also offers its products and services through the Choice Facility Partners purchasing cooperative administered by the Harris County Department of Education; and, WHEREAS, Council previously approved the City's participation in this purchasing cooperative which offers contracts for products and services which meet all State competitive bidding and procurement requirements; 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 approve the purchase and installation of Heating, Ventilating and Air Conditioning (HVAC) automation controls from Automated Logic United Environmental Services,of Beaumont, Texas, in the amount of$199,800 through the Choice Facility Partners purchasing cooperative for use in several City facilities. BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Automated Logic United Environmental Services, of Beaumont, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of January, 2012. - Mayor Becky Ames - B HICK WITH OPPORTUNITY BEA00* T O Z • g • A s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager P,0. PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: January 10, 2012 REQUESTED ACTION: Council consider authorizing Kyle Hayes, City Manager and Laura Clark, Chief Financial Officer, as signatories for execution of documents related to the Hurricane Ike Round 2.1 Funds. RECOMMENDATION Administration recommends approval. BACKGROUND The City has been awarded funds totaling$11.5M for South Park Drainage Improvements through the Texas General Land Office,Hurricane Ike Disaster Recovery Program. The grant program will reimburse the City as funds are expended for this project. In order to receive the funds related to this project,the Texas General Land Office has requested a resolution authorizing signatories for the required documents. BUDGETARYIMPACT None. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,TEXAS AUTHORIZING SIGNATORIES ON STATE OF TEXAS DOCUMENTS FOR REQUESTING FUNDS. WHEREAS, the City must request funds from the State of Texas Agencies on specified forms with signatures from persons authorized to sign those forms; 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 following persons are designated as SIGNATORIES for State of Texas Documents requesting funds from State of Texas Agencies: Kyle Hayes, City Manager Laura Clark, Chief Financial Officer PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of January, 2012. - Mayor Becky Ames - ATTEST: Tina Broussard, City Clerk C HIGH WITH OPPORTUNITY BEAUW* T • 11 • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes,City Manager QP. PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: January 10,2012 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer,water and sanitary sewer improvements in West Chase Village, Section Ten-Phase I. RECOMMENDATION The administration recommends acceptance. BACKGROUND Litwood,Inc.,extended Village Drive approximately 287 linear feet east from the existing Village Drive to the dead-end including a temporary cul-de-sac. Recommended for acceptance are the right-of-way improvements including pavement, storm sewer, water and sanitary sewer infrastructure for West Chase Village, Section Ten-Phase I. The improvements in the subdivision passed a final inspection from all entities involved on December 11, 2011. BUDGETARYIMPACT None. r est p � e n*- ,�uiure Deve(spment A NET O� z PECAN DR. . COX y } oTY LIMIT 3 N z �$AMS 'HAD � cLMARSMAA LAOYS WOOD UMERICK WOOD CHIVAS SHANAHAN CHERRY— P ENN MALLOW WOW N. MEADOW WESTGATE WESTGAvE NGTON °o KILLARNEY > O 4 Q Q W VICINflY MAP NEST CHASE VILLAGE SECTION TEN RESOLUTION NO. WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in the West Chase Village, Section Ten - Phase I Subdivision have been completed as follows: Street • Village Drive approximately 287 feet east of existing Village Drive to the dead end and including the temporary cul-de-sac. Storm Sewer.Water and Sanitaly Sewer improvements • West Chase Village, Section Ten - Phase I, 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 West Chase Village, Section Ten - Phase I 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 10th day of January, 2012. - Mayor Becky Ames - D RICH WITH OPPORTUNITY BEA T . Z X A . s City Council A ends. Item TO: City Council FROM: Kyle Hayes, City Manager fl. PREPARED BY: Patrick Donart, Public Works Director i MEETING DATE: January 10,2012 REQUESTED ACTION: Council consider authorizing the acceptance of three(3)ten foot (10')wide Exclusive Water Line Easements. RECOMMENDATION The Administration recommends acceptance. BACKGROUND Cleburne Care Property, LP has agreed to convey three(3)ten foot(10')wide Water Line Easements to the City of Beaumont. The easements are described as being a 0.05 acre tract out Lot 2A of Summer Place, Phase I,a 0.01 acre tract out Lot 2A of Summer Place, Phase I and a 0.06 acre tract out of Lot 2A of Summer Place,Phase I located at 2501 South Major Drive. The three(3) water line easements are for the development of a new assisted living facility for senior citizens. BUDGETARY IMPACT None. RESOLUTION NO. WHEREAS, Cleburne Care Property, LP has agreed to convey three (3) ten (10) foot wide exclusive water line easements, said easements being out of Lot 2A of Summer Place, Phase I, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, to the City of Beaumont for the purpose of placing, constructing, operating, repairing, rebuilding, relocating and/or removing water lines and appurtenances to facilitate the construction of a senior citizen assisted living facility located at 2501 South Major Drive; and, WHEREAS, the City Council has considered the purpose of said conveyances and is of the opinion that the acceptance of said conveyances 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 easements conveyed by Cleburne Care Property, LP, as described in Exhibit"A" and shown on Exhibit"B," be and the same are hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of January, 2012. - Mayor Becky Ames - r FAUST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors Telephone(408)813.3410 E-MAIL ADDRESS INFOOFAUSTENG COM Fax(409)813-3484 2525 Calder Street Beaumont,Texas 77702 Survey Registration Finn No 100024-00 EXHIBIT A PAGE 1 OF 5 FIELD NOTE DESCRIPTIONS FOR THREE 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF LOT 2A OF SUMMER PLACE, PHASE I BEAUMONT,JEFFERSON COUNTY, TEXAS December 5,2011 Tract That certain 0.0S acre tract being a 10 foot wide exclusive waterline easement out of Lot 2A of Summer Place, Phase I, Jefferson County, Texas, said subdivision plat being recorded in Clerk's File No. 2011020374 of the Official Public Records of Jefferson County, Texas; said 0.05 acre 10 foot wide exclusive waterline easement being more particularly described as follows: COMMENCING at a 1/2" iron rod found at the intersection of the east right-of-way line of F.M. Highway 364 (a.k.a. S. Major Drive) and the south right of way line of Moore Drive; said iron rod being the northwest corner of Lot 2A; THENCE South 89 051'59" East (reference bearing) along the south right- of-way line of Moore Drive and the north line of said Lot 2A, a distance of 78.34 feet to the northwest corner of the herein described tract and the POINT OF BEGINNING; THENCE South 89°51'59" East (reference bearing) along the south right- of-way line of Moore Drive and the north line of said Lot 2A, a distance of 11.84 feet to the northeast corner of the herein described tract; 110107 legal description.doc 1 of 5 EXHIBIT "A" 1 1 EXHIBIT A THENCE South 42°51'47" East, a distance of 43.86 feet to an angle point in the east line of the herein described tract; THENCE South 00 008'01" West,a distance of 172.31 feet to the southeast corner of the herein described tract; THENCE South 89°53'20" West, a distance of 16.00 feet to the southwest corner of the herein described tract; THENCE North 00°08'01" East, a distance of 10.00 feet to an angle point on the west line of the herein described tract; THENCE North 89 053'20" East, a distance of 6.00 feet to an angle point on the west line of the herein described tract; THENCE North 00°08'01" East, a distance of 158.42 feet to an angle point on the west line of the herein described tract; THENCE North 42°51'47"West, a distance of 46.56 feet to an angle point on the west line of the herein described tract; THENCE North 00°08'01" East, a distance of 1.97 feet to the POINT OF BEGINNING and containing 0.05 acres of land, more or less. Tract 11 That certain 0.01 acre tract being a 10 foot wide exclusive waterline easement out of Lot 2A of Summer Place, Phase 1, Jefferson County, Texas, said subdivision plat being recorded in Clerk's File No. 2011020374 of the Official Public Records of Jefferson County, Texas; said 0.01 acre 10 foot wide exclusive waterline easement being more particularly described as follows: COMMENCING at a 1/2" iron rod found at the intersection of the east right-of-way line of F.M. Highway 364 (a.k.a. S. Major Drive) and the south right of way line of Moore Drive; said iron rod being the northwest corner of Lot 2A; THENCE South 89°51'59" East (reference bearing) along the south right- of-way line of Moore Drive and the north line of said Lot 2A, a distance of 110107 legal description.doc 2 of 5 EXHIBIT A 472.76 feet to a '/:" iron rod found on the south line of said Moore Drive and the north line of said Lot 2A; THENCE South 89°50'17" East (called South 89°49'52" East) along the south right-of-way line of Moore Drive and the north line of said Lot 2A, a distance of 239.71 feet to the northwest corner of the herein described tract and the POINT OF BEGINNING; THENCE South 89°50'17" East (called South 89°49'52" East) along the south right-of-way line of Moore Drive and the north line of said Lot 2A, a distance of 10.00 feet to%" iron rod found for a point on the north line of said Lot 2A and being the northeast corner of the herein described tract; THENCE South 00°08'01" West, a distance of 55.62 feet to the southeast corner of the herein described tract; THENCE North 89°51'59" West, a distance of 10.00 feet to the southwest corner of the herein described tract; THENCE North 00 008'01" East, a distance of 55.63 feet to the POINT OF BEGINNING and containing 0.01 acres of land, more or less. Tract III That certain 0.06 acre tract being a 10 foot wide exclusive waterline easement out of Lot 2A of Summer Place, Phase I, Jefferson County, Texas, said subdivision plat being recorded in Clerk's File No. 2011020374 of the Official Public Records of Jefferson County, Texas; said 0.01 acre 10 foot wide exclusive waterline easement being more particularly described as follows: COMMENCING at a 1/2" iron rod found at the intersection of the east right-of-way line of F.M. Highway 364 (a.k.a. S. Major Drive) and the south right of way line of Moore Drive; said iron rod being the northwest corner of Lot 2A; THENCE South 89 051'59" East (reference bearing) along the south right- of-way line of Moore Drive and the north line of said Lot 2A,a distance of 472.76 feet to '/:" iron rod found on the south line of said Moore Drive and the north line of said Lot 2A; 110107 legal description.doc 3 of 5 EXHIBIT A THENCE South 89°50'17 East (called South 89°49'52" East) along the south right-of-way line of Moore Drive and the north line of said Lot 2A, a distance of 249.71 (called 249.80) feet to a %" iron rod found and continuing a total distance of 256.46 feet to a point on the north line of said Lot 2A; THENCE with a curve to the left along the north line of said Lot 2A, having a radius of 374.10 (called radius 374.10), an arc length of 6.40 feet, a chord bearing of North 89°40'18" East, and a chord length of 6.40 feet, to the northwest corner of the herein described tract and the POINT OF BEGINNING; THENCE with a curve to the left along the north line of said Lot 2A, having a radius of 374.10 (called radius 374.10), an arc length of 10.01 feet, a chord bearing of North 88°24'57" East, and a chord length of 10.00 feet, to the northeast corner of the herein described tract; THENCE South 00°1333" West, a distance of 4.47 feet to an angle point on the east line of the herein described tract; THENCE South 47 041'56" East, a distance of 66.55 feet to a point on the east line of said Lot 2A and being an angle point on the east line of the herein described tract; THENCE South 00°09'59" West (called South 00°09'59" West) along the east line of said Lot 2A, a distance of 154.51 feet to the southeast corner of the herein described tract; THENCE North 89°51'59" West, a distance of 27.67 feet to the southwest corner of the herein described tract; THENCE North 00 008'01" East, a distance of 10.00 feet to an angle point on the west line of the herein described tract; THENCE South 89°51'59" East, a distance of 17.68 feet to an angle point on the west line of the herein described tract; THENCE North 00°09'59" East, a distance of 140.08 feet to an angle point on the west line of the herein described tract; 110107 legal description.doc 4 of 5 EXHIBIT A THENCE North 47 041'56" West, a distance of 66.55 feet to an angle point on the west line of the herein described tract; THENCE North 00°13'33" East, a distance of 8.60 feet to the POINT OF BEGINNING and containing 0.06 acres of land, more or less. This description and the accompanying plat were prepared from a Land Title Survey performed under the supervision of Richard F. Faust, P.E., Registered Professional Land Surveyor No.4782 on December 5, 2011. OF T J;iCFWID,F,.FAUST RICHAD F. FAUST S U� REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782 110107 legal description.doc 5 of 5 S 8950'17'E 6.75' V"�0NGO1 Ca1.AEMaNG P.aa - MOORE DRIVE (CALLED N 894924'11) FDI/ND 1/2' POWT TRACT I (6o'R.a W.) FOUND 1 OWN ROD FOUND RON ROD S 8951 59'E S 895159'E S 895159'E 472.76' IaoN S 8950'17`E 239.71' etav v7 C1 ntAcrr N 7434' 11.84' ( 6tiARIVO) (CALLED S 6949$?'E) C3 FOUND P.aa S 0073'73'W WON ROD N OOV801'£ S 425147'E 43.86' TRACT I W 3 4.4r 1.97' o y m o e y:� S 47'41'56*E .S N 425147' W TRACT N g �,'g °� 66.55' = 46,56' TRACT I 0.01 ACRE 2 0.05 ACRE 10'EXCLUSIVE H 10' WIDE EXCLUSIVE WATERLINE EASEMENT W N N WATERLINE EASEMENT X rn LOT 2A °f Lu 3 CLERK'S FILE NO. 2011020374 w � o o J.C.R.P.R. TRACT 111 h kg Lff TABLE Q06 ACRE of h i t7 SCALE 1'= 60' N 10'EXCLUSIVE P =� (n $ $ t D a WATERLINE EASEMENT $ I+rnes*U 2 $ y L2 N0073'3J E d60' c- N 8953'20'E S 89S1,59 ITE 0 CUR1£TABLE 17.68' 6.00, CLRVE RAaW LOOM afM BEAMM d DISTANCE N 000801'£ C► +37414 d40' AAS940h8'E 6.40' 10.00' C2 +J74.10' Ht 571 10.00' N 895159'W N OD.00' E 27.6r $ � 10.00' S 895320' W 16.00' c3 •J74.10' 4a6e' N635D+2'E 49.6x' C +RADIUS CALLED.374.10' n FOUAID v OF MCAVA&WT T ARLW A!OID�, IRDN RROD L.N.VA. CANAL EXHIBIT 8 ........................................ PACT 1 Of t fACFW0 F.FAUST TO ACCaWANY DESCRIWRQNS ......:............... ................ !' TRACT 1, TRACT OF U & TRACT N 9 BEING 10 FOOT W1D£ EXCLUSIVE WATERLINE EASEMENTS � OUT LAS olf LOT 24 OF ENGINEERING AND SURVEYING,INC. pSTER£D AL LAND SURVEYOR NO. 4782 SfAMER�� I 9M C&M Slf"T . MkMff TONE mot SURVEY REgS1RA710N FIRM Na f00D24-00 BEAUNONT, ,EFFVMW COLWTY IUAS (4M wra4n rAX(4M 813-30 ►mxCT Ws MW E RICH WITH OPPORTUNITT BEAUN��ON* T • Z • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes,City Manager PREPARED BY: Dr. Hani J. Tohme,P.E.,Water Utilities Director lde MEETING DATE January 10,2012 REQUESTED ACTION: Council consider authorizing the City Manager to decrease the Frint Road Lift Station Rehabilitation Project amount. RECOMMENDATION The Administration recommends approval of decreasing the contract with Placo, Ltd., Lumberton, Texas, for the Frint Road Lift Station Rehabilitation Project by the amount of $38,920.64. This decrease includes the deletion of redundant bid items related to the stormwater Pollution prevention controls,deletion of the additional embedment for wet trench construction, deletion of the additional cement stabilized sand,an adjustment to the allowance set aside for electrical service,and payment for the relocation of the standby generator receptacle. The proposed deductions will represent a total decrease of 5.67%to the revised contract amount. BACKGROUND The existing lift station was built in the 1970's. The lift station size and capacity are in need of upgrades due to increased flows from development in the service area,including Ford Park. The proposed lift station will provide existing customers in the area with uninterrupted service and will accommodate future growth. The proposed lift station site will be located adjacent to the existing lift station. Previous actions include: Resolution 10-197 in the amount of$667,876.37 was passed by the City Council on July 27, 2010. Resolution 11-141 in the amount of$18,069.60 was passed by the City Council on May 3,2011. BUDGETARY IMPACT Funds for the project are available in the Capital Program. APPROVAL OF CONTRACT CHANGE CHANGE ORDERNo.Two(21 DATE: December 12,2011 PROJECT: City of Baomont,Texas Front Rod Lift Station OWNER: Ctyoffleamroot,Texas 801 Main Street Hammond,Texas 77704 CONTRACTOR: Plano,LTD. P.O.Box 8120 Lumberton,memos,Texas 77657.0120 TO THE OWNER Approval of the following contract dmV is rogaestcd. Ream 8sr Charge: To a4ust Soul bid item goand ie and to relocate the proposed staodby generator receptacle ORIGINAL CONTRACT AMOUNT: S 667.87637 AMOUNT OF CHANGE ORDER Na 1 S 16,069.60 REVISED CONTRACT AMOUNT PER PREVIOUSLY APPROVED CHANGE ORDER No.1 S 05494517 THIS CHANGE ORDER Net Cham Delete Bid item 4J-Provide and maintain SWPPP $ (750.00) Delete Bid Item 4 -Silt Fencing $ (520.00) Adjust Did Item 12-Allowance for Electrical Service $ (26,34139) Delete hem 17-Add7 Class 1 embedment for wet trench construction $ (7,374.00) Delete Item 18-Addl owm at st"iaed sand $ (4,470.00) Relocate the proposed stmlby generator receptacle S 534.75 TOTAL AMOUNT OF THIS CHANGE ORDER: 5 (38920.641 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 647,02533 CONTRACT TM Original Contract Time: 240 Revised Contract Time per Change Order No 1 295 Additional Time Requested: 0 Revised Contract Time per dus Chaage Order 295 CONDITION OF CHANGE: "Contractor aclmawledgas and agmea dent the aijustments in aootract price and cantract time stipulated m thin CMga Order repramft full cempandon fa all kauuaa sad dacrerra in the tae o1;sod the thna regsired b parfono the afire wort under the Contract waft directly or iadhectly from*a Chmp Order and all previous Change Orders. Acaptaooe of this wawa constitute an agrceni t between Owner and Coatraotor drat do Change Order mpaaersts 0.o all iaohreive,asatnlly agreed upon a4ustment to the Contract,and mat Contractor wen waive all rights to file a claim on this Charge Order Mar it is properly exeatad." Approved by: A by: &Polk,Inc. City of Beaumont Plato, D Owner Date: / vV / Date: Data O RESOLUTION NO. 10-197 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract with Placo, Ltd., of Lumberton, Texas, in the amount of$667,876.37 for the Frint Road Lift Station Rehabilitation Project to furnish all labor,materials,and equipment to demolish an existing lift station and to construct a new lift station,furnish and install a radio antenna for SCADA communications, and install 630 feet of sanitary sewer force main and related appurtenances. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of July, 2010. v 8el� Uimp -Mayor Becky Ames- __ i RESOLUTION NO.11-141 WHEREAS,on July 27, 2010, the City Council of the City of Beaumont, Texas, passed Resolution No.10-197 awarding a contract in the amount of$667,876.37 to Ptoao, Ltd.,of Lumberton,Texas,fbr the Frint Road Lift Station Rehabilitation Project;and, WHEREAS,Change Order No.1 In the amount of$18,069.60 is respired to furnish the replacement of the proposed sanitary sewer vent stack with a PVC goose-nadc type vent, the replacement of the proposed foam insulation on the bacidlow prove rater with armor insulation,the replacement of the proposed 10"cam-lock and sanitary sewer cap with a 6"cam-lock and cap inciuding a 10"x 6"reducer. This increase will also Include the installation of a radio communications system at the Frint Road Lift Station and the Wastewater Treatment Plant,thereby increasing the contract amount to$685,945.97 and extending the completion time by fortyafive(45)days; 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 Omer No. 1 in the amount of$18,069.60,thereby increasing the contract amount to$685,945.97. PASSED BY THE CITY COLN40L of the City of Beaumont this the 3rd day of May, I 2011. IIIIAW Becky Xmea RESOLUTION NO. WHEREAS, on July 27, 2010,the City Council of the City of Beaumont, Texas, passed Resolution No. 10-197 awarding a contract in the amount of$667,876.37 to Placo, Ltd., of Lumberton, Texas for the Frint Road Lift Station Rehabilitation Project; and WHEREAS, on May 3, 2011, the City Council of the City of Beaumont, Texas passed Resolution No. 11-141 for Change Order No. 1 in the amount of$18,069.60 to furnish the replacement of the proposed sanitary sewer vent stack with a PVC goose-neck type vent, the replacement of the proposed foam insulation on the backflow preventer with armor insulation, the replacement of the proposed 10" cam-lock and sanitary sewer cap with a 6" cam-lock and cap including a 10" x 6" reducer. The increase also included the installation of a radio communications system at the Frint Road Lift Station and the Wastewater Treatment Plant,thereby increasing the contract amount to$685,945.97;and, WHEREAS, Change Order No. 2 in the amount of ($38,920.64) is necessary for the deletion of redundant bid items related to the stormwater pollution prevention controls, deletion of the additional embedment for wet trench construction, deletion of the additional cement stabilized sand,an adjustment to the allowance set aside for electrical service,and payment for the relocation of the standby generator receptacle, thereby decreasing the contract amount to $647,025.33; 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 deleting work as described above, thereby decreasing the contract amount by ($38,920.64) for a revised total contract amount of$647,025.33. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of January, 2012. - Mayor Becky Ames - RICH WITH OPPORTUNITY BEAUNON* T • E 9 X • A S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart,Public Works Director MEETING DATE: January 10,2012 REQUESTED ACTION: Council consider authorizing the acceptance of two (2)ten foot (10')wide Exclusive Water Line Easements. RECOMMENDATION The Administration recommends acceptance. BACKGROUND The First United Pentecostal Church of Beaumont has agreed to convey two(2)ten foot(10') wide Water Line Easements to the City of Beaumont. The easements are described as being a 404.50 square foot tract out of the W. B. Dyches Survey, Abstract No. 17 and a 378.50 square foot tract out of the W. B. Dyches Survey,Abstract No. 17 located at Highway 105 and East Major Drive. The two(2)water line easements are for the development of a new church. BUDGETARY IMPACT None. i I RESOLUTION NO. WHEREAS, First United Pentecostal Church of Beaumont has agreed to convey two (2) ten (10) foot wide exclusive water line easements, said easements being out of the W.B. Dyches Survey,Abstract No. 17, as described in Exhibits"A"and "C,"and shown on Exhibits "B" and "D," attached hereto, to the City of Beaumont for the purpose of placing, constructing, operating, repairing, rebuilding, relocating and/or removing water lines and appurtenances to facilitate the construction of a church located at Highway 105 and East Major Drive; and, WHEREAS, the City Council has considered the purpose of said conveyances and is of the opinion that the acceptance of said conveyances are 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 easements conveyed by First United Pentecostal Church of Beaumont, as described in Exhibits "A" and "C,"and shown on Exhibits"B"and "D," be and the same are hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of January, 2012. - Mayor Becky Ames - 1 FAUST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors Telephone(409)813-3410 E-MAIL ADDRESS INFO @FAUSTENG.COM Fax(409)813-3484 2525 Calder Street Beaumont,Texas 77702 Surveying Firm No 100024-00 EXHIBIT A PAGE 1 OF 2 FIELD NOTE DESCRIPTION FOR A 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF THE W.B. DYCHES SURVEY,ABSTRACT NO. 17 BEAUMONT,JEFFERSON COUNTY, TEXAS December OS,2011 That certain 404.50 square foot tract being a 10 foot wide exclusive waterline easement out of the W.B. Dyches Survey, Abstract No. 17, Jefferson County, Texas, and being out of a called 3.16 acre tract conveyed to The First United Pentecostal Church of Beaumont as described in Volume 1711, Page 24, of the Deed Records of Jefferson County, Texas; said 404.50 square foot, 10 foot wide exclusive waterline easement, being more particularly described as follows: BASIS OF BEARINGS is the south line of an unrecorded plat prepared for Mrs. F. Buckner dated May 1946. COMMENCING at a 5/8" rebar found on the south right-of-way line of State Highway 105 being the northeast corner of a tract conveyed to George R. Wilson et ux and having a Jefferson County Appraisal District Account No. 300017-000-021800-00000-9; THENCE South 89°29'57" West (called South 89°29' West as shown on the unrecorded plat) along the south right-of-way line of State Highway 105, a distance of 887.84 feet to a point being the northeast corner of the said 3.16 acre tract; THENCE South 89°29'57" West (called South 89°29' West as shown on the unrecorded plat) along the south right-of-way line of State Highway 105 and the north line of the said 3.16 acre tract, a distance of 58.61 feet 1 of 2 EXHIBIT "A" Field Note Description to a point on the north line of the said 3.16 acre tract; said point being the northeast corner of the herein described 404.50 square foot tract and the POINT OF BEGINNING; THENCE South 45 021'47" East, a distance of 18.02 feet to an angle point on the east line of the herein described tract; THENCE South 00 021'47" East, a distance of 22.52 feet to the southeast corner of the herein described tract; THENCE South 89 038'13" West, a distance of 10.00 feet to the southwest corner of the herein described tract; THENCE North 00 021'47" West, a distance of 18.37 feet to a an angle point on the west line of the herein described tract; THENCE North 45°21'47" West, a distance of 17.77 feet to an angle point on the west line of the herein described tract; THENCE North 00°21'47" West, a distance of 4.30 feet to a point on the south right of line of State Highway 105, the north line of the said 3.16 acre tract, and being the northwest corner of the herein described tract; THENCE North 89 029'57" East (called North 89 029' East as shown on the unrecorded plat) along the said south right-of-way line of State Highway 105 and the north line of the said 3.16 acre tract, a distance of 9.82 feet to the POINT OF BEGINNING and containing 404.50 square feet of land, more or less. This description and the accompanying plat were prepared from a Land Title Survey performed under the supervision of Richard F. Faust, P.E., Registered Professional Land Surveyor No.4782 on December 05, 2011. �Q.o�s rF,�•.. .......................... RIB F.FAUST RICHARD F. FAUST 5URV�Ci REGISTERED PROFESSIONAL LAND SURVEYOR N0. 4782 2of2 FOUND 518" N 89 58'30" W 1396.39' ~ FOUND 112" R£BAR:�� (REFERENCE BEARING) REBAR NOTE.• BASIS OF BEARING IS THE SOUTH LINE OF AN UNRECORDED PLAT PREPARED FOR MRS. F. BUCKNER DATED MAY 1946 BIRCH F FIORN �Q sl s sk S� OCAMON NOW OR FORMERLY NEW LIFE TABERNACLE O i CALLED 3.16 ACRES VOLUME 1711, PAGE 24 OQ ✓.C.D.R. ` NCINITY MAP �J N.TS. 404.50 SQ.FT. (� Z j °o0 10 WIDE EXCLUSIVE Q '-�to o WA TERLINE EASEMENT �Q W°z$ S 8938'13" W m CL �yQ�m 10.00' H ��U Np E Q �ct°w Q$ S 0021'470 E N 0021'47" W 18.37' _ 3I Q 22.52' X ioc¢i>� LV g N 45 21'47" W 17.77' N "I COMMENCING POINT SCALE 1"-- 30' FOUND 5/8" S 457147" E N 0021'47" W 4.30' REBAR 18.02' P.O.B. S 8929'57" If S 8929 57" W 58.61' J 88Z84' (CALLED S 8929' W) (CALLED S 8929' W) (UNRECORDED PLAT) N 89 29'57" E 9.82' (UNRECORDED PLAT) STATE HIGHWAY 105 (CALLED S 8929' W) (UNRECORDED PLAT) of TF co a� N EXHIBIT B • PAGE 1 OF 1 MCKAW F.FAUST TO ACCOMPANY DESCRIPTION OF <�A9 4782 A 404.50 SQ.FT. E EXCLUSIVE WATERLINE EASEMENT U n OUT OF A 116 ACRE TRACT ENGINEERING AND SURVEYING,INC. OUT OF THE W.B. DYCHES SURVEY, ABSTRACT 17 2525 CALDER STREET ■ BEMMONT,TEXAS 7702 GISIERED OFESSIONAL LAND SURVEYOR NO. 4782 BEAUMONT, ,JEFFERSON COUNTY TEXAS (409)813-3410 FAX uu»813-3484 SURVEY REGIS7RA710N FIRM NO. 100024-00 PROJECT N6 0806221 FAUST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors Telephone(409)813-3410 E-MAIL ADDRESS INFO@FAUSTENG.COM Fax(409)813-3494 2525 Calder Street Beaumont,Texas 77702 Surveying Firm No 100024-W EXHIBIT C PAGE 1 OF 2 FIELD NOTE DESCRIPTION FORA 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF THE W.B. DYCHES SURVEY,ABSTRACT NO.17 BEAUMONT,JEFFERSON COUNTY, TEXAS December 05,2011 That certain 378.50 square foot tract being a 10 foot wide exclusive waterline easement out of the W.B. Dyches Survey, Abstract No. 17,Jefferson County, Texas, and being out of a called 3.16 acre tract conveyed to The First United Pentecostal Church of Beaumont as described in Volume 1711, Page 24, of the Deed Records of Jefferson County, Texas; said 378.50 square foot, 10 foot wide exclusive waterline easement being more particularly described as follows: BASIS OF BEARINGS is the south line of an unrecorded plat prepared for Mrs. F. Buckner dated May 1946. COMMENCING at a 1/2" rebar found on the east right-of-way line of East Major Drive being the southwest corner of a called 1.00 acre tract conveyed to New Life Tabernacle as described in Clerk's Film No. 104-49- 0564 of the Official Public Records of Jefferson County,Texas; THENCE with a curve to the left along the said east right-of-way line of East Major Drive, and west line of the said 1.00 acre tract, having a radius 350.00 feet(called 350.00 feet as shown on an unrecorded plat prepared for Mrs. F. Buckner dated May 1946, and called an 18 degree curve to the right on centerline of East Major Drive as described in said 1.00 acre tract), an arc length of 131.90 feet, a chord bearing North 41°59'20" East, and a chord length of 131.12 feet, to a W rebar found for the northwest 1 of 2 EXHIBIT "C" "y=ield(dote Description corner of the said 1.00 acre tract; said rebar being the southwest corner of the said 3.16 acre tract; THENCE with a curve to the left along the east right-of-way line of East Major Drive, and west line of the said 3.16 acre tract, having a radius 350.00 feet (called 350.00 feet as shown on an unrecorded plat prepared for Mrs. F. Buckner dated May 1946, and called an 18 degree curve to the right on centerline of East Major Drive as described in said 1.00 acre tract), an arc length of 117.54 feet, a chord bearing North 21°34'18" East, and a chord length of 116.99 feet, to the southwest corner of the said 378.50 square foot tract and the POINT OF BEGINNING; THENCE with a curve to the left along the east right-of-way line of East Major Drive, and west line of the said 3.16 acre tract, having a radius 350.00 feet (called 350.00 feet as shown on an unrecorded plat prepared for Mrs. F. Buckner dated May 1946, and called an 18 degree curve to the right on centerline of East Major Drive as described in said 1.00 acre tract), an arc length of 10.04 feet, a chord bearing North 11°07'45" East, and a chord length of 10.04 feet, to the northwest corner of the herein described tract; THENCE South 83 039'34" East, a distance of 37.45 feet to the northeast corner of the herein described tract; THENCE South 06 020'26" West, a distance of 10.00 feet to the southeast corner of the herein described tract; THENCE North 83°39'34" West, a distance of 38.29 feet to the POINT OF BEGINNING and containing 378.50 square feet of land, more or less. This description and the accompanying plat were prepared from a Land Title Survey performed under the supervision of Richard F. Faust, P.E., Registered Professional Land Surveyor No.4782 on De e 05, 2011. OF rF co 4 N . ....................... FK>M F.FAUST .< pv.. 4M j� RICHARD F. FAUST su REGISTERED PROFESSIONAL LAND SURVEYOR N0. 4782 2 of 2 i R a� 518' N 8958'30" W (396.39' r (REFERENCE BEARING) NOW OR FORMERLY COMMENCING POINT ' it NEW LIFE TABERNACLE FOUND 112' c RET CALLED 1.00 ACRES REBAR p CLERKS FILM NO. 104-49-0564 FOUND 112' J.GR.P.R. REBAR R=350.00 NOTE- BASIS OF BEARING IS THE (CALLED Rm350.00) ?, SOUTH LINE OF AN UNRECORDED L=131.90' PLAT PREPARED FOR MRS F. D=21'35'32" ¢°ire BUCKNER DATED MAY 1946 CB=N 415920" E ocA C=131.12' VICINITY MAP N T.S. R=350.00 (CALLED R-350.00) -7r L=117.54' �� D=1974 32" CB=N 2134'18" E ro C=116.99' Q N 19 SCALE 1"= 30' NOW OF FORMERLY Do NEW LIFE TABERNACLE Q w CALLED 3.16 ACRES VOLUME 1711, PAGE 24 J. r� m_ C.D.R. "J EXHIBIT D = Q 2 PAGE I OF I X TO ACCOMPANY DESCRIP7101V LL or N 833934" 2 A 378.50 SQ.FT. S 06'20'26' W 10.00' ,�Z9. W BEING A 10 FOOT WIDE P.O.B. EXCLUSIVE WATERLINE EASEMENT our OF A 3.16 ACRE TRACT 378.50 Sq.FT. S 8339 ;4" OUT OF THE W.B. DYCHES SURVEY, ABSTRACT 17 E' BEAUMONT, JEFFERSON COUNTY TEXAS 10' WIDE EXCLUSIVE 37 45' WATERLINE EASEMENT R=350.00 (CALLED Ra350.00) L=10.04' D=01'3834" co CB 0. �T45" E 104 4•tP ... F.FAUST ..................... <9' 478 '11R� GIS7ERED SSIONAL LAND SURVEYOR NO. 4782 ENGINEERING AND SURVEYING,INC. SURVEY REGIS7RA71av FIRM NO. 100024-00 STA TE HIGHWAY 105 ���STREET ■ _�.TEXAS mot NM 813-3410 ■ FAX 009)813-3484 PROJECT NO.0906-1 G RICH WITH OPPORTUNITY BEADINOIN* T • E • X • A • s City Co�nc Agenda Item TO: City Council FROM: Kyle Hayes,City Manager PREPARED BY: Ryan Slott,Parks and Recreation Director MEETING DATE: January 10,2012 REQUESTED ACTION: Council consider authorizing the City Manager to renew an agreement for the use of the stables at Tyrrell Park. RECOMMENDATION The Administration recommends approval. BACKGROUND On January 11,2011,the City Manager was authorized to execute an agreement for one year with Ken Miller for the use of the Tyrrell Park Stables property. Mr. Miller is meeting his obligations under the agreement and has put substantial work into cleaning up the property which is now noticeably more attractive and well kept. Staff met with Mr. Miller and determined that he is committed to continuing the programs that have been started. He understands the importance of working collaboratively with the City to develop a sustainable stables operation and will continue to clean,improve,and maintain the barn property and its associated grounds and pastures located north of the stables road. Staff is recommending a one-year agreement with Mr.Miller under same terms and conditions previously established. The agreement provides for annual renewals by agreement of the parties and contains a 30-day cancellation clause. The riding trails will continue to remain open to the general public. BUDGETARY HAPACT Mr. Miller will pay for his utilities and$350 per month for rent. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an agreement with Ken Miller for use of the Tyrrell Park Stables property for a period of one (1) year beginning January 15, 2012. The agreement is substantially in the form attached hereto as Exhibit «A PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of January, 2012. - Mayor Becky Ames - Agreement between the City of Beaumont and Ken Miller for the use of Tyrrell Park Stables Property In order to allow and support equestrian and stables related activities, the City agrees to allow Ken Miller access to the Tyrrell Park Stables property subject to the conditions detailed below. Property Description Barn property-Mr. Miller will control the barn and its associated pastures north of the stables road to Downs Road extended. Term This agreement will have a term of one year, beginning January 15, 2012, and may be extended by agreement of the parties. Insurance Mr. Miller will maintain$1,000,000 in liability insurance with the City named as an Additional Insured. Clean Up and Maintenance Barn Property and Pastures-Mr.Miller will clean and maintain the grounds, structures, and fences. Structural elements which are added will be similarly well maintained. The snowing schedule will be coordinated with the City, so that the grounds complement the surrounding park property. Payment Mr. Miller will pay the City$350 per month for rent and be responsible for the utilities for the Barn Property. The rent is due at the first of the month and late on the 10s`. Utility payments will be invoiced and paid with the next rental payment. The City's Cash Management Office will issue payment instructions. Cancellation This agreement may be cancelled by either party with 30 days written notice delivered in person or by certified mail, return receipt requested,to the addresses listed below. Executed by the parties this day of January, 2012. Kyle Hayes, City Manager Ken Miller 801 Main Street, Suite 300 Beaumont, Texas 77701 EXHIBIT "A" RICH WITH OPPORTUNITY BEAUMOIN* T • A • g A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PD. PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: January 10, 2012 REQUESTED ACTION: Council consider authorizing the acceptance of a ten foot(10') wide Exclusive Water Line Easement. RECOMMENDATION The Administration recommends acceptance. BACKGROUND On August 09, 2011, Council approved Resolution No. 11-213 authorizing the conveyance of four(4) separate ten foot(10')wide exclusive water line easements from the Beaumont Independent School District. Beaumont Independent School District has agreed to convey a ten foot(10')wide Water Line Easement to the City of Beaumont. The easement is described as being a 0.0416 acre tract out A. Huston League,Abstract 33 located at 8750 Phelan Blvd. 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. The Water Line Easement will provide water and fire protection services for Westbrook High School Field House. BUDGETARY IMPACT None. RESOLUTION NO. WHEREAS, on August 9, 2011, the City Council of the City of Beaumont, Texas, passed Resolution No. 11-213 accepting four (4) ten (10) foot wide exclusive water line easement from Beaumont Independent School District to provide water and fire protection services for Westbrook High School; and, WHEREAS, an additional ten (10) foot wide exclusive water line easement is required to provide water and fire protection services for Westbrook High School Field House; and, 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 A. Huston League, Abstract No. 33, 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 Westbrook High School Field House located at 8750 Phelan Boulevard and allowing for the construction, alteration, operation and maintenance of said water lines and appurtenances; and, WHEREAS, the City Council has considered the purpose of said conveyances and is of the opinion that the acceptance of said conveyances 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 easements conveyed by the Beaumont Independent School District, as described in Exhibit "A" and shown on Exhibit "B," be and the same are hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of January, 2012. - Mayor Becky Ames - V' ,T A Fiftz&S ipman INC. Consulting Engineers and Land Surveyors Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987) Donald R.King,P.E. Terry C.Shipman,P.E.,Chairman Walter J.Ksiazek,R.P.L.S. Billy J.Smith,Jr.,President EXHIBIT"A",PAGE 1 OF 3 FIELD NOTE DESCRIPTION OF A 0.0416 ACRE TRACT FORA 10' WIDE EXCLUSIVE WATER LINE EASEMENT OUT OF THE A.HUSTON LEAGUE,ABSTRACT 33 JEFFERSON COUNTY,TEXAS NOVEMBER 3,2011 REVISED: DECEMBER 16,2011 That certain 0.0416 acre tract for a 10'wide exclusive water line easement out of the A. Huston League, Abstract 33, Jefferson County, Texas, and being out of a called 100.00 acre tract conveyed to Beaumont ISD (aka South Park ISD) as recorded in Volume 1492, Page 5 of the Deed Records of Jefferson County, Texas, said 0.0416 acres being more particularly described by metes and bounds as follows: Note: Basis of Bearings is referenced to the west line of the said 100.00 acre tract having been called South 00 009'19"West. COAMENC/NG at a 3/8" iron rod found in the south right-of-way line of Manion Drive for the northwest corner of the said 100.00 acre tract from which an aluminum disk found in the north right-of-way line of Phelan Boulevard bears South 00 009'19°West 2859.55 feet (called South 00°09'19°West); THENCE South 00 00919"West along the west line of the said 100.00 acre tract a distance of 1334.02 feet to a point from which an aluminum disk found for the northwest comer of a called 1.194 acre tract conveyed to Jefferson County Drainage District No. 6 as recorded in Clerks File No. 2002027331 of the Official Public Records of Jefferson County, Texas bears South 00 009'19" West 1475.56 feet (called South 00 009'19"West); THENCE South 89°50'46" East a distance of 990.39 feet to an angle point of a called 0.264 acre tract for an exclusive city water line easement to the City of Beaumont as recorded in Clerks File No. 2011026464 of the Official Public Records of Jefferson County, Texas; THENCE South 89 049'17" East along a north line of the said 0.264 acre tract a distance of 65.85 feet(called South 87 024'24° East)to a point for an exterior comer of the said 0.0416 acre tract and the POINT OF BEGINNING; Fittz&Shipman,Inc. Page 1 of 2 Project No. 09048T34esmt 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" EXHIBIT "A", PAGE 2 OF 3 THENCE North 45 004'30" East along a northwest line of the said 0.0416 acre tract a distance of 43.32 feet to a point for the northwest comer of the said 0.0416 acre tract; THENCE South 89 055'30" East along a north line of the said 0.0416 acre tract a distance of 98.16 feet to a point for the northeast comer of the said 0.0416 acre tract; THENCE South 44°55'30" East along the northeast line of the said 0.0416 acre tract a distance of 43.73 feet to a point in the said north line of the 0.264 acre tract for an exterior comer of the said 0.0416 acre tract; THENCE South 22 037'41"West along the east line of the said 0.0416 acre tract a distance of 10.82 feet to a point in an interior line of the said 0.264 acre tract for the southeast comer of the said 0.0416 acre tract; THENCE North 44 055'30"West along an interior line of the said 0.0416 acre tract a distance of 43.72 feet to an angle point; THENCE North 89 055'30"West along an interior line of the said 0.0416 acre tract a distance of 89.87 feet to an angle point; THENCE South 45 004'30"West along an interior line of the said 0.0416 acre tract a distance of 43.33 feet to a point in an interior line of the said 0.264 acre tract for the southwest comer of the said 0.0416 acre tract; THENCE North 22 022'27"West along a west line of the said 0.0416 acre tract a distance of 10.83 feet to the POINT OF BEGINNING and containing 0.0416 acres of land, more or less. This Field Note Description is being submitted along with a plat of even date based on a survey performed by Fittz& Shipman, Inc. during June 2011. Walter J. Ksiazek _q!►tiO* T,g4.' t Registered Professional and Survey r No. 5321 *',►�' •;. Q:/Projects/09048/09048T34esmt 1WAZt! .....w Fittz&Shipman,Inc. Page 2 of 2 Project No. 11005.0018 Plat& Description MANION DRIVE EXHIBIT "Am. PAGE 3 OF 3 NUMBER dRECnON Nstma COMMENCING Ll S 89 49'17" E 65.85 POINT CALLED S$77424*E FOUND 3/8' L2 N 45'0430 E 43.32 C4 IRON ROD L3 S 89'55 30" E 98.16 SCHOOL DISTRICT SOUTH PARK INDEPENDENT L4 S 44''31530 E 43.73 M VOL. 1492, PG. 5, D.R.J.C. L5 s 223741' W 10.82 A. HUSTON LEAGUE. (CALLED 100.00 ACRES) L6 N 445530 W 43.72 3 A—33 Le s 4455M4'o W 33 POINT OF BEGINNING N 22 10. N L9 22 27 W 10' WIDE EXCLUSIVE WATER EASEMENT Z 0.0418 ACRE a 10' WIDE EXCLUSIVE o CITY OF BEAUMONT WATER EASEMENT P31: to EXCLUSIVE CITY WATER LINE EASEMENT m 8 CLERKS FILE NO, 2011025356, O,P.R.J.C. 0.0416 ACRE L3 In 0!► (CALLED 0.263 ACRE-NO. 2) m o S 89'50 46 E 990.39 _ — — rn 3 CITY OF BEAUMONT EXCLUSIVE CITY WATER LINE EASEMENT CLERKS FILE NO. 2011026464.O.P.R.J.' vi (CALLED 0.264 ACRE) �V W �_ �SmS N FOUND I I �I I ALUMINUM o: DISK u 1-9d 8 JEFFERSON COUNTY DRAINAGE DISTRICT NO 6 I�L w p CLERKS FILE NO. 2002027331, O.P.R.dC. m Iq (CALLED 1.194 ACRES) O F r I I wm m = PBELAN BOULEVARD *�0 Is �;F ss o X FOUND ,` W * ++ + I I S LU ALUMINUM I� E3 A N v DISK .TlIR J. KSIA7' I I 31, so•i �'y I I W� O� O a`��jee Up. SURVEYOR'S CERTIFICATION: I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, 'ter THAT-THIS IS AN ACCURATE PLAT OF A SURVEY-&OESCRIPTION`MADE- ON THE GROUND UNDER MY SUPERVISION DURING JUNE 2011. 0:\PROJECTS\09048\TASK 34-Wnt Brook Water Line Esmt\0904BT34.dwq Nov 04, 2011 0&21om A�PV� Fl ttZ 'S1tipman 10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO. 91G PRQiS4"1' NAIL: BISD 3 WALTER J. KSIA2EK WESTBROOK HIGH SCHOOL REGISTERED PROFESSIONAL D SURVEY N0. 5321 1405 CORNERSTONE COURT,BEAUMONT. TEXAS BEAUMONT, TEXAS (409)832-7238 FAX(409)832-7303 PROJECT NO. T.B.P.E. FIRM #1160 a T.X.L.S.FIRM/100186 DATE:11-3-11 09048 T34 agate PI T 3 X A REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 10,2012 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda item No. 4/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a specific use permit to allow a school in a GC-MD (General Commercial-Multiple Family Dwelling)District at 3920 W. Cardinal Drive 2. Consider a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling)District at 1375 E. Lucas 3. Consider a request for a specific use permit to allow a restaurant and bar in a PUD (Planned Unit Development)District at 3350 Dowlen Road, Suite C 4. Consider approving the purchase of an imaging system for use by the Police Department 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: Economy Inn/Jivanji Bhakta Prabhubhai; Hotel Occupancy Tax 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 January 10,2012 Consider a request for a specific use permit to allow a school in a GC-MD (General Commercial-Multiple Family Dwelling)District at 3920 W. Cardinal Drive RICH WITH OPPORTUNITY BEAUMON* T • E • B • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager M PREPARED BY: Chris Boone, Community Development Director MEETING DATE: January 10,2012 REQUESTED ACTION: Council consider a request for a specific use permit to allow a school in a GC-MD (General Commercial-Multiple Family Dwelling)District at 3920 W. Cardinal Drive. RECOMMENDATION The Administration recommends approval of the specific use permit. BACKGROUND Pastor John Adolph,representing Antioch Missionary Baptist Church,has applied for a specific use permit. Pastor Adolph states that the church has completed construction of its 26,657 sq. ft.multipurpose activity center. This building includes space for classrooms,offices, computer lab and coffee shop. Pastor Adolph says that the school will include grades 1-8 and plans for a September,2012 opening. The school will operate Monday-Friday and follow BISD's school calendar from August through June. At a Joint Public Hearing held December 19, 2011, the Planning Commission recommended approval 6:0 of a request for a specific use permit to allow a school in a GC-MD (General Commercial-Multiple Family Dwelling)District at 3920 W. Cardinal Drive. BUDGETARYIMPACT None. Dr.John R.Adolph,Pastor www.antiochbmt.org November 3,2011 City of.Beaumont Planning Division 801 Main Street Rm 205 Beaumont,TX 77701 Antioch Missionary Baptist Church has completed construction of its 26,657 square foot activity center which is a pre manufactured frame construction,two-story ground up multipurpose facility with spaces for classrooms,offices,computer lab,and coffee shop.This mixed use non separated facility is currently designated for education,mercantile, business and storage(E,M,B,S). We plan to open a school(grades 1-8)within this new facility in September 2012.The school will be open Monday through Friday and follow BISD's school calendar from August until June.The building will also be used for church activities for youth on Sundays and summer vacation periods.A portion of the building which is completely isolated from the school will be used for incubator offices for young, fledgling business whose operating hours are Monday through Friday. This activity center is located next to the church and will utilize more than 475 parking spaces at the church.The use of this building meets and exceeds all conditions required for a specific use permit.We are requesting approval of this specific use application and positive recommendation to the City Council. Thank you in advance f y consideration, John R. dolph Pastor ►•�e� �r� i� �ee� �i� uxor��t40�y �� -- MARI{W.WHI TELEY AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS,AND PLANNERS P. BEAUIIAOf X8.5492 BfF Mr. Danny Daniels Building Official Commu ty De viopment BulldkV Codes City of Beaumont PO Box 3827 Beaumont, Texas 77703 REF: Antioch Missionary Baptist Church Cardinal[give Beaumont, Texas Dear Mr. Daniels, Attached, please find one a copy of the original civil design plans for the above referenced project prepared and constructed in 2OD3. The architect was Moore, Stansbury and Vaught. Please note the areas labeled"ham part n and alternate near drive"on the drawing. These portions have currently been OMNUuc.-ted. The total parking lot count is 484 spaces. Thirteen (13)of these are handicap spaces. Please review these plans and comment at your earliest convenience. A review of the parking requirements of the City of Beau nont yield the following required spaces: 1. Church- One space for every 4 seats. The church has a 400 seat capacity therefore the required spaces for parking would be 225. 2. Office Area (existing) 48M square feet requires one per 300 square feet and equals sixteen (16) spaces. 3. Multipurpose area (existing) 13, 687 square feet requires a parking spa ce pe r 300 square feet. This eels a required amount of 45 spaces. 4. The new (proposed)educational and recreational area (14,a50 sere feet) requires one space per 200 square feet. This equals 74 parking spaces. (note: square footage is calculated per plans and not actually measured) 3250 Eastex Freeway Beeumont,Texas 77743 1 8$S 83fI-5429 Fax(4%)62- 1346 Therefore the total required in our opinion per the City Ordinance is 360 spaces. The current in ptace parking tot currently has four hundred and seventy five(475) regular spaces and thirteen (13)handicapped spaces. if you should have other any questions, please call, i remain, Sincerety, V� Marls W. Whiteley, PE President 10/5/98 Confidential 2 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SCHOOL IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 3920 W. CARDINAL DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,Antioch Missionary Baptist Church has applied for a specific use permit to allow a school in a GC-MD (General Commercial-Multiple Family Dwelling) District at 3920 W. Cardinal Drive, 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 school in a GC-MD (General Commercial-Multiple Family Dwelling) District at 3920 W. Cardinal Drive; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens. 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 school in a GC-MD (General Commercial- Multiple Family Dwelling)District at 3920 W. Cardinal Drive,as described in Exhibit"A"and shown on Exhibit"B,"attached hereto, and is hereby granted to Antioch Missionary Baptist Church, its legal representatives, successors and assigns, as described in Exhibit"A"and shown in Exhibit "B," 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"C," 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 10th day of January, 2012. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being a 2.1255 acre tract out of and part of Block 14,M.C. Cartwright Addition,Volume 4,Page 194,Map Records out of and part of Tract No. 2B,Partition Map No 1 of the McFaddin Trust Volume 7,Page 132, Map Records,J. W. Bullock Survey,Abst.No. 7, City of Beaumont,Jefferson County, Texas, containing 2.1255 acres,more or less. EXHIBIT "A" 1 Request for specific pernitto allow a school I W (General Commercial-Multiple F1 Dwelling) Dishict. Location: 1 Cardinal Drive Applicant: Antioch i l Baptist 1 1 1 500 1,000 Feet Legend ,. w .y • 111, j9 Ili. ,.••a OAF / 11 1/ I! �! .a. . . 0 ' Y Z 'f' k 5:� •1` la r t v Pi " ..... /� i E a•■{]�;�S�/ .gyp's '✓pt� •�w' •\' �p p � � y a I' �A \ AJ v ! I s g ' Ea •\+ 1 t �p1 j ,•\'k i 1 V_ 1 I 1 1 I ( i '} It� •t iJ}f � g�t#tig 1 1 1 I I 1 1 I J a i ' � tf,t�tef� t� 3�.�+K��ig`•��[�jlii (�,����il��i(i.tj �I�li�' , ._►��:t �� �� it tff � (�ji'j�`;;�.!�}jra^�(tl'�tt;i=�_�g�l� ? J ; !z(�� lJt� � a� _' � ��•{�i� � �gi �i•[13�If=(�i}ftff!(>•� > Fyr1 $R T �f+ tjrf ! �! rf ;� f#��� (I €lt ��•1t j i,atl Ifl 'I i Ed a . [tips Ir p ( ! S 1 fr f ts �tt� t�i'a fit lRat—N i �ks'lii�ij�l a � tl • o EXHIBIT "C" 1. Y C A ON a NY 0 Y -A 1 I I \ ',A f$�7 \ .r \ yy I o� 1 ' f -�- ■ M y--e— \ y \ 1 1 1 61 1 1 1 1 1 1 I 1 1 1 1 1 2 � rO y ZZ 1 1 1 Y , F i � F 9 p'. h PROPOSED NEW E25M RTANSBURY S VAUGHT a :y ANTIOCH BAPTIST CHURCH E c T S, 1 H c PORT ARTMM. TEXABEAUMONT, TEXAS w Ra h A m . ® A CLeYATIg1 . EAST eLEVAr.M AT.M EFE I G,o%%NG THE S, 6'I � _6Q_ ARCH RE o4 n x 2 www L5:1 rc Liyeei ure.com ��, .mp I L$Architecture,PLLC ANTIOCH ACTIVITY CffNTER PO B 5441 Bwumont Teue 77726 BEAUMONT, TEXAS 409-299-0162 ph/409-898-8171 fug : . I I I I� it 2 January 10,2012 Consider a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling)District at 1375 E. Lucas RICH WITH OPPORTUNITY BEA,UM8'N* T • E • X • A S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manage�3 t PREPARED BY: Chris Boone, Community Development Director MEETING DATE: January 10, 2012 REQUESTED ACTION: Council consider a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling)District at 1375 E. Lucas. RECOMMENDATION The Administration recommends approval of the specific use permit, subject to the following conditions: 1: The owner shall be in full compliance with all codes and ordinances. 2. Provide one ADA parking space that is paved and properly delineated. BACKGROUND Rosa Mary McCloney has applied for a specific use permit. In 2002, City Council approved a specific use permit to allow a church in a former Masonic Temple building on the subject property at 1375 E. Lucas. At that time,the applicant requested and received a modification to the landscaping/screening requirements along the south, east and west property lines. The previous church never did come into compliance with the building code violations that were found or receive a certificate of occupancy. The building has been vacant for a number of years and the specific use for the previous church has expired. Herman Young,representing Rosa Mary McCloney, states that Victory in Jesus Bible Study Center, Inc. has approximately 19 members. The church will have services on Monday and Friday from 6:00 p.m- 7:00 p.m. and Sunday from 11:00 a.m. - 12:00 p.m. At a Joint Public Hearing held December 19,2011,the Planning Commission recommended approval 6:0 of a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling)District at 1375 E. Lucas, subject to the following conditions: 1. The owner shall be in full compliance with all codes and ordinances. 2. Provide one ADA parking space that is paved and properly delineated. BUDGETARY IMPACT None. Victory In Jesus Bible Study Center, Inc. Name:Victory In Jesus Bible Study Center, Inc. How Many Members:About 19 Members Time: Monday From 6:OOPM To 7:PM Friday From6:00PM To7:o0PM Sunday From 11:00PM To 12:PM Herman A. Young November 17, 2011 To: Planning Commission and Beaumont City Council Re: Taylor's Memorial Church 1375 East Lucas Drive Beaumont, Texas 77703 Lola Taylor, Owner Rosa McCloney, Power of Attorney It is my intent to sell this property to be used as a Bible Study Center. The purchaser agrees to the following conditions: -That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding property. -That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; -The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development; -That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; -That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; -That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and -That the proposed use is in accordance with the Comprehensive Plan. Sincerely, Rosa Mary McCloney, Power of Attorney for Lola Taylor ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN A RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 1375 E. LUCAS DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Victory in Jesus Bible Study Center, Inc. has applied for a specific use permit to allow a church in a RS (Residential Single Family Dwelling) District at 1375 E. Lucas Drive, being Tract 37, Plat D-19, A. Williams Survey, City of Beaumont, Jefferson County, Texas, containing 2.00 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 church in a RS (Residential Single Family Dwelling) District at 1375 E. Lucas Drive; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens. 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 church in a RS (Residential Single Family Dwelling) District at 1375 E. Lucas Drive, being Tract 37, Plat D-19, A. Williams Survey, City of Beaumont, Jefferson County,Texas, containing 2.00 acres, more or less as shown on Exhibit "A," attached hereto, and is hereby granted to Victory in Jesus Bible Study Center, Inc., its legal representatives, successors and assigns, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes, subject to the following conditions: • The owner shall be in full compliance with all codes and ordinances. • Provide one ADA parking space that is paved and properly delineated. 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 10th day of January, 2012. - Mayor Becky Ames - File 2117- : Request for a specific use permit to allow a church in an RS(Residential Ingle Family Dwelling) District. cation: 1375 K Lucas Applicant: Rosa Mary McCloney 0 100 200 300 400 I I I I I Feet Legend ® 2117P RM-H E LUCAS DR RM-H T--] T R- R_S R-S R-S R-S R-s o R-S EXHIBIT "A" , f le W/ounH 4 Mr4 11t. [J. -.1 G.;T� _` : - • ' ,r� Approval with modification r-+ ' Xr t """'�' ' ,•• „ ► t... of the landscaping and screening r= •' requirements along the south, ...:;�•..' - :• .. i` ,� ;.. .� r.T-,,.�c><' a- east an west t property '•;,:'� .•'•:� ;�`' =':.��. �, lines. .' 4:'•. 6o",.t .+-I sue, v,.�f+ur s�ceca s��a. _ um veo.nvso e{e!'Ic"s) �.ua►3 � 'fs rf•04.#-S�f . I�MMI'1!I�'LM,111i��•J ' FYOL.O�O•tFSM/.[o• - ,�..A To11•-.. * Approval subject to the following conditions: 1. The owner shall be in full compliance with all codes and ordinances. EXHIBIT GB" 2. Provide one ADA parking space that is paved and properly delineated. 3 January 10,2012 Consider a request for a specific use permit to allow a restaurant and bar in a PUD(Planned Unit Development)District at 3350 Dowlen Road, Suite C RICH WITH OPPORTUNITY un,,NBEAUIRU" ,T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager �)7 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: January 10,2012 REQUESTED ACTION: Council consider a request for a specific use permit to allow a restaurant and bar in a PUD (Planned Unit Development)District at 3350 Dowlen Road, Suite C. RECOMMENDATION The Administration recommends approval of the specific use permit. BACKGROUND Tony Nguyen,representing Koi Sushi, LLC,has applied for a specific use permit. Koi Sushi Restaurant would like to operate a restaurant and bar in Tuscany Park at 3350 Dowlen, Suite C. The restaurant will be open six days a week. Tuscany Park is a mix of offices,retail stores and restaurants and the Koi Sushi Restaurant would enhance the development's role as a major commercial destination. At a Joint Public Hearing held December 19, 2011,the Planning Commission recommended approval 6:0 of a request for a specific use permit to allow a restaurant and bar in a PUD (Planned Unit Development)District at 3350 Dowlen Road, Suite C. BUDGETARYIMPACT None. To City of Beaumont Planning and Zoning Commission: We, Tony Nguyen and Huy Do (dba Koi Sushi, LLC),would like to open a sushi restaurant and bar at Suite C of 3350 Dowlen Rd(Tuscany Park Shopping Center)...formerly Southeast Texas Title. The only operations at the location would be a sushi restaurant and bar. Regards, ony Nguyen Koi Sushi, LLC SECTION 30-26.E THE ZONING ORDINANCE REQUIRES THAT THESE EIGHT CONDITIONS MUST BE MET BEFORE SPECIFICE USE PERMIT CAN BE ISSURED: That the specific use will be compatible with and not injurious to the use and enjoyment of other property,nor significantly diminish or impair property values within the immediate vicinity. The specific use will be compatible with and not injurious to the use and enjoyment of other properties, nor will it not significantly diminish or impair property values within the immediate vicinity. That the establishment of the specific use will not impede the normal and orderly development and improvements or surrounding vacant property. The specific use will not impede the normal and orderly development and improvements or surrounding vacant property. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided. All utilities, access roads, drainage and all necessary supporting facilities are provided. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development. The parking and driveways will not be modified from the original Tuscany Park plans. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration The suite will be used for a sushi restaurant and bar. There should be no problems with offensive odors,fumes, dust, noise or vibrations. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties No additional lighting is planned. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and No additional landscaping is needed from what is already at Tuscany Park That the proposed use is in accordance with the Comprehensive Plan The proposed use is within the guidelines of the specific use permit for the property. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RESTAURANT AND BAR IN A PUD (PLANNED UNIT DEVELOPMENT) DISTRICT AT 3350 DOWLEN ROAD, SUITE C IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Koi Sushi, LLC has applied for a specific use permit to allow a restaurant and bar in a PUD (Planned Unit Development) District at 3350 Dowlen Road, Suite C, being Lot 1, Tuscany Park Addition, City of Beaumont, Jefferson County, Texas, containing 0.903 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoni ng Commission of the City of Beaumont considered the request for a specific use permit to allow a restaurant and bar in a PUD (Planned Unit Development) District at 3350 Dowlen Road, Suite C; and, WHEREAS, the City Council is of the opinion that the issuance of such speck use permit is in the best interest of the City of Beaumont and its citizens. 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 restaurant and bar in a PUD (Planned Unit Development) District at 3350 Dowlen Road, Suite C, being Lot 1, Tuscany Park Addition, City of Beaumont,Jefferson County,Texas,containing 0.903 acres, more or less as shown on Exhibit "A," attached hereto, and is hereby granted to Koi Sushi Restaurant, 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 10th day of January, 2012. - Mayor Becky Ames - Request for a specific-use pennit to allow a restaurant and bar in a PUD (Planned Unit Development)District. Location: 3350 Dowlen Road, Suite C 0 100 200 300 I Feet r_. 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PEASE ONE&TWO - -�• .�•~ �""id` A PLANNED VMT DEVELOPMENT .•— "°""` ":�-..�:�M:�• LOTS 1-6 ..w.w...-....e. o..-........,... PA°POSlD tTW(RAL USlS, .. OUT OF •�+ .'�"....�...�.p.:.r.....»' THE K 1'ZUUM SURM. ARS"UCf NO. 60 Dbewn °� LOCATED INN °° ,••—•••'__ �+w srrr.mrr a. r .NrreNOwt NM,OS W7CR REAUYORT. a FEtm comm. TE> s w LM m3hm .�.'L:.""�Z" •.:M-".. "'' •arru ru.us m AUGUST EOOI snows.n ..eaNr l.N�t yn��^-,,� er....r..r.... 81tDV!►OI,D •MMRI.�OIIII.,C jj, ebrMi xrr` Dl'VR01 r....w ra.r-..e e. .w•......-..-,.... •.easel NOW aer .Nttn�e.4 teat tttw 4 January 10,2012 Consider approving the purchase of an imaging system for use by the Police Department RICH WITH OPPORTUNITY ;N* BEAUM,O T ' E • X • A ' S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: January 10, 2012 REQUESTED ACTION: Council consider approving the purchase of an imaging system for use by the Police Department. RECOMMENDATION The Administration recommends approval of the purchase from MCCi, LLC of Tallahassee, Florida, in the estimated amount of$91,694. BACKGROUND Pricing for the purchase was obtained through the State of Texas Department of Information (DIR). DIR provides cities and political subdivisions with the means to purchase information technology at volume prices contracted under the procurement statutes of the State of Texas. 'The Police Department uses an imaging system to capture and manage case related documents that must be kept in a secured but accessible manner while meeting all state retention guidelines and protecting the integrity of the criminal investigation. The current system was implemented in 1997 and has had only one system upgrade in fourteen years. The system hardware that stores images is outdated and no longer manufactured. In addition,the current system does not image color photos; therefore, they are stored on a stand- alone computer. The proposed system will allow for the capture of case related documents and the addition of color evidence photos. It will interface with the City's SunGard OSSI Public Safety software and provide software upgrades,user efficiencies, and less costly yearly maintenance and support. BUDGETARY IMPACT Funds are budgeted for the purchase 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 an imaging system,for use by the Police Department, from MCCi, LLC, of Tallahassee, Florida, through the State of Texas Department of Information Resources (DIR) contract, in the amount of$91,694. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of January, 2012. - Mayor Becky Ames - _ J