Loading...
HomeMy WebLinkAboutPACKET MAY 14 2002 . aw. EL City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 14, 2002 1:30 P.M. AGENDA OPENING • Invocation Pledge Roll Call • Presentations and Recognition • Public Comment: Persons may speak on scheduled agenda items • Consent Agenda GENERAL BUSINESS 1. Conduct an election of Mayor Pro Tempore 2. Consider declaring the City property occupied by Beaumont Fire/Rescue Services, 400 Walnut Street, as the "C. A. (Pete) Shelton Plaza." 3. Consider approving a contract for the replacement of the pedestrian ramp at the Police Station COMMENTS • Councilmembers comment on various matters • City Manager's Report -New Texas Veterans Homes, Miller Library Grand Opening, Neighbors in the Park and Law Enforcement • 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: Debra Edwards v. City of Beaumont Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting. 1 May 14, 2002 Conduct an election of Mayor Pro Tempore The City Council shall elect one of its members as Mayor Pro Tempore for a one (1) year term. The Mayor Pro Tempore shall perform the duties of the Mayor in case of the absence or inability of the Mayor to perform the duties of his/her office, and, if a vacancy occurs, shall become Mayor for the unexpired term. If the Mayor Pro Tempore is unwilling to assume the duties of Mayor in the event of a vacancy in that office, then the City Council shall fill the vacancy from their membership after the vacancy in the City Council is filled as provided in Section 7 of Article III of the Charter of the City of Beaumont. 2 May 14, 2002 Consider declaring the City property occupied by Beaumont Fire/Rescue Services,400 Walnut Street, as the "C. A. (Pete) Shelton Plaza." MAW Cit y of Beaumont Council Agenda Item M K g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Michel G. Bertrand, Fire Chief MEETING DATE: May 14, 2002 AGENDA MEMO DATE: May 9, 2002 REQUESTED ACTION: Council approval to declare the City property occupied by Beaumont Fire/Rescue Services, 400 Walnut St., Beaumont, TX., as the "C. A. (Pete) Shelton Plaza".This would include the area encompassing Fire Headquarters,the Fire Museum,the Texas Firefighter Memorial and the parking lot. RECOMMENDATION: Council consideration to officially name the downtown property area occupied by the fire department as the C.A. (Pete) Shelton Plaza. BACKGROUND: In 1986 the site of Central Fire Station,400 Walnut,was endorsed by the State Fireman's and Fire Marshal's Association as the Fire Museum of Texas. Retired Fire Chief Pete Shelton was indispensable in helping the museum not only relocate to Beaumont, but become one of the top ten fire museums in the country. At the April 18, 2002 fire museum board meeting, Beaumont firefighters asked the board to consider naming the memorial plaza area in honor of Mr. Shelton because of his efforts in establishing the museum. The board moved to delay the motion until it could research this request. Research indicated the property occupied by the memorial plaza area, was intended for the exclusive use of the museum,however,owned by the City,therefore needing Council approval to name the plaza.Additionally,the board was concerned that naming solely the memorial plaza after one individual may detract from the integrity and meaning of the memorial itself, as it represents deceased firefighters from across the entire state. Discussion ensued and consensus was reached to name the entire property after Mr. Shelton,which included the memorial plaza. Doing so would maintain the integrity of the memorial area, but indeed give honor to a gentleman that devoted his life to the fire service. BUDGETARY IMPACT: None . PREVIOUS ACTION: None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Fire Chief. RECOMMENDED MOTION: Approve/deny a request from the Fire Museum board to name the downtown property area occupied by the fire department as the"C. A. (Pete) Shelton Plaza." May 2, 2002 City Council City of Beaumont PO Box 3827 Beaumont, TX 77704 Fire Museum of Texas 2002 Board of Trustees pear Council members: Allison Nad=Golias President The Fire Museum of Texas Board would like to recommend a Billy Kenny proposal for the City Council to pursue. We would appreciate it if City l"vice President Council could declare all of the firefighter property located on Walnut St., Dolor Lasiche including the Fire Museum, the Texas Firefighter Memorial, the parking lot 2W Vim Pfesid01 t and the street in front of the museum to be named the C. A. Pete Shelton Don Thompson,Jr. Plaza. Treasurer Secretary The Fire Museum Board wants to take this opportunity to honor Members-st-Lane Pete Shelton, an individual who was indispensable in helping the museum James'Broussard become one of the top ten fire museums in the country. The idea to Kw Dollinger honor Pete Shelton was brought before us by several Beaumont Josh Fowler Firefighters. Since we are in the proem of creating the Texas Firefighter Mike Frank g P g Linda Gaudio Memorial we believe this would be a wonderful opportunity to incorporate Kum Glidden all of the separate entities Involved under one name - the C. A. Pete Gary Griffm P Jody Herrera Shelton Plaza. KWW WeaWngton Hughes Jim Love Jack Mad&m Please add this to the City Council's agenda and our board Bill Nelson James Noble members will be present to show our support and speak about the Arm Rod&amm recommendation. If you have any questions, please do not hesitate to SFFMA RopreaoaU*cs call the at 654-3210. Thank you for considering our proposal. Dennis Gifford-Lumberton Chris Israel-Draaoria Bo Welborn-Gilchrist Sin rely, E:d)tttelo Members Mayor David Moore CA"Pete"Shelton Micky Bertrand,Fire Chief Susan Laming,Director Allison Nathan Gol?s "& President Fire Museum of Texas Board MAY 3 ?k,U 400 WALNUT t.„d„r.,een. R P.O. BOX 3827 t p�Fr7 U St E U M BEAUMONT,TX 77704 M rY �1 Y (409) 880-3927 OF TEXAS FAX (409) 880-3914 ���� 3 May 14, 2002 Consider approving a contract for the replacement of the pedestrian ramp at the Police Station City of Beaumont Council Agenda Item � : . K g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: May 14, 2002 AGENDA MEMO DATE: May 3, 2002 REQUESTED ACTION: Council approval to award a bid for the replacement of the pedestrian ramp at the Police Station. RECOMMENDATION Administration recommends award of a bid in the amount of $29,680 to Mason Construction, LTD. of Beaumont for the replacement of the pedestrian ramp at the Police Station. BACKGROUND The ramp is located on the north side of the Police Station and provides handicap access from the building entrance to the Pearl Street sidewalk. The replacement is necessary due to the deteriorated condition of the existing pavement. The pavement is cracked in several areas, and does not have handrails or an appropriate slope to meet the 1997 Standard Building Code requirements adopted by the City. The project will include demolition of the existing ramp, subsequent repaving of the affected area, securing of the new section to the existing structure, and the installation of a hand-rail. Building Services personnel will monitor the progress of the construction to ensure compliance with bid specifications and applicable code requirements. Bid notices were provided to forty-eight (48) vendors, with six responding with bids. The bids received are reflected in the attached bid tabulation. The project is to begin in June, 2002, and be completed within 25 calendar days. BUDGETARY IMPACT Funds for this expenditure are available in the Capital Reserve Fund. Pedestrian Ramp Replacement-Police Station May 3, 2002 Page 2 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. RECOMMENDED MOTION Approve/Deny accepting a bid from Mason Construction LTD. in the base amount of$29,680 for the replacement of the pedestrian ramp at the Police Station. Pedestrian Ramp Replacement-Police Station May 3, 2002 Page 3 Vendor Completion Time Total Bid Amount Mason Construction, LTD. 25 days $29,680 Beaumont, Texas Salenga Construction, Inc. 60 days $33,560 Beaumont, Texas Jemari Group, Inc. 21 days $35,000 Beaumont, Texas Cleveland Construction, Inc. 60 days $37,900 Mauriceville, Texas Cogbill Construction, LLC 40 days $48,457 Vidor, Texas Simco Enterprises, LTD. 50 days $49,973 Groves, Texas tug I M IL City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 14, 2002 1:30 P.M. CONSENT AGENDA Approval of minutes Confinnation of committee appointments A) Authorize eminent domain proceedings to acquire Parcel 16 of the Major Drive Improvement Project B) Authorize the granting of a License to Encroach into the City's sixty (60) foot Concord Road Right of Way to Jerry Brown CONSENT AGENDA MAY 149 2002 * Committee Appointments A) Authorize eminent domain proceedings to acquire Parcel 16 of the Major Drive Improvement Project A. M. Phelan, III has not accepted the appraised value for his property (0.300 acre out of Tract 8, H. T. & B. RR.) in the amount of$4,125. The City of Beaumont, in cooperation with the Texas Department of Transportation is improving FM 364/Major Drive from State Highway 105 to State Highway 124. On November 6, 2001, City Council authorized eminent domain proceedings against the former owner of this same property, Ms. Mary Jane Phelan. Before condemnation hearings could proceed, she quitclaimed her property to her son, A. M. Phelan, 111. This is the only property of the 27 parcels required for the final phases of this project that has not been acquired. The Administration recommends authorization to acquire the property by eminent domain. A copy of the staff memorandum is attached for your review. B) Authorize the granting of a License to Encroach into the City's sixty (60) foot Concord Road Right of Way to Jerry Brown The encroachment is a one story brick and wood frame residence, a concrete slab containing an air- conditioning unit and a cover containing two air-conditioning units encroaching four feet into the City's sixty (60) foot Concord Road Right of Way for a distance of 25 feet. The property is located at 1195 Grand Avenue and is described as being Tract 12, Plat X, of the J. McFaddin Survey,Ab. 165. The Administration recommends authorization to grant the License to Encroach. A copy of the staff memorandum is attached for your review. A City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: May 14, 2002 AGENDA MEMO DATE: May 7, 2002 REQUESTED ACTION: Council consider a resolution authorizing eminent domain proceedings to acquire Parcel 16 of the Major Drive Improvement Project. RECOMMENDATION The property owner listed below has not accepted the appraised value for his property. Parcel 16 0.300 acre out of Tract 8, H. T. & B. RR. Appraiser: Bishop Real Estate Appraisers, Inc. Total Appraised Value: $4,125 Owner: A. M. Phelan, III The administration recommends authorization to acquire the property by eminent domain. BACKGROUND The City of Beaumont, in cooperation with the Texas Department of Transportation is improving FM 364/Major Drive from State Highway 105 to State Highway 124. Construction is complete from State Highway 105 to Humble Road. According to the agreement, the City acquires the property and is then reimbursed 80% by the State. The acquisition of these properties are in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. Title policies will be purchased for each parcel. BUDGETARYIMPACT None. PREVIOUS ACTION On November 6, 2001, by Resolution No. 01-261, Beaumont City Council authorized eminent domain proceedings against the former owner of this same property, Ms. Mary Jane Phelan. Before condemnation hearings could proceed, she quitclaimed her property to her son, A. M. Phelan, III. This is the only property of the twenty-seven (27) parcels required for the final phases of this project, that has not been acquired. We do have a Right of Entry and Possession on this property. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny resolution authorizing eminent domain proceedings to acquire Parcel 16 of the Major Drive Improvement Project. mickey/jld PARCEL NO. 16 0.300 Acre F.M. Highway 364 Being 0.300 acre of land, more or less, out of and apart of the H.T. & B.R.R. Survey, Section No. 1, Abstract Number 138 in Jefferson County, Texas and being out of and a 1.09 acre tract which is the remainder of the 24.54 acre tract of land conveyed to-Mary Jane Phelan by deed of record in Volume 2063, Page 379 of the Deed Records of Jefferson County, Texas, said 0.300 acre of land being more particularly described as follows: BEGINNING at a iron rod with cap set for corner in the north line of said 24.54 acre tract in the proposed west right of way line for F.M. Highway 364 and being located North 87° 11'51" East a distance of 419.46 feet from a 5/8" iron rod found for the most northerly northeast corner of the 22.77 acre tract out of said 24.54 acre tract described in the deed recorded in Film File Code Number 100-26-2437 of the Real Property Records of Jefferson County, Texas; - THENCE North 870 1 P 51" East with the north line of said 24.54 acre tract a distance of 40.57 feet to a 5/8" iron rod found for the northeast corner of said tract and being in the existing west right of way line for F.M. Highway 364; THENCE South 020 52' 56" East with the east line of said tract and said existing west right of way line a distance of 341.12 feet to a 5/8" iron rod found for the most Southerly northeast corner of said 22.77 acre tract; THENCE North 560 16' 21" West with the north line of said 22.77 acre tract a distance of 49.13 feet to a iron rod with cap set for corner in the proposed west right of way line for F.M. Highway 364, the same being the Southeast corner of that certain 0.679 acre tract as conveyed by Mary Jane Phelan to Patrick Henry Phelan, Trustee and Michael Arthur Phelan, Trustee, in deed dated November 17, 1998, recorded in Clerk's file number 98- 9844571, Official Public Records of Real Property, Jefferson County, Texas; THENCE No Lh 03° 05' 22" West with said proposed west right of way line at a distance of 81.20 feet pass the Northeast corner of said 0.679 acre tract and continuing for a distance of 311.88 feet to the place of BFCTINNING. Said tract c`land erein des d c ntains 0.300 o an ore or less. �P� 4�s i•q�F� ` 1 t , M.W. WHIT �f ELE Y Mark W. Whiteley «� 3636 Q: R.P.L.S. No. 3636 sua*4 This field note description revised on as to adjoinder. Fie survey not performed and acreage shown per James A. Skinner, RPLS # 1614. REV dat 2-04-2000 AURK W. WHITELEY AND ASSOCIATES, INC. EXHIBIT A = Page 1 of 2 1 � / ' 105 A. M. PHELIAN 22.77 Ac. Tr. 1 // i- LE Ma. '00 - 26 - 2437 > /. C VOL 13Z • Ia J 06'19 LCS } Wc, JA c-tAx n- . y- r ,,v •�•� b �w i va ... f, I.99-"._.a^,:-- 1.1c -fr. ?r •�T�. �.2°,,:oQ .W r+�,.'>-r a t'v �vN?' _J .;.r-Z,�o..i!�:7. .n (179 F,- �� •' ' / Sit���t N� / R ULICAP G.It i, ` N 03'03'22":l•200.45, 1''N26 N O1'OS*2"U 31a_:M 1 ;1JY'Oy'Z2"CV 03 I RO 1 D2.IS 7(20 ?XISTNG . PART d -_.�l02^SZ'30"' rre�/•,�n. Al,Qi'�p�'J'41_:l:c -- �' ,�,- fit.iH �'. ._._._..+ . . a assl U/V'S.7 UP.NARCEL. 3 �r SURVEY LIJE EXtST:NG n/W C.NE _ rU6AYR l -ELD . J YLW a er' P_ X{PWLAN TRMT ZU.d A44.sf Ac. Tr. qot_. WAS.t-G.'SG2 3T:MUCT i1ry TRACT ye.3 Gev-sus aG sa EXHIBIT A Page 2 of 2 B ...... City of Beaumont A 3K•� Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: May 14, 2002 AGENDA MEMO DATE: May 8, 2002 REQUESTED ACTION: Council consider a resolution authorizing the granting of a License to Encroach into the City's sixty (60) foot Concord Road Right of Way to Jerry Brown. RECOMMENDATION The encroachment is a one story brick and wood frame residence, a concrete slab containing an air conditioning unit and a cover containing two air conditioning units encroaching four (4) feet into the City's sixty (60) foot Concord Road Right of Way for a distance of 25 feet. The property is located at 1195 Grand Avenue and is described as being Tract 12, Plat X, of the J. McFaddin Survey, Ab. 165. Administration recommends authorization to grant a License to Encroach. BACKGROUND The License Agreement protects the City from liability and provides a thirty (30) day cancellation clause. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny the resolution granting a License to Encroach into the City's sixty (60) foot Concord Road Right of Way to Jerry Brown. licjb/jld LICENSE TO ENCROACH STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and Jerry Brown, hereinafter called "Licensee", contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement) described as follows: Encroachment being onto the City's sixty (60) foot Concord Street right-of- way which is described as Tract 12, Plat X, J. McFaddin Survey, Ab. 165. A one story brick and wood frame residence, a concrete slab containing an air conditioning unit and a cover containing two air conditioning units are encroaching 4.0 feet for a distance of 25 feet into the said sixty (60) foot Concord Road right-of-way. The property is located at 1195 Grand Avenue. Subject property may continue to be occupied and used by Licensee solely in connection with the existing structures and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure, the cost of which equals or exceeds twenty-five percent(25%) of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local health, sanitary, or safety Page 1 of 4 code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont, by resolution of the City Council, determines it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's fees, costs,judgements or expenses,that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor, reserves the right to make improvements, perform maintenance and construction to the right-of-way or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. As part of the consideration for this agreement,Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less that thirty (30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. Page 2 of 4 This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the Engineering Technician, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee shall be sufficient if mailed or hand delivered to the Property Owner at 1 l 95 Grand Avenue, Beaumont, Texas 77701. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of —92002. LICENSOR CITY OF BEAUMONT By: Stephen J. Bonczek City Manager LICENSEE Jerry Brown Page 3 of 4 STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2002, by Stephen J. Bonczek, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF X This instrument was acknowledged before me on the day of 2002, by by Jerry Brown. Notary Public, State of Texas RETURN TO: City of Beaumont Diane Newsome P. O. Box 3827 Beaumont,Texas 77704 880-3725 encroach\l 195GRND.lic Page 4 of 4 SUBJECT In z L.MARI 15IA <F TIME Pe LICENSE TO ENCROACH MA 'N CONCORD ROAD P `H ° sr. I Z LF a RIGHT OF WAY L UI AN h a 4LOL 5 1195 GRAND AVENUE W TRACT 12, PLAT X '° EV ON MI R O IL ER N OF THE `� Z � 1r .V-L::. McFADDIN SURVEY, AB. 165 H RRt N 918 H EL 3 OWNER: JERRY BROWN N TH a ? a 0 MAG N 3 T- K, FA DIN a a 90 a OC CLIENT: MINAS IOANNOGLOU G.F. NO.200zu833 8 � �G. b. I FOUND SR00 O� VO\\OQ� v Z pGp� �� s� `n F QP1L' \*m w LL to Z �f > z Q$ 1 w o m�3 z Q p O CD U�a CD m�-o NOW OR FORMERLY TRACT 25, PLAT X MARY G. VILLANUEVA VOL. 857, PG. 57 D.R.J.C. COVERED POINT OF BEGINNING SIDEWALK(CALLED N 88-24'00"W- SET ED 8.6 5) CAPPED TRACT ONE 8 TWO N 88'24'00" W - 85.65 IRON Roo FOUND IRON ROD ROD l9.1 M.I TRACT 12 YPLAT x 2-A.C. ONE STORY BRICK UNITS �3 AND WOOD FRANE HN- RE90ENCE ON SLAB `•� Z j 1195 GRAND O �p •- `• �.. 11.3 COVERED T CGNCRETE'. PATIO 90 � PARKING.' o I� FOUND I"HOLE ' x IN CONCRETE ¢ NN E .• on 2-A.C. W a P ❑ry UNITS OVERHEAD - ELECTRIC (Cq« "SQ;,,9", �0 cE 9462 �= 11.1 FOUND 5/8" C 9440)d IRON ROD ONCORD ROI �g co�eD NOTE: BUILDING IS OVER THE PROPERTY LINE WHERE SHOWN.