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Home My WebLink AboutPACKET JAN 13 2004 10*40. ;,21 M ` IL City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 13,2004 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 2-4/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for the property extending from the south side of Phelan to south of Calder and from west of Mathews and Pinchback to the east side of the DD#6 Amelia Cutoff Ditch 2. Consider approving a customer support agreement for the 800 MHz Trunked Communication System 3. Consider approving contracts for temporary personnel services 4. Consider approving the purchase of a 1,500 gallon per minute pumper truck COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Suzanne L. McClelland v Bradley Richard Beaulieu v City of Beaumont Claim of Leonard Marks Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. 1 January 13,2004 Consider approving a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for the property extending from the south side of Phelan to south of Calder and from west of Mathews and Pinchback to the east side of the DD#6 Amelia Cutoff Ditch ,... City o f Beaumont Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: January 13, 2004 AGENDA MEMO DATE: December 29, 2003 REQUESTED ACTION: Council consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)to GC-MD- 2(General Commercial-Multiple Family Dwelling-2)District for the property extending from the south side of Phelan to south of Calder and from west of Mathews and Pinchback to the east side of the DD#6 Amelia Cutoff Ditch. RECOMMENDATION The Administration recommends approval of a zone change from RM-H to GC-MD-2 District for the property extending from the south side of Phelan to south of Calder and from west of Mathews and Pinchback to the east side of the DD#6 Amelia Cutoff Ditch. BACKGROUND The multiple owners of these properties are requesting a zone change to GC-MD for the purpose of selling these properties for commercial development. Randall Creel, who is representing the property owners in this request,states that previous attempts to sell these properties with the RM-H zoning have been futile. However,no specific plans have been submitted. That portion of the subject property that is located between Phelan and Calder is abutted by GC-MD zoning to the east and west. On the north side of Phelan, the property is zoned RM-H but is commercially developed. Over the years, specific use permits have been granted to allow office uses. The subject property that is south of Calder is separated from the townhomes to the west by an 80' wide DD#6 drainage ditch and from the townhomes to the east by Pinchback Road. Apartments do abut a portion of the subject property along its southern boundary. Any commercial development would require an 8'tall wood screening fence and 10'wide landscape buffer along any adjacent residentially zoned property. The Comprehensive Plan designates this area as a"Community Center". So designated,uses such as community shopping centers, satellite health clinics,high schools, churches, office complexes, community recreational facilities and higher density residential development are appropriate. This rezoning request would conform to the Comprehensive Plan. Staff originally recommended approval of the zone change to GC-MD. However,staff concurs with the Planning Commission's recommendation. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held December 15,2003,the Planning Commission voted 9:0 to approve a zone change from RM-H to GC-MD-2 District for the property extending from the south side of Phelan to south of Calder and to leave the remainder of the requested property zoned RM-H District. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager,Public Works Director and the Planning Manager. A M&them and Pinchback to the east side of the DDN6 Amelia Cutoff Dkch Appikant: RandaH A.Cred 101 5 o/,/ ww, SX i -mo gmmo m Is mN an 1 . J.cao No a ------------- 1 . . '� ` J.000 NO 6 1 AMCl1A CUIOFI' - AMILIA dm..,. m CUIOFF < If 40 40 O `� Z� 1 MATTHEWS DRIVE r------------------------------------! t � f 1 1 ' I 1• 1 I r P' IC---------------------AD `---- ----- NCHBAC ROAD � ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY EXTENDING FROM THE SOUTH SIDE OF PHELAN TO SOUTH OF CALDERAND FROM WEST OF MATHEWSAND PINCHBACK TO THE EAST SIDE OF THE DD#6 AMELIA CUTOFF DITCH,BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property extending from the south side of Phelan to south of Calder and from west of Mathews and Pinchback to the east side of the DD#6 Amelia Cutoff Ditch, in the City of Beaumont, Jefferson County, Texas, as described on Exhibit "A", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13h day of January, 2004. - Mayor Evelyn M. Lord - Tract 2: BEGINNING at a galvanized pipe which marks the intersection of the North line of Calder Avenue and the West line of Matthews Street in the Charles 1�tlliaras Surrey. Beaumont,Calder Jefferson County,Texas,said pipe being located North 00• 19'30'East.a distance of 230.86 feet measured along the East line of and from the Southeast comer of the certain tract of and described in Vol.332,page 406,Deed Records,Jefferson County,Texas,said beginning comer being the Southeast comer of the tract herein described; THENCE North 001 19`30' East along-the West line of Matthews Street,-a distance of 571.20 feet to a galvanized pipe for comer in the South line of the abandoned Missouri Pacific Railroad Company right-of-way; THENCE South 80. 50' 30" West, along the South line of said right-of-way, a distance of 164.28 feet to a galvanized pipe for comer, THENCE South 000 19'-30"West,a distance of$30.69 feet to a galvanized pipe for comer in the North line of Calder Avenue;, THENCE South 84•SS'43"East,along the North line of Calder Avenue,a distance of 162.47 Ice tto the place of BEGINNING,containing in Area 2.049 acres of land,more or less. Tract 3: TRA�F9* EGINNING at an iron rod which marks the southeast comer of the tract herein desc ginning c omer also being the southwest comet of a tract of land heretofore conveyed the A.,J.Fiorenss,said beginning comer being located North 00 degrees 17 minutes and 12 seconds east,a distance of 60.20 feet from the comer of Tract one: THENCE North 85 degrees 56 minutes and 39 seconds West,along the north line of Calder Avenue,a distance of 12736 feet of an iron pipe for corner in the east line of the aforementioned Drainage District Tract; THENCE North 00 degrees 8 minutes and 34 seconds,EasL along the cast line of the Drainage District Tract,a distance 498.55 feet to an iron pipe for comer in the south line of the abandoned Missouri Pacific Railroad Company right-of-way; THENCE along the south line of said right-of-way along the arc of a curve,a distance of 130.16 feet to an iron pipe for comer at the northwest of the aforementioned Fiorenza Tract,the radius of said curve being 5,754.60 feet with a central angle of 01&grew 17 minutes and 45 seconds: THENCE South 00 degrees 17 minutes and 12 seconds We:t along the nest line of the Fiorenza Tract a distance of 528.61 feet to the place of beginning,containing in area, 1:505 acres of land, more or less. LESS AND EXCEPT THE FOLLOWING TRACT OF LAND: BEING a 0.135 acre tract of land in the C. Williams Surrey,Abstract No. 59 in Beaumont. Jefferson County,Texas and being out of those certain two tracts of land,the first being a 1.505 acre tract of land described as Tract No.2 in deed from Peter D Johnson to Mary Ann Fiorenza dated April 11. 1980 and recorded in Vol. 2227, Page 3S I of the Deed Records of Jefferson County.Texas and the second being a 2.049 acre tract of land described in deed from Nellie B. Brown to A.J.Fiorenza dated April 18, 1973 and recorded in Vol. 1779,Page 255 of the Deed Records of Jefferson County, Texas and said 0.135 acre of land being more particularly described by metes and bounds as follows: BEGr\Ni\G at the intersection of the East line of the Amelia Cut off drainage ditch(80 foot right of way)and the South line of that certain 50 foot right of way conveyed in deed from the Missouri Pacific Railroad Company to the City of Beaumont dated December 31. 1960 and recorded under the Count}Clerk's File No. 597774 in the Deed Records of Jefferson County•. Texas and locating the Northeast comer of that certain 40 foot wide strip of land described in deed from Grover Seagraves to the Jefferson County Drainage District No. 6 dated November 20,1961 and recorded in VOL 1288 Page 76 of the Deed Records of Jefferson County.Texas and also located the Northwest confer of said bfary Ann Fiorenza 1.505 aae tract of land and locating the Northwest corner of the tract of land herein described; and the beginning of: nontangen curve concave to the North having a radius of 5754.6 feet,having a central angle of 2, degrees 55 minutes 43 seconds and whose chord bears North 79 degrees 38 minutes 53 seconds EasL tXt1M I "A" THENCE in a Easterly direction along the South line of said 50 foot wide right of way conveyed by the Missouri Pacific Railroad to the City of Beaumont and along said curve an arc distance of 294.14 feet to the West line of btatthew•s Street and also locating the;northeast comer of said AJ.Fiorcnra 2.049 acre tract of land. THENCE South 0 degree of 06 minutes 30 seconds West along the West line Of Matthews Street and the East line a said AJ. Ftomnza 2.049 acre tract of land a distance of 20.44 feet to a 518• inch iron rod placed in the proposed South right of way line of Phelan Boulevard(100 foot right of way)and the beginning of a nontangen curve concave to the North and concentric to the South line of said 50 foot right of way conveyed by the :Missouri Pacific Railroad to the City of Beaumont,having a radius of 5774.6 feet having a central angle of 2 degrees 54 minutes 53 seconds and whose chord bears South 79 degree}40 minutes 59 seconds West: THENCE in a Westerly direction along the proposed South right of way line of said Phelan Boulevard and the arc of said curve an arc distance of 293.76 feet to a NE inch rod placed in the West line of said Mary Ann Fioretua 1.505 acre tract of land and the Eau line of said 40 foot wide strip of land described in deed from Grover Seagraves to Jefferson County Drainage District No.6: THENCE North 0 degree 5t minutes 24 seconds West along said Common line a distance of 20.2 feet to the place of beginning and containing 0.135 acres of land. 2 January 13,2004 Consider approving a customer support agreement for the 800 MHz Trunked Communication System tu7ej- City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: January 13, 2004 AGENDA MEMO DATE: January 7, 2004 REQUESTED ACTION: Council authorize the City Manager to execute a customer support agreement for the 800 MHz Trunked Communication System. RECOMMENDATION Administration recommends authorizing the City Manager to execute a one (1) year support agreement with Motorola, Inc. in the amount of$36,549.84. BACKGROUND In 2000,the City purchased an 800 MHz Trunked Communication System from Motorola,Inc. The initial purchase consisted of an infrastructure to support the City's communication network and more than 400 mobile and portable radios for the Police Department. Since the initial purchase,the City has increased the number of subscriber units to 267 mobiles, 364 portables and 14 control stations. The Clean Community Department along with the Water Utilities,Fleet Management,Animal Control Divisions and some Fire Department personnel have been added to the communication system. City Council recently approved the expansion of the system to facilitate a countywide communication network with Jefferson County. The City's share of the expansion cost is $250,000. The customer support plan provides for the following services: Dispatch Service - receives customer service requests, engages the appropriate service resource to address system issues and tracks all events through to resolution of the issue. An escalation process is included with each reported issue, providing notification to Motorola personnel at a predetermined time line to insure that each resolution is expedited. 800 MHz Tntnked Communication System Customer Support Agreement January 13, 2004 Page 2 Technical SupportService-offers technical assistance to the Motorola local service provider and City technicians. This service is available 7 days a week, 24 hours a day for Severity Level 1 events. A Severity Level 1 event occurs when a system failure causes the trunking function to cease, resulting in limited or restricted communications. This service covers the Smartnet site, system repeaters, consoles and conventional stations. Infrastructure Repair with Advanced Replacement Service - provides for overnight electronic board and component delivery for malfunctioning units. Malfunctioning boards are tested, analyzed, repaired and returned to either be reinstalled or used as inventory. Onsite Infrastructure Response Service-is provided by Motorola's local service provider with response time within 4 hours or less for Severity Level 1 events. This plan offers the critical services that the City needs to maintain the 800 MHz communication system at an adequate and responsible level. It does not include maintenance ofthe subscriber radios. They are maintained by City staff or are sent to Motorola for repair. BUDGETARY IMPACT The annual service agreement cost of$36,549.84 will be paid in quarterly increments. Funds are available in the following funds: Police Confiscated Goods Fund, $23,223.77;Water Utilities Fund, $7,759.53; Clean Community Fund, $3,600.16; General Fund, $1,966.38. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director 3 January 13, 2004 Consider approving contracts for temporary personnel services City of Beaumont • m. g Council Agenda Item I TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: January 13, 2004 AGENDA MEMO DATE: January 5, 2004 REQUESTED ACTION: Council consider award of a contract for temporary personnel services. RECOMMENDATION Administration recommends the award of an annual contract for providing temporary employees to Staffing Specialists Services and Cooper Group Staffing,Ltd. BACKGROUND Twelve(12)companies submitted bids on Thursday, December 11,2003, for an annual contract to provide temporary employees for positions of skilled and unskilled laborers, office clerks and secretaries. Temporary employees are necessary for various job positions throughout the City when vacancies occur due to medical leave, vacations, short term projects, etc. Currently, departments must requisition temporary employees through the Human Resources Department. Various employment agencies are contacted by Human Resources when a short term temporary is needed. Rates are determined at the time a temporary is requested. Specifications were developed for a annual contract to provide temporary skilled and unskilled laborers,office clerks and secretarial positions. An annual guaranteed price was requested per hour inclusive of wages,benefits, workers' compensation,taxes and agency fees. Contract for Temporary Personnel January 5, 2004 Page 2 Attached is a tabulation of the bids received. The apparent low bidders are Staffing Specialist Services for skilled and unskilled laborers and Cooper Group Staffing for office clerks and secretarial positions. Contract specifications provided for the award of the contract to more than one vendor if deemed advantageous to the City. The recommended agencies and their price bid per hour are as follow: Vendor Job Description Price per hour Staffing Specialists Services Skilled Laborer $10.74 Beaumont, TX Staffing Specialists Services unskilled Laborer $9.55 Beaumont, TX Cooper Group Staffing,Ltd. Office Clerk $7.80 Beaumont, TX Cooper Group Staffing,Ltd. Secretary $9.10 Beaumont, TX During the past fiscal year,approximately$47,000 was expended for temporary employees provided through various local agencies. The City expended approximately$300,000 for temporary positions hired directly through Human Resources. )BUDGETARY IMPACT Funds are available in each Department/Division's budget for temporary personnel. PREVIOUS ACTION None. SUBSEQUENT ACTION - None. RECOMMENDED BY City Manager, Central Services Director and Human Resources Director. 4 January 13, 2004 Consider approving the purchase of a 1,500 gallon per minute pumper truck 1U79J City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: January 13, 2004 AGENDA MEMO DATE: January 8, 2004 REQUESTED ACTION: Council consider the purchase of a 1,500 gallon per minute pumper truck. RECOMMENDATION Administration recommends the purchase of one(1)Lance 1,500 gallon per minute pumper truck for the Fire Department from Martin Apparatus,Inc.through the Houston-Galveston Area Council(H- GAC) in the amount of$366,151. BACKGROUND H-GAC is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with the state of Texas procurement statutes. The price of the truck includes an H-GAC administrative fee of$2,000. The aerial truck specified includes a 1,500 gallon per minute pump for pumping water and foam, 1,000 feet of five(5)inch fire hose, 1,000 feet of 1.75 inch fire hose, a 750 gallon water tank,a fifty (50)gallon foam tank,and an injected foam system. This truck will replace unit 7028, a 1982 Mack pumper located at Fire Station No. 3 which will be placed in reserve. Reserve unit 7022, a 1980 American LaFrance truck damaged in a recent auto collision,will be disposed in accordance with the City's surplus property disposal policies. Delivery of the truck will be in approximately six(6)months. The various components are warranted for specified time periods which are as follow: CabBodyCorrosion 10 years or100,000 miles Water Tank Lifetime Engine& Transmission 5 years or 100,000 miles Purchase of Fire Truck January 8, 2004 Page 2 All warranty service will be provided by Martin Apparatus and Equipment Company of Houston. BUDGETARY IMPACT Funds will be provided through a five(5)year financing agreement that will be awarded at a later date. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Fire Chief. t174 City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 13,2004 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Contessa Dickson would be reappointed to the Community Development Advisory Committee. The current term would expire August 27, 2005. (Councilmember Nancy Beaulieu) A) Authorize the City Manager to apply for Violence Against Women Act grant funding from the Office of the Governor- Criminal Justice Division B) Approve a resolution to allow Hibernia National Bank to pledge a security as collateral for City accounts C) Approve a resolution authorizing the acceptance of four(4)drainage easements off of Crow Road D) Authorize the City Manager to adopt the ICMA- RC (International City Managers Association-Retirement Corporation) model 457 plan document A C Ci of Beaumont Council Agenda Item A IL g TO: City Council FROM: Kyle Hayes, City Manager PREPARED: Tom Scofield, Chief of Police MEETING DATE: January 13, 2004 AGENDA MEMO DATE: January 7, 2004 REQUESTED ACTION: Authorize the City Manager to apply for Violence Against Women Act grant funding from the Office of the Governor- Criminal Justice Division to fund the Case Specialist position at the Beaumont Police Department Family Violence Task Force. RECOMMENDATION: Authorize the City Manager to apply for Violence Against Women Act grant funding from the Office of the Governor- Criminal Justice Division to fund the Case Specialist position at the Beaumont Police Department Family Violence Task Force. BACKGROUND: The Beaumont Police Department Family Violence Task Force has been in operation since 1998 and is a valuable resource for the citizens of Beaumont. Violence Against Women Act grant funding from the Office of the Governor- Criminal Justice Division has partially funded the Case Specialist position at the Beaumont Police Family Violence Task Force since 1999. BUDGETARY IMPACT: Cash match of 25% ( $8154) of the total cost of the program $32,615 ). PREVIOUS ACTION: The City Manager has been authorized to apply for this grant funding since 1999. Funding has been applied for and granted each year. SUBSEQUENT ACTION: None RECOMMENDED BY: City Manager and the Chief of Police. RECOMMENDED MOTION: Adopt the following resolution; WHEREAS, The Beaumont City Council finds it in the best interest of the citizens of Beaumont, Texas, that the Beaumont Police Department Family Violence Task Force be operated for the year 2004 and 2005; and WHEREAS,Beaumont City Council agrees to provide applicable matching funds for the said project as required by the Violence Against Woman Act grant application; and WHEREAS, The Beaumont City Council agrees that in the event of loss or misuse of the Criminal Justice Division funds, the Beaumont City Council assures that the funds will be returned to the Criminal Justice Division in full. WHEREAS, The Beaumont City Council designates City Manager as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE,BE IT RESOLVED that the Beaumont City Council approves submission of the grant application for the Beaumont Police Department Family Violence Task Force to the Office of the Governor, Criminal Justice Division. B t1791. C� of Beaumont Council A � K enda Item Agenda TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: January 13, 2004 AGENDA MEMO DATE: January 7, 2004 REQUESTED ACTION: Council consider a resolution to allow Hibernia National Bank to pledge the following security as collateral for City accounts which is held at the Federal Reserve Bank, effective January 6, 2006. Cusip No. Description Face Value Market Value PLEDGE: 313402CRR5 FNMA, 4.35%, Due 11/01/33 $ 1,000,000.00 $ 998,437.50 RECOMMENDATION The administration requests approval of a resolution to pledge the above listed security covering City deposits at Hibernia National Bank. BACKGROUND The City of Beaumont maintained uncollected ledger balances at Hibernia National Bank in the amount of$3,975,460.18 on January 6, 2004. After pledging the above security, the market value of pledged collateral totals$5,680,018.63 and along with FDIC coverage is sufficient to collateralize current deposits as well as any deposits anticipated in the near future. BUDGETARY IMPACT None. PREVIOUS ACTION Council approved a pledge of collateral by Hibernia National Bank on September 16, 2003. SUBSEQUENT ACTION Subsequent Council action will be requested to pledge or release additional collateral when appropriate. RECOMMENDED BY Finance Officer and Treasurer. RECEIVF-D JAN 0 6 2004 @HIBERNIA MEMBER FDIC January 2 , 2004 BEAUMONT, CITY OF P 0 BOX 3827 BEAUMONT, TX 77043-827 Dear Ms . Kandy Daniel : This letter is to inforal you of additional collateral which is being placed into your account at the Federal Reserve Bank, FV09 ABA #065000090 . Your new collateral is as follows : $1, 000 , 000 . 00 FNMA 4 . 350 11/01/33 31402CRR5 MV= 998, 437 . 50 TOTAL MARKET VALUE IS 998 , 437 . 50 Your receipts from the Federal Reserve Bank should be reaching you shortly. Since C VENE B ANT- EEKINS BANK PORTFOLIO DEPARTMENT (9I) HIBERNIA NATIONAL BANK POST OFFICE BOX 61540 NEW ORLEANS, LOUISIANA 70161-1540 • 504-533-3333 C ... City of Beaumont ~ Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: January 13, 2004 AGENDA MEMO DATE: January 6, 2004 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of four (4) drainage easements off of Crow Road. RECOMMENDATION The owners listed below have agreed to convey the following drainage easements to the City of Beaumont: 1. 2 (two) 20' wide drainage easements - A. 20' x 465' strip of land out of F. Bigner Survey [Tract 11 - 1.0 acre B. 20' x 117' strip of land out of F. Bigner Survey [Tract 2] - 1.2393 acres Owner: Hamlet Park, L. P. 2. 1 (one) 17' wide drainage easement - A. West 17' strip of land of certain 1.24 acre tract out of F. Bigner Survey - [4115 Crow Road] Owner: Stanley Plettman 3. 1 (one) 25' wide drainage easement - A. 25' x 236.26 tract of land out of F. Bigner Survey - [Pa rkdale Place Condominiums, Unit 2] Owner: Parkdale Place Condominiums Administration recommends acceptance of the easements. BACKGROUND The drainage easements are in conjunction with Drainage District No. 6's project to alleviate drainage problems on Crow Road near the Hamlet Apartments. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. \engdrainaQe crow-ib.wpd 6 January 2004 SUBJECT DRAINAGE EASEMENTS q OUT OF ❑DON F. BIGNER SURVEY ABSTRACT 1W W Q \ 3 � CELLIE (4115 CROW) Li w�wSTARD S �l4 OWNERS: - HAMLETT PARK L.P., r L r IAR ENNYS N I Ap FHL;R S [L�T ERL.NE i� �? STANLEY PLETTMAN, �� .RA�E.G .:�� I�T_^�a Q 1 COGLIDGE CT.EA�T PARKDALE PLACE �- w TA RowNI � BRA wn ch a x u FT TAF j; FINE CONDOMINIUMS [AR �oARBOR MILTON Y off l WOOD �n�n _SLED PN a �tTTI E41QOD � N� 'LN i LOCATION MAP LEGEND N.T.S. ® SUBJECT PROPERTY ar } S � � ri Q•_.x.14 /to froJ v EASEMENT so N an N MI O 5 C m 17' EASEMENT n W EASEMENT AV ° u N O � 9D v l 3 n a # 5 m � t E M 3n m a v 0 N.T.S. D 104W City of Beaumont r-3*1XIIN -3 EL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Marie A. Dodson, Human Resources MEETING DATE: January 13, 2004 AGENDA MEMO DATE: January 5, 2004 REQUESTED ACTION: Council consider granting the City Manager authority to adopt the ICMA - RC (International City Managers Association - Retirement Corporation) model 457 plan document. RECOMMENDATION Administration recommends that Council grant the City Manager authority to approve the adoption of the ICMA -RC model 457 plan document. BACKGROUND Currently, employees have the option to participate in the 457 deferred compensation plan which is a supplemental retirement plan administered by ICMA Retirement Corporation. Revisions to the 457 deferred compensation plan were issued by the Internal Revenue Service on July 11, 2003. An important change to the 457 plan was that terminating employees may now defer all or a portion of their accumulated sick pay,accumulated vacation pay and/or back pay,provided that such deferral does not cause total deferrals to exceed the dollar limitation for the year of deferral. In December 2003,the City of Beaumont received the final plan document from ICMA Retirement Corporation. BUDGETARYIMPACT No budgetary impact. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Human Resources Director. C:\OFFICE\WPWIN\WPDOCS\RETIRE.ALL\ICMA\councilICMA.wpd ATTACHMENT Cl: SUGGESTED AFFIRMATIVE STATEMENT A FOR AMENDING A DEFERRED COMPENSATION PLAN Name of Employer: State: Plan Number:3 0 As a duly authorized agent of the above named Employer, I hereby AMEND and restate the Employer's deferred compensation plan (the "Plan") in the form of: (Select one) 171 The ICMA Retirement Corporation Deferred Compensation Plan and Trust 171 The Plan and Trust provided by the Employer(executed copy attached hereto) SPECIFY that the assets of the Plan shall be held in trust,with the Employer serving as trustee("Trustee"), for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. Indicia of the Employer's beneficial ownership of Plan assets held in VantageTrust further shall be held for the exclusive benefit of the Plan participants and their beneficiaries; AND AFFIRM that the Employer hereby agrees to serve as Trustee under the Plan. Date (Title of Designated Agent) (Signature) If you adopt the ICMA-RC 457 model plan document without changes, there is no need to mail this affirmative statement to ICMA-RC. If you adopt your own individually designed plan document, mail this executed affirmative statement in the enclosed postage-paid envelope or to: ICMA Retirement Corporation Attention: New Business Analyst 777 North Capitol Street NE Washington, DC 20002-4240 19