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Home My WebLink AboutPACKET JUL 23 2002 �r C City o.f Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 23, 2002 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 2-9 * Consent Agenda GENERAL BUSINESS 1. Consider a request for an amended specific use permit to allow the expansion of the administrative offices for a home health care agency in an RCR (Residential Conservation and Revitalization) District at 2325 Liberty 2. Consider a request to abandon the 50' x 50' portion of Genoa Street located west of Elba Street 3. Consider a request to abandon the 20' x 50' alley between Lot 1 and Lot 12, Block 5, G. Cuchia Addition, located west of Elba Street 4. Consider approving a historical preservation loan for property located at 2394 Calder 5. Consider an ordinance authorizing the issuance of$30 million City of Beaumont, Texas, Waterworks and Sewer System Adjustable Rate Revenue Bonds, Series 2002 6. Consider approving a contract for the Wastewater Treatment Plant Electrical Improvements Phase I 7. Consider approval of a financing agreement for the purchase of fleet and heavy equipment 8. Consider approving a contract for improvements to McLean and Roberts Park 9. Consider an ordinance amending Ordinance No. 02-011 relating to the structure located at 3280 Christopher WORK SESSION * FY 2003 Budget COMMENTS • Councilmembers comment on various matters • City Manager's Report - EMS Standby Fees, Appraised Value Update, Sales Tax Update, On Line Auction, Web Page Update, Citizens Police Academy, Health Benefits Consultant Assistance, Track Meet Update, Strategic Action Plan • 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: Deborah Edwards v. City of Beaumont, et al Beaumont Firefighters' Local 399 • Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Manager and City Clerk 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 July 23, 2002 Council consider a request for an amended specific use permit to allow the expansion of the administrative offices for a home health care agency in an RCR (Residential Conservation and Revitalization) District at 2325 Liberty Cit y of Beaumont Council Agenda Item M EL TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: July 23, 2002 AGENDA MEMO DATE: July 16, 2002 REQUESTED ACTION: Council consider a request for an amended specific use permit to allow the expansion of the administrative offices for a home health care agency in an RCR (Residential Conservation and Revitalization) District at 2325 Liberty. RECOMMENDATION The Administration recommends approval of the request for an amended specific use permit to allow the expansion of the administrative offices for a home health care agency in an RCR (Residential Conservation and Revitalization)District at 2325 Liberty,subject to getting the necessary approvals from the Historic Landmark Commission and the Zoning Board of Adjustment. BACKGROUND Nancy Carlisle, owner of Quality Care Sitter Services, Inc., wishes to expand the administrative offices of her business at 2325 Liberty. Ms. Carlisle was granted a specific use permit for administrative offices in March, 1998. Since that time, she has found the need to add more office space. The proposal is for constructing a 17' 3 %" x 34' addition to the rear of the building. Additional parking will be provided as well. Because this property is in the Oaks Historic District, the Historic Landmark Commission must approve a Certificate of Appropriateness for the construction. Additionally, a variance to the rear yard setback must be approved by the Zoning Board of Adjustment. A 25'rear setback is required. A 17' rear setback is proposed. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held July 15,2002, the Planning Commission voted 7-0 to approve a request for an amended specific use permit to allow the expansion of the administrative offices for a home health care agency in an RCR District at 2325 Liberty, subject to getting the necessary approvals from the Historic Landmark Commission and the Zoning Board of Adjustment. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny an amended specific use permit to allow the expansion of the administrative offices for a home health care agency in an RCR District at 2325 Liberty, subject to getting the necessary approvals from the Historic Landmark Commission and the Zoning Board of Adjustment. ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF THE ADMINISTRATIVE OFFICES FOR A HOME HEALTH CARE AGENCY IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT AT 2325 LIBERTY, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on March 24, 1998, City Council approved Ordinance 98-25 for a specific use permit to Nancy Carlisle, owner of Quality Care Sitter Services, Inc., Beaumont, Jefferson County, Texas, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes; and, WHEREAS, the applicant, Nancy Carlisle, wishes to expand the administrative offices of Quality Care Sitter Services, Inc. at 2325 Liberty; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request to amend the Specific Use Permit; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Ordinance 98-25 be amended and an amended Specific Use Permit to expand the administrative offices of Quality Care Sitter Services, Inc., at 2325 Liberty is granted to GACG\ORDINANC\SPECUSE.DOC Nancy Carlisle, her legal representatives, successors, and assigns for that certain tract described in Exhibit "A" attached hereto and made a part hereof for all purposes. Section 2. That all conditions necessary for issuance of an amended specific use permit forthe above-described property in Beaumont, Jefferson County, Texas, in accordance with Section 30-26 and Section 30-40 of the Code of Ordinances of the City of Beaumont, as amended, have been met and such amendment is hereby granted, as amended to Nancy Carlisle, her legal representatives, successors and assigns, for that certain tract shown on Exhibit "A" attached hereto and made a part hereof for all purposes. Section 3. That the amended specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 4. Notwithstanding the site plan attached hereto as Exhibit"B",the use of the property hereinabove described shall be in all other respects, subject to all of the applicable regulations contained in Ordinance 98-25 and the regulations contained in Chapter 30 of the Code of Ordinances of the City of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23'day of July, 2002. - Mayor - G:1CG\ORDINANC\SPECUSE.DOC lr iIIR� IIt 1N N 1 ~ 1M 1 1,w lot I es I M `~ 4 f7 to 1 NTM 1 IljI N I of N� i FILE 1626-P: Request for a specific use permit to allow the expansion on the NORTH Z„ administrative offices for a home health care agency in an RCR (Residential Conservation Revitalization) District. ao �.--r SCALE Location: 2325 Liberty • Applicant: Nancy Carlisle, Quality Care Sitter Service, Inc. 1"-200' '$ tI to a n o r m /s to l/ tt 1J 1• to' N or t ►• >:. N n At is Js 11 t1 tJ N to K $ 0` » e CALDER AVE. 1 I• A O M I I I 7 I 1 • J t q 11 II II l 1 7 I I • J l I Q 11 N • II 1 N t/ p tJ N tl It 0 • M /l M /7 O • ' N d tt IJ N tl l g so BROADWAY 4�l 1 / !• !! 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Teas 77706 (409) 092-2550 Fas (109) 891-0066 - EXHIBIT "B" 2 July 23, 2002 Council consider a request to abandon the 50' x 50' portion of Genoa Street located west of Elba Street City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: July 23, 2002 AGENDA MEMO DATE: July 16, 2002 REQUESTED ACTION: Council consider a request to abandon the 50'x 50'portion of Genoa Street located west of Elba Street. RECOMMENDATION The Administration recommends approval of the request to abandon the 50'x 50'portion of Genoa Street located west of Elba Street. BACKGROUND Wallace L.Downs and Bill Tran,the owners of the adjacent properties,are requesting abandonment of this unimproved portion of Genoa Street. Mr.Downs states that he has been maintaining this area for 40 years. This request was sent to all interested parties. No opposition to this abandonment request was received. BUDGETARYIMPACT None. PREVIOUS ACTION At a Regular Meeting held July 15,2002,the Planning Commission voted 6-0 to approve the request to abandon the 50' x 50' portion of Genoa Street located west of Elba Street. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request to abandon the 50' x 50' portion of Genoa Street located west of Elba Street. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING THE 50' X 50' PORTION OF GENOA STREET LOCATED WEST OF ELBA STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a 50'x 50' dead-end portion of Genoa Street beginning at the west right-of-way line of Elba Street and continuing west a distance of 50'to a dead-end, containing 0.057 acres, more or less, Beaumont, Jefferson County, Texas, as shown on Exhibit "A" attached hereto, is hereby abandoned. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23d day of July, 2002. - Mayor - GAMORDINANCWBANDON to st�iy�i w 2 FILE 630-OB: Request to abandon the 50' z 50' portion of Genoa St. located west of NORTH ' Elba St. Applicant: Wallace L. Downs - ' SCALE V-2001 ,► i �. Iet - Ifs . ► .. f . I f ='( �•T �:�� 1 .� f�'t i tla Idr „ g ZAVALLA DR. _ a do 60 J75 A7 A7 SPS f0 • AV Jfs A7 Ad .Otte! At I♦ w: , Q( w Ali 3 � I I♦.,1 I) M /l /I t t N . N p f 7 • ♦ 1 1 / w '^ a 0 p A! M ALty w / -1.1. .� -,. w _ .I. . I QWIQIIfi010II♦ 7 ♦Il • l t I !/ em •.l► MAF/1' 1NI, /!/ O.A f ? I I ♦ l a r t1 .I., I�►Ci1L'I._i. I.I .I. .i .I .! I .II I I.i Sr I . + • , •�• I' 1l �tJ ! Ib $ SHELL ST. g In L k„ S le ” A �It /s�ISI Q /t 0 Af It MiQ/J/I ♦ ♦ ) f I • J l / l is IS 30 i /♦ a N tl Q M I M AI AI /1 N y N Q Q M M ♦ f 7 ♦ ♦ ♦ l � I C .6LLr r " ' $ HIGHLAND DR. z 140 AL01 a0 -10 A t! 30 41 t3 1 JO ♦! 43 10 10I SD !0 . 7 R r _ /• ♦, It « u .t « « s ,v , l/ t♦ ,r s ♦ • 'o 2 , / tL // M 1~.• • M M r • W a X a v as /l0 NO AryAo AM r > = N ll A « is . t � y t • ay1 I t M W I I / 4Z ♦ j 1 .� / . l . N j ' Y I � v• f a / _ • 4 k CUCHIA ST. i< a e n ♦ • s n 82 meusrA NO m w $ ? AUGUSTA ST. $ i A . 'N. B GENOA ST' Mu 19 4 S � Jar.JJ b j • It / 65 66J4 EXHIBIT "A" 3 July 23, 2002 Council consider a request to abandon the 20' x 50' alley between Lot 1 and Lot 12, Block 5, G. Cuchia Addition, located west of Elba Street City of Beaumont M OL Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: July 23, 2002 AGENDA MEMO DATE: July 16, 2002 REQUESTED ACTION: Council consider a request to abandon the 20'x 50'alley between Lot 1 and Lot 12, Block 5, G. Cuchia Addition, located west of Elba Street. RECOMMENDATION The Administration recommends approval of the request to abandon the 20'x 50'alley between Lot 1 and Lot 12, Block 5, G. Cuchia Addition, located west of Elba Street. BACKGROUND Bill Tran, the owner of the adjacent properties, is requesting abandonment of this 0.23 acre portion of an unimproved alley located west of Elba Street. The request was sent to all interested parties and no opposition to the abandonment was received. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held July 15,2002,the Planning Commission voted 6-0 to approve the request to abandon the 20'x 50'alley between Lot 1 and Lot 12, Block 5, G. Cuchia Addition, located west of Elba Street. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,CityManager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request to abandon the 20'x 50'alley between Lot I and Lot 12,Block 5,G.Cuchia Addition, located west of Elba Street. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING THE 20' X 50' ALLEY BETWEEN LOTS 1 AND 12, BLOCK 5, G. CUCHIA ADDITION, LOCATED WEST OF ELBA STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a 20'x 50' dead-end alley, beginning at the west right-of-way line of Elba Street and continuing west a distance of 50' to a dead-end, containing 0.23 acres, more or less, Beaumont, Jefferson County, Texas, as shown on Exhibit "A" attached hereto, is hereby abandoned. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of July, 2002. - Mayor - GACG\ORDINANC\ABAN DON w Iry - - — o w y FILE 629-OB: Request to abandon the 20' 150' alley between Lot 1 & Lot 12, Block NORTH 5, G. Cuchia Addition. Applicant: Bill Tran a SCALE . . _ 1"=200' 1. ZAVALLA DR. : 69 so it s so AS O W J1d Ia W ! ((i��v d[ Ct[e! r f » o, a( if w w D •� • I r A / N M t I 7 f l t , / f r AM p W W Af _ N 1f J!X h f!! n • n si lai•i�rif I f �� fir • , , / � . y . � ,v�.w/,� • r/• /e! f t P SHELL ST. R � S If J71t /l M Q/,N �; "If 7 t• a 1W IF 1IfKM11 a!l !! 0 f / f f • l t ! - /SO 'O f f X N JJ d i Jf A/ N /1 K b N O N N f I 7 f I • • f a '° ► '° � .0L � � r f HIGHLAND DR- it S / C ao -10 W-M SO tS 41 " 43 so JO SO JO f PJO 40 O /• J, Jf J/ ff F- W k M M » JI is 11 N fI r Ar f P f O » N � • ' • MP r.. f M I W • w y » » f 1 s , ,j ar Jr w 46 w x a AN /eo Afo > Q Jf JJ s A « Q as tr» AYM AIV 1AV q , W 1 M Z , f 4s 3 J 3 i .. J Y / I� bw • CUCHIA ST. N Q , _ _ 4 i • > _ _ ��`�� • N P � • � wuirrsr,� •sr � � n � JG7.Q7 4 � .� '� a °° 3 & / W f ,. • , t r , AUGUSTA ST: d eo a t A I I Z j :"' GENOA ST. _«ss� $ �T%7zs•�a n r • a • • >• •� !J • s 1z SJU.33 W 7J09 65 61 66 66.7. a EXHIBIT "A" = Z . 5 cl 4 July 23, 2002 Council consider approving a historical preservation loan for property located at 2394 Calder City o f Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: July 23, 2002 AGENDA MEMO DATE: July 15, 2002 REQUESTED ACTION: Council consider approval for a historical preservation loan for property located at 2394 Calder. (Oaks Historic District) RECOMMENDATION The Administration recommends approval of a historic preservation loan request in the amount of $31,879 for property at 2394 Calder. BACKGROUND Dr. Jerry Johnson,the property owner, wishes to renovate the house at 2394 Calder so that he can rent it out for a psychologist office. The dollar amount of the request is for$31,879. Work to be done to the house includes leveling the foundation,some exterior asbestos abatement and re- roofing. The house is one of three properties on the north side of Calder that are included in the Oaks Historic District. This property is not listed in the Survey and Preservation of Resources and Environment (SPARE). Dr. Johnson states that the house was built in 1915. BUDGETARY IMPACT The loan will come from the Historic Preservation Revolving Loan Fund. This loan fund consists of CDBG dollars. The rate of repayment will be approximately$442.76 for 72 months. PREVIOUS ACTION At a Public Hearing of the Historic Landmark Commission on July 8, 2002, the Commission voted 10-0 to approve a historic preservation loan in the amount of$31,879. SUBSEQUENT ACTION None RECOMMENDED BY City Manager, Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for Historic Preservation Loan monies in the amount of $31,879 for properties located at 2394 Calder. (Oaks Historic District) 5 July 23,2002 Council consider an ordinance authorizing the issuance of$30 million City of Beaumont, Texas, Waterworks and Sewer System Adjustable Rate Revenue Bonds, Series 2002 City of Beaumont Council Agenda Item A K g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: July 23, 2002 AGENDA MEMO DATE: July 16, 2002 REQUESTED ACTION: Council consider an ordinance authorizing the issuance of$30 million City of Beaumont,Texas,Waterworks and Sewer System Adjustable Rate Revenue Bonds, Series 2002; prescribing the terms and conditions thereof; providing for the payment thereof, making other provisions regarding such bonds and matters incident thereto; awarding the sale of the bonds; authorizing execution and delivery of a paying agent/registrar agreement, a liquidity agreement, a placement agreement and a remarketing agreement. RECOMMENDATION The administration requests approval of an ordinance authorizing the issuance of$30 million City of Beaumont, Texas, Waterworks and Sewer System Adjustable Rate Revenue Bonds, Series 2002; prescribing the terms and conditions thereof; providing for the payment thereof; making other provisions regarding such bonds and matters incident thereto; awarding the sale of the bonds; authorizing execution and delivery of a paying agent/registrar agreement, a liquidity agreement, a placement agreement and a remarketing agreement. BACKGROUND Frank Ildebrando of Dain Rauscher Incorporated, acting as placement agent, has recommended that the adjustable rate bonds be privately placed with J.P. Morgan Investment Management of New York. Adjustable rate debt offers flexibility of payout structure, reduced issuance costs and historically lower interest cost than fixed rate debt. The initial rate period and the interest rate will be set on August 27, 2002. Dexia Credit Local of New York will serve as the credit bank and liquidity agent and Financial Security Assurance, Inc. (FSA)will provide the bond insurance. The bonds will mature September 1, 2005 through September 1, 2023 with interest payable semiannually. Well Fargo Bank, Texas, N.A. will serve as paying agent/registrar. Delivery and receipt of the proceeds by the City is scheduled for August 29, 2002. Proceeds will be used to finance the expansion, repair, renovation and related improvements to the waterworks and sewer system. BUDGETARYIMPACT All debt and other expenses shall be incurred by the Water Fund which is supported by water and sewer revenues as generated through user fees. PREVIOUS ACTION A resolution was approved on June 4, 2002 to authorize the engagement of Orgain, Bell & Tucker, L.L.P. as bond counsel and RBC Dain Rauscher as placement agent for the above listed revenue bonds. SUBSEQUENT ACTION Subsequent Council action will be requested to approve the interest rate and the initial rate period on August 27, 2002. RECOMMENDED BY City Manager and Treasurer. RECOMMENDED MOTION Approve/Deny an ordinance authorizing the issuance of$30 million City of Beaumont, Texas, Waterworks and Sewer System Adjustable Rate Revenue Bonds, Series 2002; prescribing the terms and conditions thereof; providing for the payment thereof; making other provisions regarding such bonds and matters incident thereto; awarding the sale of the bonds; authorizing execution and delivery of a paying agent/registrar agreement, a liquidity agreement, a placement agreement and a remarketing agreement. 6 July 23, 2002 Council consider approving a contract for the Wastewater Treatment Plant Electrical Improvements Phase I City of Beaumont Nl =1ijalL Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joseph G. Majdalani, P.E., Water Utilities Manager MEETING DATE: July 23, 2002 AGENDA MEMO DATE: July 15, 2002 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a contract for the Wastewater Treatment Plant Electrical Improvements Phase I. RECOMMENDATION Administration recommends approval of a contract with Boyer,Inc.,Houston,Texas,in the amount of $1,982,981 to replace the existing loop feed electrical system for the main plant, providing transformers, motor control centers, motor control center buildings, switches, conductors and all appurtenances for a complete and operable system. Additional work shall be provided to include a motor control center and conductors for the chlorine contact basin, aeration ponds and the final effluent pump station. BACKGROUND The wastewater treatment plant was originally constructed in 1952 with plant upgrades in 1980, 1992 and 1997. The plant's major components for the electrical and control systems were generally installed in the original construction and have now reached their maximum useful life. The motor control centers, distribution panels and main service switchgear show signs of corrosion and it is increasingly difficult to attain replacement parts for the aging electrical equipment. The control system is no longer operable as originally intended, requiring a much more labor intensive and less consistent manual operation of the process. The primary goal of the project is to replace the loop feed electrical system for the main plant, transformers, motor control centers, switches and conductors to insure compliance with the Texas Natural Resource Conservation Commission permit limits under which the wastewater plant operates. BUDGETARYIMPACT Funds are available in the Water Utilities Capital Improvement Projects Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager, Public Works Director, and Water Utilities Manager. RECOMMENDED MOTION: Approve/Deny a resolution authorizing the City Manager to execute a contract for the Wastewater Treatment Plant Electrical Improvements Phase 1. wwtp-phaseI Freese 8 Nichols,Inc. BID TABULATION Consulting Engineers 4055 International Pkwy.#200 Fort Worth,TX 76109 Client City of Beaumont,Texas Boyer,Inc. Gulf Coast Electric Company,Inc. Crouch/KST Enterprises,LTD. Project Wastewater Treatment Plant Electrical-Improvements Phase 17 9318 Reid Lake 2005 Pecos St. 1106 Smith Road#100 Bid Date:July 1,2002 Houston,TX 77064 Beaumont,TX 77701 Austin,TX 78714 Project No.:BMT01431 # Quantity Unit Unit Cost Total Cast Unit Cost Total Cost Unit Cost Total Cost Provide modifications to existing electrical room in the main pump 1 station,including demolition of existing walls,installation of new walls,installation of new electrical equipment and all support work for a complete and operating system. 1 LS $297,000.00 $297,000.001 $265,175.00 $265,175.00 $520,830.00 $520,830.00 Provide miscellaneous electrical. Include all trenching,conduit,and 2 conductors for the site that are not explicitly designated in any of the other bid items. 1 LS $555,000.00 $555,000.00 $991,059.00 $991,059.00 $918,710.00 5918,710.00 Provide initial power to the digester building. Provide conduit, 3 primary and secondary conductors,switch and transformer for the digesters. 1 LS $150,000.00 $150,000.00 $49.108001 $49.108.00 $160,830.00 $160.83000 Provide conduit,conductors,motor control center and enclosures for 4 the aeration pond,chlorine contact building and the effluent pond station. Provide accessories to make it a complete and operating system. 1 LS $300,000.00 $300,000.00 $424,669.00 $424,669.00 $905.110.00 S905.110 00 Work by utility company. Include any fees that are required by 5 Entergy to provide primary metering,transformers,change in service,etc. 1 L J $24,462.00 $24,462.00 $24,939.00 $24,939.00 $28,525.00 $28.52500 6 For"Trench Safety",including development,design,implementation, and removal for the per linear foot price. LF =1000 LF $1/LF $1,000.00 =4.000 LF @$1/LF $4,000.00 '=15.100 LF na $1 1LF S1,5,100 00 TOTAL AMOUNT-BASE BID $1,327,462.00 $1,768,950.00 $2,649,105.00 ALTERNATE BID ITEM NO.1 Provide pre-cast concrete buildings for housing the motor control centers at the plant per the plans and specs. These buildings will 7 include motor control centers,HVAC,space for future control termination cabinets,and all accessories to provide a complete and working system. 1 LS $655,519.00 $655,519.00 $532,098.00 $532,098.00 5558,265.00 $558.265.00 TOTAL AMOUNT-ALTERNATE BID NO.1 $655,519.00 $532,098.00 $558,265.00 TOTAL AMOUNT BID BASE BID+ALTERNATE BID NO.1 $1,982,981.00 $2,291,048.00 $3,107,370.00 ALTERNATE BID ITEM NO.2 Provide stainless steel buildings for housing the motor control centers at the plant per the plans and specs. These buildings will 8 include motor control centers,HVAC,space for future control termination cabinets,and all accessories to provide a complete and working system 1 LS $823,822.00 $823,822.00 $633,252.00 5633,252.00 $785.900 00 $785,900.00 I TOTAL AMOUNT-ALTERNATE BID NO.2 $823,822.00 $633,262.00 $786,900.00 TOTAL AMOUNT BID BASE BID+ALTERNATE BID NO.2 $2,151 284.00 $2,392,202.00 1 $3,335,005.00 7 July 23, 2002 Council consider approval of a financing agreement for the purchase of fleet and heavy equipment .�. Ci ty of Beaumont M OL•� Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: July 23, 2002 AGENDA MEMO DATE: July 15, 2002 REQUESTED ACTION: Council approval of a bid for a financing agreement. RECOMMENDATION Administration recommends award of a bid for a five (5) year financing agreement with a fixed interest rate of 3.45% to Bank of America Leasing & Capital Group for the purchase of fleet and heavy equipment. BACKGROUND Five (5) bids were received for a fixed interest rate for financing the purchase of heavy and fleet equipment. The equipment includes two (2) Crafco AMZ Magnum spray injection patching machines, one (1) Caterpillar D6M dozer, one (1) Caterpillar 826G Landfill compactor, one (1) Gradall XL3100 4x2 Telescopic Boom Excavator, two (2) Elgin Street Sweepers, two (2) refuse collection trucks,two(2) 14 cubic yard dump trucks,and two(2)cab and chassis equipped with trash bodies and grapplers. The total cost of this equipment and the amount to be financed is $1,632,711.44. Bids were requested for a fixed interest rate to finance the total cost for five (5) years with the first annual payment in arrears. The five (5) bids received are as follow: Financing Agreement July 15, 2002 Page 2 Financial Institution Location Interest Rate Bank of America Leasing and Capital Group San Francisco, CA. 3.45% Banc One Leasing Corporation Corsicana, TX 3.64% Koch Financial Corporation Scottsdale, AZ 3.901% Wells Fargo Brokerage Houston, TX 4.179% Municipal Services Group, Inc. Littleton, CO 4.30% The equipment to be financed has been ordered and delivered to the City. As equipment is delivered during the year, payments are made in full. The lease purchase funding arrangement allows for reimbursement of these funds during the same fiscal year. BUDGETARY IMPACT An amortization schedule indicating the cost of the financing agreement is as follows: Payment No. Payment Amount Interest Principal Purchase Option 1 $382,870.92 $56,328.63 $326,542.29 $1,306,169.15 2 $371,605.19 $45,062.90 $326,542.29 $979,626.86 3 $360,339.47 $33,797.18 $326,542.29 $643,084.58 4 $349,073.74 $22,531.45 $326,542.29 $326,542.29 5 $337,808.01 $11,265.73 $326,542.28 -0- TOTAL $1,801,697.33 $168,985.89 $1,632,711.44 The City's Treasurer compared the cost of financing the equipment purchased to the cost of paying for the equipment in full. Financing the total amount of$1,632,711.44 through a lease purchase agreement will result in a net cost of$31,535. The first annual payment of$382,870.92 will be due one year after execution of the agreement. Financing Agreement July 15, 2002 Page 3 PREVIOUS ACTION The purchase of the equipment was authorized by City Council by Resolution Nos. 01-126,01-162, 01-238, 01-239, 01-267, 01-292, 01-293 and 01-294. SUBSEQUENT ACTION None. RECOMMENDED BY The City Manager and Central Services Director. RECOMMENDED MOTION Approve/Deny the acceptance ofa bid from Bank of America Leasing&Capital Group for a five(5) year financing agreement with a fixed interest rate of 3.45% for the purchase of various fleet and heavy equipment. INTER-OFFICE MEMORANDUM City of Beaumont, Texas Finance Department Date: July 12, 2002 To: Stephen J. Bonczek, City Manager From: Kandy Daniel, Treasurer Subject: Lease Purchase Financing COMMENTS The City has approved the purchase of heavy fleet and equipment costing $1,632,711 for which lease purchase financing is available. The lowest quoted interest rate is a fixed rate of 3.45%for 5 Years in arrears which was received from Bank of America Leasing &Capital Group to finance (Municipal lease Purchase) the purchase of the equipment. If the City invested the purchase price at our current yield we would earn $234,294. The cost of interest to finance the purchase of the equipment is projected at $168,986. Since we will be making annual payments on the lease purchase, we must factor in the annual payments as a reduction in the cash available for investment.As a result we would earn $137,451 over the term of the lease purchase which is a net cost of$31,535 and we would retain the use of our money for the length of the financing. Purchase out of current Net cost from investment of funds (loss of the use of current funds and Lease the funds) Purchase Financing ($234,294) $31,535 It is my recommendation that we use the Municipal Lease Purchase, which would allow us the flexibility of keeping an adequate fund balance even though it would result in a net borrowing cost of $31,535 on the purchase of a long term fixed asset relative to the payment schedule of the financing. 8 July 23, 2002 Council consider approving a contract for improvements to McLean and Roberts Park City of Beaumont t17_W9J-Wpf Council Agenda Item m TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: July 23, 2002 AGENDA MEMO DATE: July 17, 2002 REQUESTED ACTION: Council approval of the award of a bid for improvements to McLean and Roberts Park. RECOMMENDATION Administration recommends award of a bid in the amount of$327,278 to Little Tykes Commercial Play Systems,Inc.c/o All Play,Inc.for furnishing all labor,materials,equipment and tools necessary for improvements to McLean and Roberts Park. BACKGROUND Three (3) bids were received on Thursday, May 30, 2002, for furnishing all labor, materials, equipment and supplies for renovations to McLean and Roberts Parks. Improvements include repairs to existing shelters,ADA compliant curb ramps,landscaping,water fountains,playground equipment, and new picnic tables and benches at both parks. In addition,a water playground will be installed at Roberts Park. Upon completion, both parks will be meet ADA accessibility standards. The bids received for this project are as follow: Little Tikes Commercial Play Cogbill Construction G &G Enterprises Systems, Inc. c/o All Play, Inc. Vidor, TX Orange, TX Houston, TX McLean Park $119,332 McLean Park $112,876 McLean Park $128,400 Roberts Park $207,946 Roberts Park $217,239 Roberts Park $215,200 Total Base Bid $327,278 $330,115 $343,600 Improvements to McLean and Roberts Parks July 17, 2002 Page 2 The low bidder for improvements to both parks is Little Tikes Commercial Play Systems,Inc.c/o All Play,Inc. Bid specifications state that the contract will be awarded in total to one contractor for both parks. All Play, Inc. plans to subcontract 31% of the work to a certified Minority Business Enterprise. Completion of the project should be in 150 days after commencement. All Play, Inc. was awarded a contract in October 2001 for improvements to six (6) neighborhood parks. The City will be responsible for removing the existing wading pool, walkways, benches, and playground equipment prior to commencement of work. Roberts Park is located at 2755 Avenue C and McLean Park is located at 2255 Pecos. BUDGETARYIMPACT Funds are available for this project from various funding sources as indicated below: Funding Source Amount National Park Service, Urban Park and Recreation Recovery(UPARR) $200,000 Texas Parks and Wildlife $25,000 City of Beaumont - General Improvements Fund $25,000 Community Development Block Grant Funds $77,278 Total $327,278 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Works Director. RECOMMENDED ACTION Approve/Deny the award of a bid to furnish all labor, materials, equipment and supplies necessary for improvements to McLean and Roberts Parks in the amount of$327,278. 9 June 23, 2002 Council consider an ordinance amending Ordinance No. 02-011 relating to the structure located at 3280 Christopher t179f City of Beaumont M 11IT-111,11PRIM13M K, Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: John Labrie, Clean Community Department Director ] MEETING DATE: July 23, 2002 AGENDA MEMO DATE: July 15, 2002 REQUESTED ACTION: Consider an ordinance amending Ordinance No. 02-011 relating to the structure located at 3280 Christopher. RECOMMENDATION At the request of City Manager Stephen J. Bonczek, Administration recommends that the structure located at 3280 Christopher be removed from condemned status to allow a new owner to rehabilitate it. BACKGROUND This structure was brought before City Council on February 26, 2002 with staffs recommendation of a raze or repair order. A family member has now purchased this property and desires to rehabilitate the structure. BUDGETARY IMPACT City may incur the cost of demolition. PREVIOUS ACTION The Administration recommended and Council approved a raze or repair order for this structure on February 26, 2002. That order was not complied with and the structure became condemned. SUBSEQUENT ACTION If Council grants a time period for rehabilitation, staff will enroll the owner in a work program and monitor the progress of work. If the structure is not brought up to code or substantial progress is not made within the specified time period, the structure will be demolished without any further notification to property owner or Council action. RECOMMENDED BY City Manager and Clean Community Department Director. RECOMMENDED MOTION Approve/Deny the amendment of Ordinance 02-011 to allow the new property owner to enter a work program to rehabilitate 3280 Christopher. ORDINANCE NO. ENTITLEDAN ORDINANCE AMENDING ORDINANCE NO.02-011 TO REMOVE THE STRUCTURE LOCATED AT 3280 CHRISTOPHER FROM SECTION 4 OF ORDINANCE NO. 02-011 AND ORDERING THE NEW OWNER OF THE STRUCTURE AT 3280 CHRISTOPHER TO ENTER INTO A WORK PROGRAM TO REHABILITATE SAID STRUCTURE; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Ordinance 02-011, Section 4, be and the same is hereby amended by removing the structure located at 3280 Christopher from Section 4. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 10-2 and 14-52 of the Code of Ordinances of Beaumont, Texas and Section 103.4 of the Standard Building Code, it is hereby ordered that the owner or owners of the building located at 3280 Christopher enter into a work program for the repair and/or demolition of said property within five (5) days of the effective date of this ordinance. Should the owner(s) either fail or refuse to enter into a work program or fail or refuse to renovate and/or demolish the structure, the structure is hereby ordered to be demolished and removed by the City of Beaumont on the account of the owner(s) thereof without further notice to the owner(s). GAMORDINANC01apadated structures Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That any person who violated any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of July, 2002. - Mayor - GAMORDINANCQlapadated structures SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY CITY OF BEAUMONT 34. DATE REQUESTED February , 2002 WARD 3 ADDRESS OF INSPECTION 3280 Christopher ACCOUNT NO. 1000-100-7 CENSUS TRACT 1.03 OWNER 011ie Ruth Haynes ADDRESS 8438 Sunshine Ln CITY/STATE Riverside, CA 92508-7115 LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat 1 Land Value 1460 Block or Tract 1 Improvement Value 46500 Addition/Survey Alvin Total Value 47960 A. Fifty(50)percent deterioration of non-supporting members? YES X NO B. Thirty-three(33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. Initial Inspection Date June 7,1999 rrcr ��r�r: a �, va� .o ;o� +oica�. < TMAJOR CODE VIOLATIONS: The roof on this structure is showing deterioration. The fascia boards and soffits are rotted and will need to be replaced. There is a hole along the edge of the roof over the porch area. All damaged or rotten windows and window sills will need to be replaced. The exterior doors need to be replaced. The structure is locked and secured but was able to enter into the garage section. There is termite damage to the structure. The bottom plate on the foundation is rotten. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. There were numerous complaints during the summer time with overgrowth of shrubbery around the structure. There is a roll off storage box sitting on the property. Staff is recommending a raze or repair order for this structure. SEE ATTACHED PHOTOS Oft qm^W City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 23, 2002 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve a resolution supporting state legislation to allow Photographic Red Light Enforcement in Texas B) Authorize the acceptance of a water line easement providing access for fire prevention services C) Authorize the City Manager to settle liens against two lots identified as Woodlands Unit 5, L2 Block 6 and L3 Block 6 D) Authorize the City Manager to execute a contract with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds CONSENT AGENDA JULY 239 2002 * Committee Appointments Scott Parker would be reappointed to the Airport Advisory Committee. His current term will expire July 22, 2004. (Mayor Evelyn M. Lord) Scott Parker would be reappointed as Chairman of the Airport Advisory Committee. His current term will expire July 22, 2003. (Mayor Evelyn M. Lord) Randy Reece would be appointed as Vice-Chairman of the Airport Advisory Committee. His term would commence July 23, 2002 and expire July 22, 2003. (Mayor Evelyn M. Lord) Bob Harris would be reappointed to the Board of Adjustment(Zoning)Committee. The current term will expire July 22, 2004. (Mayor Evelyn M. Lord) Bob Harris would be reappointed as Chairman of the Board of Adjustment(Zoning)Committee. His current term will expire July 22, 2003. (Mayor Evelyn M. Lord) Mary Jowers would be reappointed to the Board of Adjustment(Zoning)Committee. Her current term will expire July 22, 2004. (Mayor Evelyn M. Lord) Mary Jowers would be reappointed as Vice-Chairman of the Board ofAdjustment(Zoning)Committee. Her current term will expire July 22, 2003. (Mayor Evelyn M. Lord) Dora Nisby would be reappointed as Chairman of the Library Commission. Her current term will expire July 22, 2003. (Mayor Evelyn M. Lord) Bill Faucett would be reappointed as Vice-Chairman of the Library Commission. His current term will expire July 22, 2003. (Mayor Evelyn M. Lord) Laurie Leister would be reappointed as Chairman of the Planning Commission. Her current term will expire July 22, 2003. (Mayor Evelyn M. Lord) Greg Dykeman would be reappointed as Vice Chairman of the Planning Commission. His current term will expire July 22, 2003. (Mayor Evelyn M. Lord) Carl Briggs would be reappointed to the Senior Citizen Advisory Committee. His current term will expire July 22, 2004. (Mayor Evelyn M. Lord) A) Approve a resolution supporting state legislation to allow Photographic Red Light Enforcement in Texas The Administration recommends approval of a resolution supporting legislation to allow Photographic Red Light Enforcement in Texas. Red Light running continues to be a significant problem in Texas and throughout the country, and is one of the highest causes of traffic fatalities. Studies indicate that 100,000 automobile crashes occur at intersections each year which result in approximately 89,000 injuries and more than 1,000 deaths. Photographic red light enforcement has been a proven technique for more than 40 years to address traffic signal disregard. Cities in 15 states utilize this type of enforcement and received positive results. Although the 77`h Texas Legislature failed to pass a house bill allowing Photographic Red Light Enforcement,the attached resolution would demonstrate that the City of Beaumont supports the passage of enabling legislation for photographic traffic signal enforcement in the 78`h Texas Legislature. A copy of the staff memorandum is attached for your review. B) Authorize the acceptance of a water line easement providing access for fire prevention services The Beaumont Independent School District has conveyed a ten-foot water line easement to the City of Beaumont. The easement will be used to provide exclusive access to the water lines and fire hydrants for the Ozen High School Campus located on Fannett Road. The Administration recommends approval of accepting the water line easement. A copy of the staff memorandum is attached for your review. C) Authorize the City Manager to settle liens against two lots identified as Woodlands Unit 5, L2 Block 6 and L3 Block 6 At the request of the owner, the Administration recommends that the liens be settled for$50 each and the lien removed from the properties to allow the owner to sell the properties. It is the Administration's understanding that a new home will be constructed on each of the lots being sold. In 1988, a lien in the amount of$378.96 was placed on each of the properties for the cost of abating overgrown weeds. The actual cost to abate the properties was $30.83 and $31.23. A copy of the staff memorandum is attached for your review. D) Authorize the City Manager to execute a contract with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds The Public Works Department was recently notified that the City is eligible to receive $313,023 in grant assistance from the State Public Transportation Fund(PTF). In FY 2002, the City received $524,863. These funds will help pay up to 50% of the City's share of FY 2003 operating expenses for the Beaumont Municipal Transit System. The amount of the grant is determined by a formula used in apportioning the PTF money among municipalities within a predetermined population range. The Administration recommends approval of this item. A copy of the staff memorandum and proposed agreement is attached for your review. A City of Beaumont �• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED: Tom Scofield, Chief of Police MEETING DATE: July 23, 2002 AGENDA MEMO DATE: July 16, 2002 REQUESTED ACTION: Consider a resolution supporting state legislation to allow Photographic Red Light Enforcement in Texas. RECOMMENDATION Administration recommends approval of the resolution supporting legislation to allow Photographic Red Light Enforcement in Texas. BACKGROUND Red light running continues to be a significant problem in Texas and throughout the country, and is one of the highest causes of traffic fatalities. More than 100,000 automobile crashes occur at intersections each year,resulting in approximately 89,000 injuries and more than 1,000 deaths. In addition, red light running costs the public an estimated $7 billion per year in lost wages, medical bills and damages. Research has found one of every three Americans has been injured, or know someone that has been injured or killed, in a red light running crash. A study conducted by the insurance institute for Highway Safety in four major urban areas identified running traffic controls accounted for 22 percent of all crashes. The same study shows that motorists are more likely to be injured in crashes involving red light running than in other types of crashes. Photographic red light enforcement has been a proven technique for over forty years to address traffic signal disregard. Cities in fifteen states utilize this type of enforcement and received positive results. Red light running violations have decreased at intersections with cameras by as much as 60%. Many cities have also seen decreases by as much as 43% in accidents resulting from red light violations at intersections with cameras. From 1992 to 1998 Texas experienced 663 deaths resulting from traffic signal disregard, which ranks fourth in the nation. Although the 77'' Legislature failed to pass the House Bill,this resolution would demonstrate that the City Council hereby support the passage of enabling legislation for photographic traffic signal enforcement in the 78`'Texas Legislature and encourage other local and State government officials to support this important issue. BUDGETARY IMPACT None unless the city would decide to implement Photographic Red Light Enforcement in Beaumont after passage of a state statute. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief of Police. RECOMMENDED MOTION Accept/Deny the Resolution supporting legislation to allow Photographic Red Light Enforcement in Texas. wrs�r July 9, 2002 City Council Gary A.Slagel Mayor John Murphy Mayor The Honorable Evelyn M. Lord Bob Townsend Mayor Tom Rohm City of Beaumont cu Wilsonepherd P.O. BOX 3827 Bob Nasser Beaumont,TX 77704-3827 Bill Ke[[ler City Manager Dear Mayor Lord: In the 77th Legislature the City of Richardson and numerous other cities across the state worked diligently to pass enabling legislation that would give cities the authority to implement photographic red light enforcement systems. As you may know, this legislation narrowly failed passage with two tie votes in the House of Representatives. As we prepare for the 78th Legislature, the City of Richardson will once again work to pass red light camera enabling legislation. During the last legislative session your city supported this effort and we again ask for your valuable assistance. Red light running continues to be a significant problem in Texas and throughout the country, and is one of the highest causes of traffic fatalities. More than 100,000 automobile crashes occur at intersections each year, resulting in approximately 89,000 injuries and more than 1,000 deaths. In addition, red light running costs the public an estimated $7 billion per year in lost wages, medical bills and damages. Research has found one of every three Americans has been injured, or knows someone that has been injured or killed, in a red light running crash. To better understand the number of red light running violations occurring at intersections experiencing heavy traffic in Texas, the City of Richardson conducted three photographic red light enforcement test sites in Richardson. We generally found that one vehicle was running a red light every two minutes during peak periods and every five minutes on an average daily basis traveling one direction at an intersection. Photographic red light enforcement has been a proven technique for over forty years to address traffic signal disregard. Cities in fifteen states utilize this type of enforcement and received positive results. Red light running violations have decreased at intersections with cameras by as much as 601/a. Many cities have also seen decreases by as much as 43% in accidents resulting from red light violations at intersections with cameras. Following the 77th Legislature, it was debated whether home rule authority would give cities the ability to implement a photographic red light enforcement system without enabling legislation. We requested an attorney general's opinion to clarify this matter. P.O.Box 830309 Richardson,TX 75083-0309 972-744-4100 Fax 972-744-5803 httpyhvww:cornet Page 2 July 9, 2002 General Cornyn's opinion stated cities can use photographic red light enforcement systems using a criminal penalty, but cities cannot use a red light camera system using a civil penalty. Cornyn indicates the legislature has clearly defined a red light violation under the current Transportation Code only as a criminal penalty. A red light camera system using a civil penalty seeks to regulate the same conduct already regulated by state law, and a city cannot prescribe a different punishment already established by state law. Implementing a red light camera system using a criminal penalty requires significant infrastructure improvements, reduces the number of violations that can be recorded, and also raises additional privacy issues because a photographic would be taken of the front of the vehicle. For these reasons, the City of Richardson believes cities should use red light camera systems with a civil penalty. Based on the staggering amount of damage caused by traffic signal disregard, the effectiveness of photographic red light enforcement, and the interest of residents, the Richardson City Council passed a resolution on June 24, 2002 supporting enabling legislation in the 78th Legislature that will allow cities to utilize photographic red light enforcement with a civil penalty. We encourage you to join us in this important effort by passing a similar resolution. Attached is additional information for your review. We included a facts and issues summary that provides further details on the red light running problem and a copy of the resolution passed by the City of Richardson. Also included in your packet is information on the 2002 Stop on Red Week, which is a week dedicated to raising the awareness about the dangers of running red lights. We encourage you to participate in the awareness campaign and we will send you additional information describing how your city can get involved. We look forward to working with you throughout the upcoming session in order to give cities the ability to use this effective enforcement technique. Please send us your resolutions supporting this legislative effort, and provide us a contact person in your city so that we can send updates on this campaign. If you have any questions or would like additional information, do not hesitate to contact David Morgan, Assistant to the City Manager, at(972) 744-4202. Sincerely, Gary A. Slagel Mayor ENCLOSURES cc; Richardson City Council Bill Keffler, City Manager Stephen Bonczek, City Manager RESOLUTION NO. 02-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHARDSON, TEXAS, SUPPORTING THE PASSAGE OF ENABLING LEGISLATION FOR PHOTOGRAPHIC RED LIGHT ENFORCEMENT IN THE 78TH TEXAS LEGISLATURE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the disregard of traffic signals cause over 100,000 accidents annually in the United States, of which 89,000 cause injuries and over 1,000 are fatal; and WHEREAS, from 1992 to 1998 Texas experienced 663 deaths resulting from traffic signal disregard, which ranks fourth in the nation; and WHEREAS, the City of Richardson conducted a photographic traffic signal enforcement test site during January and February of 1999, and found that one red light violation occurred every two minutes during peak traffic periods and a violation occurred, on a daily average, every five minutes; and WHEREAS, photographic traffic signal enforcement techniques have been used worldwide for over forty years; and WHEREAS, currently in the United States fifteen states have cities that utilize photographic enforcement and the statistics from these states show that the number of red light accidents and fatalities have been significantly reduced since these laws were enacted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHARDSON,TEXAS: SECTION 1. That the City Council recognizes that a traffic signal violation epidemic exists in the state of Texas; and recognizes that photographic traffic signal enforcement is a proven and effective method to address this problem. SECTION 2. That the City Council hereby supports the passage of enabling legislation for photographic traffic signal enforcement in the 78th Texas Legislature and encourages other local and State government officials to support this important issue. SECTION 3. That this resolution shall become effective immediately from and after its passage. Page 1 34384 DULY RESOLVED AND ADOPTED by the City Council of the City of Richardson, Texas, on this the 24th day of June ' 2002. CITY OF RICHA SON, TEXAS ST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY Page 2 34384 Photographic Traffic Signal Enforcement Facts and Issues In response to the growing problem of red light running throughout Texas, legislation will be proposed in the 2002 Session to give cities an additional enforcement tool. Experience in the fifteen states utilizing automated red light enforcement shows that it is an effective technique to significantly reduce red light violations and crashes caused by red light runners. The following information has been prepared in order to address the questions and misconceptions that have been raised regarding this legislation. 1. What is red light running? A violation occurs when a motorist enters an intersection and continues after a signal has changed to a steady red, unless directed by a traffic or police officer. Even making a legal right turn on a red light, requires a full stop prior to entering an intersection to make the turn. 2. Is red light running a big problem? Drivers who run red lights are responsible for an estimated 100,000 crashes each year in the United States, of which approximately 89,000 cause injuries and over 1,000 are fatal. From 1992 to 1998 Texas experienced 663 deaths resulting from red light running, which ranks fourth in the nation. A study conducted by the Insurance Institute for Highway Safety in four major urban areas identified running traffic controls accounted for 22 percent of all crashes. The same study shows that motorists are more likely to be injured in crashes involving red light running than in other types of crashes. Red light running is also an expensive problem. The total annual cost associated with red light running accidents in the United States is $7 billion. The general public recognize red light running as a problem. In a recent Federal Highway Administration poll 63 percent of Americans see someone running red lights a few times per week to one per day. An Insurance Institute for Highway Safety poll found that 91 percent of Americans feel red light running is dangerous. Another poll conducted by the Federal Highway Administration found that 2 out of 3 Texans see other drivers run red lights almost every day. 3. How often do drivers run red lights? In January and February of 1999 the City of Richardson conducted a photographic red light enforcement test-site on one approach of an intersection. The test showed that one vehicle was running a red light every two minutes during peak traffic periods and every five minutes on an average daily basis. Another study conducted over several months at an intersection in Arlington County, Virginia indicated that motorists frequently run red lights. On average, a motorist ran a red light every 12 minutes. 4. Who runs red lights? The Insurance Institute for Highway Safety created a profile of red light runners by studying driver behavior in Arlington, Virginia at an intersection equipped with a red light camera. The study compared red light runners to motorists who had an opportunity to run a red light but stopped at the intersection. As a group, red light runners were younger, less likely to use safety belts, had poorer driving records, and drove smaller and older vehicles than drivers who stopped for red lights. Red light runners were more than three times as likely to have multiple speeding convictions on their driver records. No gender differences were found between violators and drivers who did not run red lights. 719102 1 5. Isn't conventional police enforcement sufficient? Enforcing red light violations, particularly in dense urban areas by traditional means poses special difficulties for police, who in most cases must follow a violator through the red light to stop it. This is dangerous for other vehicles, pedestrians, as well as the officer. At some intersections, it requires two or more officers to effectively and safely detect and apprehend a red light violator. Many Texas police departments have initiated special programs to crack down on red light running and have found that such traditional means have had very little positive results on reducing the problem. There is no definitive explanation for the continued high level of non-compliance. Many Texas police departments do not have adequate resources to combat the problem. A city may have dozens to hundreds of signalized intersections that function 24 hours a day, 7 days a week. Human resources are inadequate to respond at a level that would produce the desired results. In addition, officers have other responsibilities to address crime problems and neighborhood issues that require their time and response. Traditional means of enforcement have resulted in very little decrease in violations while photographic systems have resulted in a 40-60 percent decrease. Although some people argue that police departments should increase personnel to combat this problem by utilizing fine money to hire more officers. However, this approach still relies on traditional methods of enforcement, which has not shown to be effective. In addition, many cities are not able to fill existing vacancies due to a lack of qualified officer candidates. Some police departments believe that only through lowering hiring standards could vacancies be filled, and this is not an acceptable solution. Creating new positions to be paid through fine money may not necessarily add police officers. 6. What safety benefits do red light cameras provide? Automated red light enforcement has proven to reduce red light violations and red light crashes. In the first six months red light violations decreased by 42 percent in Oxnard, California at intersections with automated red light enforcement and a 22 percent reduction in red light accidents citywide. Another study showed violations declined approximately 44 percent in Fairfax, Virginia after one year of camera enforcement. In Charlotte, North Carolina red light crashes were reduced by 38 percent overall at intersections utilizing cameras, with a reduction as much as 60 percent at some intersections. Howard County, a suburb of Baltimore, experienced a 57%drop in red light running at intersections with cameras after only five months of being installed. 7. How does a photographic traffic signal system work? There are many automated red light enforcement systems that provide an effective means to detect traffic signal disregard. One photographic red light enforcement system uses sensors to determine when a vehicle enters the intersection along with sensors that interface with the traffic light to determine if a violation has occurred. The equipment then records the violation in both image and data formats. Each violation generates two photos; one at the beginning of the violation and one as the vehicle leaves the intersection. Data of the location, date, time, speed, amber time and red time are stamped on each photo, A photograph is only taken if the sensor detects a violation. Other enforcement systems are also available that use multi-frame digital images to record a violation. These systems operate under the same guidelines as a photographic system described above. After the photographs and recorded data are reviewed by a trained police officer, a citation is sent to the owner of the vehicle. 7/9/02 2 8. Do red light cameras violate motorists' privacy? NO. The proposed Texas legislation requires the citation only show the rear view of the vehicle, not the occupants. In addition, driver information is not an issue with the proposed process. The registered owner is responsible, similar to a parking violation. Driving is a regulated activity on public roads. By obtaining a license, motorists agree to abide by certain rules - to obey traffic signals, for example. In addition, case law and legal analysis of automated enforcement have concluded that such systems do not violate U.S. Constitutional rights. Also, the ACLU has also stated they have no issue with this process. "Red light runners have no right to jeopardize others and then hide behind privacy claims. Public officials should be concerned with protecting innocent people from being killed or injured by red light runners rather than protecting the privacy of people who break the law" Brian O'Neill, President, Insurance Institute for Highway Safety. 9. What about the revenue? Will cities do this just to generate revenue for themselves or private contractors? Anytime a municipality passes an ordinance that attaches a fine to a violation, revenue could be generated. This would also be true with this process. The question is, "how much?" Careful consideration has been given with respect to the fine amount. The amount of fine must be commensurate with the severity of the violation. Red light running is a serious violation with serious consequences. The proposed Texas legislation sets base fines for the first offense not to exceed $75. Many cities charge up to $240 for some parking violations, with fines for parking in fire lanes averaging from $50- $155 in the major Texas cities. In addition, the fine amount should also be at a level that it's not so high that it discourages compliance with the legal process. Many cities contract with private providers to install and manage the citation mailing and billing process. As a result, 40 percent or more of fines received could be paid to the contractor. This option is usually utilized due to the volume increase in workloads with no increases given for personnel to process the program. Cameras are installed to modify driver behavior and save lives, not generate revenue. All existing states using camera enforcement report, a decrease in violations of 40 percent or better. As violations decrease, the number of citations and fines decrease in correlation. Revenue estimates in other states have generally been over exaggerated. This is due to the cost it takes to run the program, the cost of equipment and equipment maintenance, and the decrease in violations. The City of Charlotte, NC estimated revenue from their program would generate $4 million to $6 million during the program's initial year with $50 - $100 fines. Actual revenue generated was $1.06 million, with over $600,000 going to the contractor to pay for the operation and management of the program. 10. Are red light camera programs expensive? A red light camera costs approximately $50,000 per approach. Installation and sensors cost about $5,000 - $10,000. Some intersections may require multiple cameras resulting in installation costs as much as $150,000. A city may also have the option to lease a system or enter into an agreement to have an automated enforcement company to install and operate the system. These agreements vary depending upon the services and the system installed. Some 7/9/02 3 agreements allow vendors to retain a percentage of the fine amount, while other agreements establish a per citation charge from vendors between $25 and $100. 11. Do the cameras photograph every vehicle passing through an intersection? No. Automated red light enforcement systems are only activated when a driver runs a red light. The proposed legislation requires camera systems be exclusively used with traffic control systems. A municipality that uses a camera enforcement system for any other purpose could be subject to a penalty. 12. Does someone review the photographs before motorists are cited? Most jurisdictions adopt a process that utilizes police review of violations prior to mailing citations. 13. Does the American public support the use of red light cameras? The U.S. public strongly supports the use of red light cameras. A poll conducted by the Insurance Institute for High Safety revealed that nationwide, 66 percent of people polled said they favor the use of red light cameras. Another survey conducted by the Insurance Research Council found that 83 percent of residents in large cities support red light cameras. Also, a 1999 Louis Harris Poll found that 3 out of 4 people favor state and local authorities using intersection cameras to catch red light runners. 14. Do other states use red light cameras? The following states have legislation for automated traffic enforcement: Arizona, California, Colorado, Delaware, Georgia, Hawaii, Illinois, Maryland, North Carolina, New York, Ohio, Oregon, Tennessee, Utah, and Virginia. 7/9/02 q B VO%W 105 City of Beaumont qw_ Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: July 23, 2002 AGENDA MEMO DATE: July 8, 2002 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a water line easement providing access for fire prevention services. RECOMMENDATION The property owner listed below has conveyed a ten foot (10') water line easement to the City of Beaumont. This easement will provide mandatory access for fire prevention services. Ozen High School Campus out of J. W. Bullock Survey, Abstract 7 (Highway 124 aka Fannett Road) Owner: Beaumont Independent School District Administration recommends acceptance of the easement. BACKGROUND The easement is to be used to provide exclusive access to the water lines and fire hydrants for the school property named above. It would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny a resolution authorizing the acceptance of a water line easement providing access for fire prevention services. fire-ozen!jld c City of Beaumont •�• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 23, 2002 AGENDA MEMO DATE: July 16, 2002 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to settle liens against two (2) lots identified as Woodlands Unit 5, L2 Block 6 and L3 Block 6 for $50 each. RECOMMENDATION At the request of the owner, Administration recommends that the liens be settled for $50 each and the lien removed from the properties to allow the owner to sell the properties. BACKGROUND In 1988, a lien in the amount of$378.96 was placed on each of the properties for the cost of abating overgrown weeds. The actual cost to abate the properties was $30.83 and $31.23. The City stopped liens on property for weed abatement in March 1991. It is Administration's understanding that the purchasers will build a new home on each piece of property. BUDGETARY IMPACT The City will forego $657.92 of lien revenue and the two (2) new homes will generate a considerably larger amount of annual tax revenue when constructed. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. RECOMMENDED MOTION Approve/Deny a resolution authorizing the City Manager to settle liens on two (2) properties in the amount of$50 each. Woodlandssk.wpd July 16,2002 D City of Beaumont •�• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Mark Horelica, Transportation Manager MEETING DATE: July 23, 2002 AGENDA MEMO DATE: July 17, 2002 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a contract agreement with Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds. RECOMMENDATION Administration recommends approval of a resolution authorizing the City Manager to execute a contract with the Texas Department of Transportation for the City to receive grant assistance from the State Public Transportation Fund. BACKGROUND The Public Works Department was recently notified that the City is eligible to receive $313,023 in grant assistance from the State Public Transportation Fund (PTF). In fiscal year 2002 the City received $524,863. These funds will help pay up to 50% of the City's share of fiscal year 2003 operating expenses for the Beaumont Municipal Transit System. The amount of the grant is determined by a formula used in apportioning the PTF money among municipalities within a predetermined population range. A copy of the agreement is attached for Council's review. BUDGETARY IMPACT The funds help pay for 50% of the City's share of the FY2003 operating expenses for the Beaumont Municipal Transit System. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, City Engineer and Transportation Manager RECOMMENDED MOTION Approve/Deny a resolution authorizing the City Manager to execute a contract with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds. FY03PTF.CG 07/17/2002