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HomeMy WebLinkAboutPACKET JAN 25 2005 �� OPP ®11 City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 25,2005 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Glenn Bodwin would be reappointed to the Planning Commission. The current term would expire August 31, 2006. (Councilman.Audwin Samuel) Miriam.Johnson would be reappointed to the Convention and'Tourism Advisory Committee. The current term would expire December 2,2006. (Mayor Pro-Tem Becky Ames) George Crawford would be reappointed to the Convention and Tourism Advisory Committee. The current term would expire October 14, 2006. (Councilmember Nancy Beaulieu) Greg Wall,Architect,would be appointed to the Construction Board of Adjustment and Appeals. The term would commence January 25, 2005 and expire January 24, 2010. (Mayor Evelyn M. Lord) Sina Nejad, Engineer,would be appointed to the Construction Board of Adjustment and Appeals. The term would commence January 25, 2005 and expire January 24, 2009. (Mayor Evelyn M. Lord) Raymond Noak,Plumbing and Heating, would be appointed to the Construction Board of Adjustment and Appeals. The term would commence January 25, 2005 and expire January 24, 2008. (Mayor Evelyn M. Lord) Lee Acevedo, Electrician, would be appointed to the Construction Board of Adjustment and Appeals. The term would commence January 25, 2005 and expire January 24, 2007. (Mayor Evelyn M. Lord) Gene VanMeter-Electrician, would be appointed as an alternate to the Construction Board of Adjustment and Appeals. The term would commence January 25, 2005 and expire January 24, 2010. (Mayor Evelyn M. Lord) Tom Neild-General Contractor, would be appointed as an alternate to the Board of Adjustment and Appeals. The term would commence January 25, 2005 and expire January 24, 2010. (Mayor Evelyn M. Lord) R. D. Carrington would be appointed to the Martin Luther King, Jr. Parkway Commission. The term would commence January 25, 2005 and expire January 24, 2007. (Councilmember Lulu Smith) Rachel Hebert would be appointed to the Community Development Advisory Committee. The term would commence January 25, 2005 and expire January 24, 2007. (Mayor Evelyn M. Lord) Raymond Ambres would be reappointed to the Community Development Advisory Committee. The current term would expire December 18, 2006. (Mayor Evelyn M. Lord) Tracy Richardson, County Historical Commission, would be reappointed to the Historic Landmark Commission. The current term would expire January 15, 2006. (Mayor Evelyn M. Lord) Phillip Long, Architect, would be reappointed to the Historic Landmark Commission. The current term would expire August 31, 2006. (Mayor Evelyn M. Lord) Pat Avery would be reappointed to the Zoning Board of Adjustment. The current term would expire January 6, 2007. (Mayor Evelyn M. Lord) Reverend Frank Alegria would be appointed to the Community Development Advisory Committee. The term would commence January 25, 2005 and expire January 24, 2007. (Mayor Evelyn M. Lord) Justin Howard would be reappointed as an alternate to the Zoning Board of Adjustment. The current term would expire January 6, 2007. (Mayor Evelyn M. Lord) Sam Pullig would be reappointed as an alternate to the Zoning Board of Adjustment. The current term would expire January 13, 2007. (Mayor Evelyn M. Lord) Shaheen Farah would be appointed as Chairman of the Historic Landmark Commission. The term would commence January 25, 2005 and expire January 24, 2006. (Mayor Evelyn M. Lord) Bill Yoes, Attorney, would be reappointed to the Historic Landmark Commission. The current term would expire December 30, 2006. (Mayor Evelyn M. Lord) Bill Yoes would be appointed as Vice-Chairman of the Historic Landmark Commission. The term would commence January 25, 2005 and expire January 24, 2006. (Mayor Evelyn M. Lord) Frank Messina would be appointed as Chairman of the Convention and Tourism Advisory Committee. The term would commence January 25, 2005 and expire January 24, 2006. (Mayor Evelyn M. Lord) George Crawford would be appointed as Vice-Chairman of the Convention and Tourism Advisory Committee. The term would commence January 25, 2005 and expire January 24, 2006. (Mayor Evelyn M. Lord) Reverend David Robinson would be reappointment to the Martin Luther King, Jr. Parkway Commission. The current term would expire November 27, 2006. (Mayor Evelyn M. Lord) Brooks Goodhue would be appointed as Vice-Chairman of the Community Development Advisory Committee. The term would commence January 25, 2005 and expire January 24, 2006. (Mayor Evelyn M. Lord) A) Amend Resolution No. 04-282 changing compensation salary to$250 per session B) Amend Section 16-9 and 16-14 of the Code of Ordinances of the City of Beaumont related to the Beaumont Public Library System C) Approve the sale of City-owned surplus property D) Authorize the City Manager to execute a subordination agreement on a deferred payment loan for rehabilitation performed on a home located at 2355 San Jacinto Street E) Authorize the granting of a Pipeline License Agreement with Mission Resources Corporation to cross Helbig Road and Piney Point Lane F) Approve a resolution to allow Hibernia National Bank to pledge a security as collateral for City accounts G) Authorize the execution of a License to Encroach Agreement with Ohmstede Ltd., on the City's right-of-way on North Pearl, Hazel and North Streets for the installation of three (3) groundwater monitoring wells H) Authorize the acceptance of three (3) general utility easements and three (3) exclusive water line easements in the area of Fourteenth Street and Harrison Avenue A RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT THAT: WHEREAS, City Council adopted Resolution No. 04-282 on December 7, 2004, reappointing James D. McNicholas, Chief Magistrate of the City of Beaumont Municipal Court, establishing compensation of $300 for the first session and $200 for each successive session thereafter each week; and, WHEREAS, Resolution No. 04-282 reappointed Theodore Johns as City Magistrate for a two-year term establishing compensation at $200 per session; and, WHEREAS, compensation was established in error; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT James D. McNicholas, Chief Magistrate of the City of Beaumont Municipal Court, shall receive compensation of $300 for the first session and $250 for each successive session thereafter each week. BE IT FURTHER RESOLVED that Theodore Johns, City Magistrate of the City of Beaumont Municipal Court, shall receive compensation of$250 per session. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of January, 2005. - Mayor Evelyn M. Lord - . B City of Beaumont vo-ft I W Council Agenda Item U79 M � ' c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Maurine Gray, Director of Libraries and Recreation MEETING DATE: January 25, 2005 AGENDA MEMO DATE: January 13, 2005 REQUESTED ACTION: Council consider amending Sections 16-9 and 16-14 of the Code of Ordinances of the City of Beaumont. RECOMMENDATION: Administration recommends amending Section 16-9 of the City Code of Ordinances as follows: 1. A nonresident individual card at a cost of twenty-five dollars ($25.00) per year will entitle the holder to check out a maximum of five (5) items at any one time if otherwise allowed by existing library rules for each item. We currently allow four(4) items. 2. A nonresident family card at a cost of forty dollars ($40.00) per year will entitle the holder to check out a maximum of ten(10)items at any one time if otherwise allowed by existing library rules for each item. We currently allow 8 items. Administration recommends amending Section 16-14 of the City Code of Ordinances as follows: 3. Delete films and filmstrips as those are no longer circulated. 4. Change the loan period for compact discs to two weeks with one renewal for two weeks and add audio books to that line for the same circulation period. We currently allow three weeks only loan period. BACKGROUND The Beaumont Public Library System Branch Managers met and discussed things which would make the System better for our patrons. Several people have requested that these items be changed so that they can obtain more library materials. With nonresident cards,we increased the cost several years ago but did not increase the number of items allowed. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Director of Libraries and Recreation. c City of Beaumont rnr Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: January 25, 2005 AGENDA MEMO DATE: January 20, 2005 REQUESTED ACTION: Council approval of the sale of City-owned surplus property. RECOMMENDATION Administration recommends the sale of eight (8) parcels of City-owned surplus property. BACKGROUND Bids were received for the sale of City-owned surplus property. The legal description of each parcel is listed below: Parcel No. 1 Address: 725 Schwarner Street Legal: Charlton Pollard#3 Lot, Block 1 Zoning: RM-H-Residential Multi-family-High Density Acreage: 0.157 acre This property was acquired through a donation in 1995. Parcel No. 2 Address: 560 Schwarner Street Legal: McGovern Addition Lot 5, Block 3 Zoning: RM-H-Residential Multi-family-High Density Acreage: 0.174 acre This property was obtained for neighborhood revitalization. Sale of Surplus Property January 20, 2005 Page 2 Parcel No. 3 Address: 804 Schwarner Street Legal: City Plat,F, D. Brown A-5, Tract 14 Zoning: RM-H, Residential Multiple Family Dwelling-High Density Acreage: 0.150 acre This parcel of property was obtained for neighborhood revitalization. Parcel No. 4 Address: 1382 Lincoln Legal: Clay Morris Lots 6& 11, Block 1 Zoning: RM-H Residential Multiple Family Dwelling-High Density Acreage: 0.465 acre This parcel of property was obtained through a Sheriff's sale. Parcel No. 5 Address: 920, 926, 940,944,950,958, 960 Lincoln Street Legal: Herring Addition, Lots 189 and 190, Block 18 Zoning: RM-H Residential Multiple Family Dwelling-High Density Acreage: 0.344 acres This property was obtained for neighborhood revitalization. Parcel No. 6 Address: 1020 Lincoln Street Legal: Herring Addition C50 Lots 199& 200, Block 19 Zoning: RMH-Residential Multiple Family Dwelling-High Density Acreage: 0.114 acres This property was obtained for neighborhood revitalization. Sale of Surplus Property January 20, 2005 Page 3 Parcel No. 7 Address: 1875 Irving Legal: Charlton Pollard#3, Lot 2, Block 1 Zoning: GC-MD General Commercial Multi-Family Dwelling Acreage: 0.147 acres This property was donated to the City in 1995. Parcel No. 8 Address: 2210 Fillmore Legal: Pinecrest Addition, Lots 11 & 12, Block 81 Zoning: RM-H Residential Multiple Family Dwelling-High Density Acreage: 0.287 acres This property was obtained for neighborhood revitalization. The highest bids received for each parcel are listed below: Description Bidder's Name Bid Parcel No. 1 ExxonMobil Oil Corporation $1,000.00 Parcel No. 2 ExxonMobil Oil Corporation $1,000.00 Parcel No. 3 ExxonMobil Oil Corporation $1,000.00 Parcel No. 4 ExxonMobil Oil Corporation $8,000.00 Parcel No. 5 ExxonMobil Oil Corporation $2,000.00 Parcel No. 6 ExxonMobil Oil Corporation $1,000.00 Parcel No. 7 ExxonMobil Oil Corporation $1,000.00 Parcel No. 8 Melvin Savoy, Sr. $500.00 TOTAL $15,500.00 Only one bid was received for each parcel of property listed. Maps indicating the location of each parcel are attached. Sale of Surplus Property January 20, 2005 Page 4 BUDGETARYIMPACT Payments to the City for this property will be deposited in the General Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and Internal Services Director. EXHIBIT A SUBJECT j x SALE OF SURPLUS PROPERTY EMMETT Q L3 LA�GH��R❑ AL M z z BUF❑RD z = RAIG v CUNIFF S E z IR A H K J ~ AM R = PARCEL # 51 FA >- z AC N P WELL ¢ S HW RN R UN ER SCH f ER � w p LL z PQ c �z DE o- z � Li < o VILLENEU —° Y p Q RED RICK V RN INC❑ N � U ARY ¢ w > G LA S N z U a 725 SCHWARNER FL❑ EISY o > zSHERMAN Q K1,04 ER Y Q BRAD EY T CHARLTON POLLARD #3 z J pQ < ❑RTE LOT 1, BLOCK 1 LIVA J AN ❑ �Iw p D❑ >- MADI ❑N ° Y = Y z AR BEL A o w Q w ¢ 11VAN I BU EN J Q I I f I w } LOCATION MAP LEGEND N.T.S. SUBJECT PROPERTY i x POWELL 60.01' .n 0.157 ao ACRES N N 60' SCHWARNER N.T.S. C:\Eddie\Parkslsurplus property sale\property sale 2003.dwg,51,11/3/2004 10:59:02 AM EXHIBIT B SUBJECT SALE OF SURPLUS PROPERTY cor Q LA GH M BUF❑RD � 90 0c,11RD AL v CUNIFF CL rL = RAIG p W J z IRMA > ¢ M AM R 0 FAY � _ ACf S N W PARCEL # 109 UN ER z Sc H A !ER ¢ S w LL z Q �z E o Z W _ ❑ V LENEU LL O REDE RI M GOV INC❑ N ARY z ¢ W > LA z u MM FLO ERSY o > a z SHERMAN Y ¢BRAD 560 SCHWARNER LYLE ¢ Q ❑R ER ❑ McGOVERN ADDITION B❑LIVA > S ANT❑ LOT 5, BLOCK 3 J } MADI ❑N ° Y = Y z AR ABEL A o o w ¢ W Q VAN BU EN z r W W z w IL u Q o FULT❑ 2 LOCATION MAP LEGEND N.T.S. SUBJECT PROPERTY x .SCHWARNER 53.3' z 0 "' zQ N 0.174. c,i /ACRES/--I 53.3' N.T.S. C:\EddielParks\surplus property sale\property sale 2003.dwg,109,11/1/2004 1:34:40 PM EXHIBIT C SUBJECT SALE OF SURPLUS PROPERTY EMMETT ° LA GH M z z BUF❑RD ROYAL CUNIFF >- RAIG c') 7 , W S EWA IR A � sH M c ~LA R = PARCEL # 180 FA >- z JAC S N POWELL ¢ S HW RN R ER z SC H A t _R W ° 0' L DE a Z W < VILLENU Q RED RICK M G❑ N NC❑ N U LA S N MARY ¢ ¢ > GRAN � Z Li U � EICY Cq — 804 SCHWARNER STREET FLO ERs o > n z SHERMAN BRAD EY Q 7s, ❑R ERX Q— ❑RTE TAG❑ CITY PLAT F, D.BROWN A-5 z °Q = — BUR TRACT 14 A > AN ° �W ° D❑u E J Ly Li MADI ON f Y Y z AR BEL A Q W ¢ VAN BU EN � � W r LEGEND LOCATION MAP N.T.S. SUBJECT PROPERTY POWELL 60' r U.1 J J Q ,., 0.150 �o z =ACRES — Q — U N 60' SCHWARNER N.T.S. C:\Eddie\Parks\surplus property sale\property sale 2003.dwg,180,11/1!2004 1:35:53 PM EXHIBIT D SUBJECT L7 _ BUF❑RD _ x SALE OF SURPLUS PROPERTY CUNIFF r Y wS EWART K � ~ AM R z 0 EDWELL J a S H J ER � o VILLENEU ° p Q PARCEL # 53 ❑V RN INCO U z w > GRA > aW Z SHERMAI w --i Q�BRA OR TER Y Q— AG❑RE> °— BURT S ANT❑ �w o � 1382 LINCOLN STREET/ D❑U ET E GRANT STREET DI ON Y CLAY MORRIS LOTS 6 & 11, VAN Bu EN Q BLOCK 1 FULT❑ = yr LEE K C S RY LOCATION MAP LEGEND N.T.S. SUBJECT PROPERTY } LINCOLN 48.22' irk zi 0.138 ACRES zo 0.327 ACRES in in 61' GRANT N.T.S. C:1EddielParkslsurplus property sale\property sale 2003.dwg,53,11/12004 1:33:17 PM EXHIBIT E SUBJECT GHP M z z z BUF❑RD � z � SALE OF SURPLUS PROPERTY AL CUNIFF >- a; Li S -EWART w ~ AM R A � SH M K J J 0 } w JAC S N POWELL w -j Z z Sc H A ER ¢ S H RN R o Lii Q �z -'.,oz LEE - � PARCEL # 85 REDE RI K M GGV N INC❑ MARY LA S N ¢ a GRANT N � U FL❑ ERS o Z SH AN Q ❑R -� ¢ BRAD EY TAG❑RE z =OJ oQ w ❑RTE BURT Q S ANT❑ �w o 920, 926, 940, 944, � D❑u ET 950, 958, 960 LINCOLN r MADI ❑N ° Y Z AR¢ BED A VAN BU -J ¢ � HERRING ADDITION LJ l-- EN w LOTS 189 AND 190 BLOCK 18 LT ¢ a- FULT❑ LEE LEE K S RY PR I IE- LOCATION MAP LEGEND N.T.S. SUBJECT PROPERTY LINCOLN 150' o ° L0 m Z o - - - ACRES 0 m C) L0 m 150' N.T.& C:1EddWParkslsurplus property sale\property sale 2003.dwg,85,1111=04 1:34:01 PM EXHIBIT F SUBJECT i M z z BUF❑RD L SALE OF SURPLUS PROPERTY � C4 CUNIFF r � EWART ' GI) SH M K p~LAM R = Li JA C S N POWELL w -� z SCH !A !ER S Hew RN o rt -jz DE z �z o VILLE U ° p Q PARCEL # 86 RICK M G❑V RN INC❑ N U ARY N ¢ ¢ GRANT u FLOWERS I > z SHERMA w Q ❑R ER` AD ❑RTE TAG❑RE> pQ w BURT S AN ❑ �w p Li 1020 LINCOLN STREET D❑U ET E Li HERRING ADDITION AR BEL A MADI ON p g p Q VAN BU EN w Q C 50' LOTS 199 d 200, = BLOCK 19 Q a- FULT❑ Li z LEE LEE S RY 11—R IE " LOCATION MAP LEGEND N.T.S. SUBJECT PROPERTY x LINCOLN /5 0' w o 0 IL Lc) L0 _ 0.114 _ ACRES 0 0 LO ul) 50' N.T.S. QkEddielParkslsurplus property saWproperty sale 2003.dwg,86,11/1120041:34:09 PM EXHIBIT G SUBJECT d SALE OF SURPLUS PROPERTY EM ET ¢ LA CH M z 'A R❑ AL z Z BUF❑RD CL/ L3 = RAIG v ? CUNIFF r � Lj S C4 z IRMA j cL H K ~ AM R = PARCEL # 61A FA r w JAC N P❑W LL UN ER v' z SCH A ER a S HW RN R w ❑ LL W ¢ VILLENEU o z a n d �O ¢ RED RICK ARM V RN INC❑ N U > LA N ¢ G z u a. 1876 IRVING FLO EI SY a > z SHERMAN u -j �BRAD .EY CHARLTON POLLARD #3 E z o OR ERY ¢— ❑RTERT LOT 2, BLOCK 1 LIVA J S ANT❑ ELY W ° D❑ MADI ON L' w Y ELI z AR BEL A Y 0 w Li ¢ � VAN BU EN Q _ w } LEGEND LOCATION MAP N.T.S. SUBJECT PROPERTY l POWELL z 105.70' C9 0.147 L C) ACRES o •o 106.87' SCHWARNER N.T.S. SUBJECT WILLIAMS q = AUGHN SALE OF SURPLUS PROPERTY E. LUCAS TY ER M FR—[1E = z IVE CREST F TRINIDA TA L❑R W Z w PARRY S o N is cc >3 PARCEL # 124 —. LEM❑N w w ❑RE ° mz � rL ca d G N PEMBROK z w ~ P C w B� NP P LA SA LEa z o w BU HA W 2210 FILLMORE C1 SON aLYNNW❑OD� ❑ NSnnN GILL 7�LBAV PINECREST ADDITION 3 HAYES 3 AL LOTS 11 do 12, BLOCK $1 } HYBR❑❑ ? UTIC w o A THU �❑VERBRO K TOLE ❑ z z z z w _ ID LEIGH ° �A TAFT IVES > z PAU IN LOCATION MAP LEGEND N.T.S. SUBJECT PROPERTY x 50' 26.4' I N cP 0.287 m ACRES N I 5 0' I 56.4' POPE N.T.S. C:\Eddie\Parks\surplus property salelpmperty sale 2003.dwg,124,11/l/2004 1:35:18 PM D 1~...P.. City of Beaumont �• Council A EL genda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Janett Lewis, Housing Mana er! MEETING DATE: January 25, 2005 AGENDA MEMO DATE: January 19, 2005 REQUESTED ACTION: Council consider authorizing the City Manager to execute a subordination agreement on a deferred payment loan for rehabilitation performed on a home located at 2355 San Jacinto Street. RECOMMENDATION The Administration recommends that City Council authorize the City Manager to execute a subordination agreement on a deferred payment loan for rehabilitation performed at the home of Ms. Lorena Jordan, located at 2355 San Jacinto. Ms. Jordan is seeking to refinance her home and would like the City to take the second lien position. BACKGROUND Ms. Jordan placed her home in the city's Home Rehabilitation program in May, 2000, at which time a lien was placed on the property for a period of five (5) years. The lien requirements will be fulfilled in May 2005. Ms. Jordan is seeking to refinance her home and would like the City to allow Hibernia National Bank to assume the 1" lien position. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, Planning Manager, Housing Manager. SUBORDINATION OF DEED OF TRUST TO DEED OF TRUST LIEN p Date: January Subordinated Deed of Trust Date: May 26, 2000 Grantor: Lorena Jordan Beneficiary: City of Beaumont-Cash Management Office Trustee: Stephen J. Bonczek Original Principal of Note Secured: $8,500.00 Recording Information: County Clerk's File No. 2000037658, Official Public Records of Real Property, Jefferson County, Texas Superior Deed of Trust Date: January 41 2005 Grantor: Lorena Jordan Beneficiary: Hibernia National Bank Trustee: Recording Information: County Clerk's File No. , Official Public Records of Real Property, Jefferson County, Texas Note Secured by Superior Deed of Trust Date: January , 2005 Maker: Lorena Jordan Payee: Hibernia National Bank Original Principal: $20,000.00 Property: Lot Number Four (4), Block Nine (9), CARTWRIGHT ADDITION to the City of Beaumont, Jefferson County, Texas. The undersigned is the owner and holder of the subordinated deed of trust and the Beneficiary of such subordinated deed of trust. Hibernia National Bank is the owner and holder of the superior deed of trust and the note secured by the superior deed of trust. In return for a valuable consideration, Beneficiary of the subordinated deed of trust subordinates its liens and all of Beneficiary's rights against the property to the deed of trust lien created against the property in the superior deed of trust, now held by Hibernia National Bank. The subordinated deed of trust lien will remain subordinate to the superior deed of trust now held by Hibernia National Bank regardless of the frequency or manner of renewal, extension, change, or alteration of the note secured by the superior deed of trust. � SIGNED this day of January, 2005. CITY OF BEAUMONT I V By: Kyle Hayes Its: City Manager STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me the g day of January, 2005 by Kyle Hayes, City Manager of City of Beaumont. Aid io� °4o GEARL LYNN HALL * x Notary Public +a STATE Of TEXAS � My Comm,Exp.04-02.2005 NOTARY PUBh1IC, STATE OF TEXAS AFTER RECORDING RETURN TO: E ...... Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: January 25, 2005 AGENDA MEMO DATE: January 19, 2005 REQUESTED ACTION: Council consider a resolution authorizing the granting of a Pipeline License Agreement to Mission Resources Corporation to cross Helbig Road and Piney Point Lane. RECOMMENDATION Mission Resources Corporation has requested permission to install an 8-5/8 inch pipeline across Helbig Road and Piney Point Lane. The pipelines are for the purpose of transporting gas, water and condensate and will be constructed in accordance with City requirements. Administration recommends authorization to grant a Pipeline License Agreement. BACKGROUND None. BUDGETARY IMPACT There is a one-time fee of$500 for the Pipeline License Agreement and an annual fee of$270 which represents $2.25 per linear foot of pipeline crossing the 60 foot right-of-way of Helbig and the 60 foot right-of-way of Piney Point. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager, Public Works Director and City Engineer. Engmission_p iney-point-ib.wpd January 19,2005 U ` Vif �l R 70 4 1 ~ II 11 5 r op � r gw, •• �� I"P.3 I City of Beaumont _ � Council Agenda Item .A I g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: January 25, 2005 AGENDA MEMO DATE: January 20, 2005 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 19, 2005. Cu9p No. I3escn ti on Face Value Market Value PLEDGE: 31406FYA3 FNMA,Due 12/01/34 $ 1,500,000.00 $ 1,510,781.25 RECOMMENDATION The administration requests approval of 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$3,837,206.70 on January 19,2005. After pledging the above security,the market value of pledged collateral totals$6,289,745.07 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 28, 2004. SUBSEQUENT ACTION Subsequent Council action will be requested to pledge or release additional collateral when appropriate. RECOMMENDED BY Finance Officer and Treasurer. G City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: January 25, 2005 AGENDA MEMO DATE: January 20, 2005 REQUESTED ACTION: Council consider a resolution authorizing the execution of a License to Encroach Agreement with Ohmstede Ltd., on the City's right-of- way on North Pearl, Hazel and North Streets for the installation of three (3) groundwater monitoring wells. RECOMMENDATION The groundwater monitoring wells will be installed by Ohmstede Ltd. The license will cover the wells at the following locations: PMW-22 encroaching onto the City's right-of-way, two hundred (200) feet west of the intersection of Hazel Avenue and North Main Street and five (5) feet south of the edge of pavement of Hazel Avenue. PMW-23 encroaching onto the City's right-of-way, sixty (60) feet east of the intersection of North Pearl Street and North Street and five (5) feet north of the edge of pavement of North Street. PMW-17 encroaching onto the City's right-of-way, two hundred twenty five(225) feet south of the intersection of Harrison Avenue and North Pearl Street and ten (10) feet west of the back of curb of North Pearl Street. The administration recommends authorization to execute the License to Encroach Agreement. BACKGROUND The groundwater monitoring wells are being installed to delineate groundwater contamination. The License Agreement protects the City from liability and provides a thirty (30) day cancellation clause. BUDGETARYIMPACT There is a one time fee of$500 for the License to Encroach. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager, Public Works Director and City Engineer. engohmstede-2005-ib.wpd 20 January 2005 COMMENTS FROM DEPARTMENTS AND/OR UTILITY COMPANIES FOR LICENSE TO ENCROACH APPLICATION PROPERTY DESCRIPTION: Monitoring Wells encroaching onto the City's right-of-way on North Pearl, Hazel and North Streets. APPLICANT: Ohmstede Ltd. DATE OF DISTRIBUTION: January 13, 2005 1) Joris P. Colbert, City Engineer Date Received: 01-18-2005 Acceptance and Approval. 2) Jim Terry, Streets &Drainage Superintendent Date Received: 01-14-2005 Acceptance and Approval. There may be a storm sewer where they are proposing PMW-23. Must be very careful . 3) Jack Maddox, Fire Marshall Date Received: 01-19-2005 Acceptance and Approval. No problem with us. 4) Hani Tohme, Water Utilities Date Received: 01-20-2005 Acceptance and Approval. Owners or Owners Agent need to mark proposed location for the monitoring wells. PMW-22 and PMW-23 - The proposed location (according to maps provided) appear to be in the vicinity of a 2" water line and an 8" sanitary sewer main. PMW-22 - We have a 2" water line on the south side of Hazel Avenue. PMW-23 -We have an 8" sanitary sewer main on the north side of North Street. Notify our Dispatcher at 409-860-3221, 24 hours prior to any excavation for locates. The City of Beaumont Water Utilities Division will hold the Contractor financially accountable for any damages incurred during construction. 5) Stephen Richardson, Planning Manager Date Received: 01-13-2005 Acceptance and Approval. 6) Mark Horelica, Transportation Manager Date Received: 01-13-2005 Acceptance and Approval. . [PMW-17 found to be on City Property]. 7) Patrick Sam, CenterPoint Energy Entex Date Received: NA 8) James Bryant, Entergy Date Received: NA 9) Cliff Moore, Southwestern Bell Corporation Date Received: NA 10) Richard Le Blanc, D.D.#6 Date Received: 01-14-2005 Acceptance and Approval. 11) Tyrone Cooper, Legal Department Date Received: 01-00-2005 Acceptance and Approval. Subject to the comments of Water Utilities and Streets & Drainage. comments summary-ohmstede-2005 MILLER STREET ._FORMERTEXAS METAL WORKS COMPANY R! M -(NORTHERN PROPERTY) % 1002-M1 SLIPERFUND SITE MONITORING WELL MW-100 yy LONG AVENUE z 011W,21 0, MW-2 0 0 MW-10 EIMW-14 T, FORMER TEXAS METAL COMPANY F ER Z Er COMPANY so MW-3c* 0 Mw-I I (SOUTHERN PROPERTY) MW-3D 0 MW-7 MW-21D MW-4D 0 *MW 6 OMW-5 MW-48 ---MW-19D IC054AWOI HARRISON AVENUE SUPERFUND SITE\ MONITORING WELL M W9 MW-8 MW-13, 1 Z; 0'� eq lIn Z MW-15 OHMSTEDE li PROPERTY MW-160 P-W 10, West of Back of Curb PMw_l 8D jwf�_i MW 12 1; Mw-a HAZEL AVENUE —PMW� (5;7 22 5' South 260' of Edge of Pavement 51 North 60' of Edge of Pavement NORTH STREET LEGEND 0 MONITOR WELL LOCATION EXHIBIT"A" FORMER TEXAS METAL WORKS,INC. 0 PROPOSED MONITOR WELL LOCATION 937 PINE STREET-BEAUMONT,TEXAS 77701 OVERHEAD ELECTRIC LINE UNDERGRWNOGASLINE UNDERGROUND WATER UNE FIGURE I UNDERGROUND SEWER LINE PROPOSED MONITOR WELL --- SLURRYWALL I LOCATION MAP d 2 FENCE RAILROAD TRACK o SD 1za ATTORNEY WORKLPRODUI REMNANTOF RAILROAD TRACK 9 SCALE IN FEET F Tet,a TeclI ELI�s .0. H City of Beaumont ~ Council Agenda I EL g Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: January 25, 2005 AGENDA MEMO DATE: January 11, 2005 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of three (3) general utility easements and three(3)exclusive water line easements in the area of Fourteenth Street and Harrison Avenue. RECOMMENDATION The property owners listed below have each agreed to convey a general utility easement and an exclusive water line easement to the City of Beaumont. These easements, all located out of Lot 27, J. B. Langham, Sr. Estate Subdivision and the D. J. O. Millard Survey [Abstract 179], are in the area of Fourteenth Street and Harrison Avenue. 1. General Utility Easement - 10 foot wide easement being 0.0235 acres Owner: Christus Health Southeast Texas 2. Water Line Easement - 2 - 10 foot wide exclusive water line easements - each 0.0235 acres Owner: Christus Health Southeast Texas 3. General Utility Easement - 10 foot wide easement being 0.0826 acres Owner: Sam C. Parigi, Jr., Trustee 4. Water Line Easement - 10 foot wide exclusive water line easement being 0.2522 acres Owner: Sam C. Parigi, Jr., Trustee 5. General Utility Easement - 10 foot wide easement being 0.0640 acres Owner: HSWB Realty, Ltd. _ 6. Water Line Easement - 2 - 10 foot wide exclusive water line easements - each 0.0640 acres Owner: HSWB Realty, Ltd. Administration recommends acceptance of the easements. BACKGROUND The Water Line Easements are to accommodate the placement of new water lines for fire prevention services and the General Utility Easements are for the relocation of electric and gas services to these properties. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. engl4th_esnn-ib.wpd 11 January 2005 U/`r C) City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 259 2005 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-10/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a request to change the name of Fletcher Mini Park to Cesar E. Chavez Park 2. Consider approving a resolution to accept the Downtown Improvements Orleans Street (Crockett to Wall Street) Interlocking Concrete Brick Pavers Project, approve Change Order No. 3 and authorize final payment 3. Consider amending Section 21-75 of the Code of Ordinances related to positions in the Police Department 4. Consider approving the purchase of two (2)cab and chassis trucks with a refuse collection body and a knuckle boom loader for use in the Public Works Department 5. Consider approving the purchase of one (1) 54,000 lb. track hoe for use in the Public Works Department 6. Consider authorizing the City Manager to execute a professional services contract with Smith, Jackson, Boyer&Bovard to conduct a forensic examination of the Southeast Texas Community Development Corporation 7. Consider amending Section 21-6 (a)(1) of the Code of Ordinance to provide a change in vacation accruals for full-time civilian employees 8. Consider amending Section 21-6 (a) (2) of the Code of Ordinance to provide a change in personal leave for newly hired full-time civilian employees 9. Consider approving a request to abandon part of Bowie Street between Avenue C, Kansas City Southern Railroad right-of-way and Blocks 51 and 60, Van Wormer Addition and the 20'alleyway in Block 51, Van Wormer Addition 10. Consider approving the purchase of Self Contained Breathing Apparatus(SCBA) and air cylinders for the Fire Department WORKSESSION * Review and discuss proposed changes to the Code of Ordinances related to Dangerous structures and the condemnation process * Discuss the future plans for MLK Park 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: Penni Simonson, et al v. City of Beaumont * 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 Magistrate Craig Lively 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 25,2005 Consider approving a request to change the name of Fletcher Mini Park to Cesar E. Chavez Park t :--� City of Beaumont IN 01.1:www-.,Iltljilj•�• of Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: January 25, 2005 AGENDA MEMO DATE: January 19, 2005 REQUESTED ACTION: Council consider a request to change the name of Fletcher Mini Park to Cesar E. Chavez Park. RECOMMENDATION At the request of Councilmember Audwin Samuel, Council is asked to consider changing the name of Fletcher Mini Park to Cesar E. Chavez Park. BACKGROUND Fletcher Mini-Park is located in the City's Ward III, at the northwest corner of the Avenue C and Milarn Street intersection. The"pocket park"encompasses approximately.20 acres and contains a creative play area, a concrete performance platform, sidewalks, seating area with benches and a drinking fountain. Approximately$62,000 was spent last year updating the park's facilities. A search of the City Clerk's records reveals no specific dedication of the park. The property was purchased in 1980 from M.A. Widner for$4,500. Two lots were purchased to construct what was then referred to as a"vest pocket"park. Community Development Block Grant funds were used to construct the creative playground and other facilities at the site. It is not exactly clear as to how the park came to be named Fletcher Mini Park. Many believe that it is named after the Fletcher Neighborhood,as the area was then called,or after Emmett A.Fletcher Elementary School (named after the son of W. A. Fletcher and mayor of Beaumont from 1906 through 1918 and again from 1930 through 1934). Mr. W.A.Fletcher was a prominent lumberman, Civil War soldier and author that moved to Beaumont in 1859. Mr. Roberto Flores appeared before the Parks and Recreation Advisory Committee on January 10, 2005 to request renaming the park to recognize Mr. Cesar E. Chavez. No formal recommendation Fletcher Mini Park January 25, 2005 Page 2 was made by the committee, but they requested that Mr. Flores obtain a letter from the area's neighborhood associations in support of his endeavor and that the City publish a notice of the potential name change which would allow citizens an opportunity to express their opinions by mail. Once the information is collected, the matter will be revisited by the committee to make a formal recommendation to Council. There is currently no formal policy stating the criteria for naming or renaming a park within the City. BUDGETARY IMPACT The minimal expense associated with park signage is available in the Capital Reserve Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. 2 January 25,2005 Consider approving a resolution to accept the Downtown Improvements Orleans Street (Crockett to Wall Street)Interlocking Concrete Brick Pavers Project, approve Change Order No. 3 and authorize final payment City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: January 25, 2005 AGENDA MEMO DATE: January 5, 2005 REQUESTED ACTION: Council consider a resolution to accept the Downtown Improvements Orleans Street(Crockett to Wall Street)Interlocking Concrete Brick Pavers Project, approve Change Order No. 3 and authorize final payment in the amount of $87,637.67 to ALLCO, Ltd. RECOMMENDATION Administration recommends acceptance of the Project, approval of Change Order No. 3 in the amount of ($112,751.71), and authorize final payment to ALLCO, Ltd. in the amount of $87,637.67. BACKGROUND On May 5, 2003, the City Council awarded ALLCO, Ltd. the contract for the Downtown Improvements Orleans Street(Crockett to Wall Street)Interlocking Concrete Brick Pavers Project for an amount of$929,258.71. Change Orders No. 1 and 2 were issued decreasing the contract amount by $6,684.70. Due to a decrease in the construction item quantities, Change Order No. 3 in the amount of ($112,751.71) is required to adjust the estimated quantities during the performance of the project, decreasing the contract amount to-$809,822.30. The MBE participation in the performance of the contract totals $156,547.14, representing 19.33% of the final contract amount. A copy of Schedule C, identifying the MBE participation is attached. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. EngOrleansStreeteg.wpd CITY OF BEAUMONT DATE: December 14,2004 PROJECT: DOWNTOWN IMPROVEMENTS ORLEANS STREET(Crockett to Wall Street) INTERLOCKING CONCRETE BRICK PAVERS PROJECT OWNER: CITY OF BEAUMONT CONTRACTOR: ALLCO, INC. CHANGE ORDER NO.: 3(FINAL) Adjust the Estimated Quantities to reflect the Actual Quantities used in completing the project. ORIGINAL CONTRACT AMOUNT: $929,258.71 NET FROM PREVIOUS CHANGE ORDERS: $922,574.01 TOTAL AMOUNT OF THIS CHANGE ORDER: ($112,751.71) PERCENT OF THIS CHANGE ORDER: (12.22%) TOTAL PERCENT CHANGE TO DATE: (12.85%) NEW CONTRACT AMOUNT: $809,822.30 ;:::�:COt�'C�tA�T TIMES CS NQ'C AF�EC'1•'EU:BY'�>T1.S:GNANC��QE�k�� '<:::>...;.::<::.;:::::::::<.;:':::::.... ... ACCEPTED BY: �y CONTRACTOR APPROVED BY: JORIS P.COLBERT,P.E. CITY ENGINEER THOMAS A,WARNER,P.E. DIRECTOR OF PUBLIC WORKS KYLE HAYES,CITY MANAGER ATTESTED BY: . CITY CLERK CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION (SCHEDULE C) Date of Report 12-15-04 Department Downtown ImproyTme s Project No. Or ears eet Infer- Location loclFing ncre e aver Percent Complete /Od ll e Allco Ltd. Total Contract Amount $ 809,822.30 Name of Prime Contractor/Proposer Evil! S m u A & A Electric P O Box 22986 8/24/03 - 9/1/04 1 $102,992.52 Beaumont, Texas 77720 Electrical T48 S. Dowlen Rd ##8g9945 $ 53,554.62 LD Construction Beaumont, Texas 77707 Asphalt Paving 8/04 - 8/04 The undersigned will enter into a formal agreement with MBE Contractors for work listed in this schedule conditioned upon execution of a contract with the City of Beaumont. NOTE: 1. Any business listed above must have Schedule A on file with the City. 2. Schedule Cis to be included with bid,and resubmitted at 50%and 100%of project completion. At eAd—T Ken Stewart Signature Project Manager Title PW/E Form SchedC.0203-95 30 3 January 25,2005 Consider amending Section 21-75 of the Code of Ordinances related to positions in the Police Department �r CUO.j. t City of Beaumont ow- Council Agenda Item a - ' c TO: City Council FROM: Kyle Hayes, City Manager PREPARED: Tom Scofield, Chief of Police MEETING DATE: January 25, 2005 AGENDA MEMO DATE: January 11, 2005 REQUESTED ACTION: Consider an Amendment to Municipal Ordinance 99-45, Section 21-75 changing Grade I and Grade II positions. RECOMMENDATION Council consideration of an amendment to Municipal Ordinance 99-45, Section 21-75 increasing Grade I positions from 195 to 198 and reducing the Grade II positions from 47 to 44. BACKGROUND As ofDecember 31,2004,Grade II Sergeants Michael Sheffield,Jerry Hecht,and Edward McDonald retired. In keeping with the reorganization within the Police Department that began with the October 1997 collective bargaining agreement, a reduction of the Grade Il position is needed. By reducing this position and increasing the Grade I position,this will accurately reflect the current organization of the Police Department as well as allow the utilization of the police specialist positions. BUDGETARY IMPACT The annual pay for three Grade II Sergeants is$171,612. The current annual pay for three Grade I Patrolmen is $111,060 which reflects a positive budget impact of$60,552. PREVIOUS ACTION None. SUBSEQUENT ACTION None, RECOMMENDED BY City Manager and Chief of Police. RECOMMENDED MOTION Accept/Deny the Amendment to Municipal Ordinance 99-45, Section 21-75 changing Grade I and Grade II positions. Beaumont Police Department �� Turn Scofield, Chief 'l1 Mice: (409)880-3801 - Fax: (409)880-3844 P.U. Box 3827 Beaumont,Texas 77704-3827 AMNE www.beaumontpd.com S anuaF� 11, 2005 17 Mr. Kyle Hayes City Manager P. O. Box 3827 Beaumont, TX 77704 Dear Mr. Hayes: As of December 31, 2005, Grade II Sergeants Mike Sheffield, Jerry Hecht and Edward McDonald retired. I am therefore requesting that the City Ordinance Section 21-75 be amended reducing the number of positions in the Grade II category by three, from 47 to 44 and reallocating those positions into the Grade I category increasing it from 195 to 198. This request is in keeping with the reorganization of the Police Department that began with the October 1997 contract and continues in the current collective bargaining agreement. Furthermore, it allows for the utilization of the police specialist positions. Below is a summary of the changes in proposed personnel allotments: Current: Proposed: Grade I 195 198 Grade II 47 44 Grade III 12 12 Grade IV 3 3 Deputy Chief 2 2 Total: 259 259 I will be glad to provide any additional information necessary. Sincerely, om Scofield Chief of Police 4 January 25,2005 Consider approving the purchase of two (2)cab and chassis trucks with a refuse collection body and a knuckle boom loader for use in the Public Works Department City CW1_v!j!_ of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: January 25, 2005 AGENDA MEMO DATE: January 19, 2005 REQUESTED ACTION: Council approval ofthe purchase oftwo(2)cab and chassis trucks with a refuse collection body and a knuckle boom loader. RECOMMENDATION Administration recommends the purchase oftwo(2)cab and chassis equipped with a refuse collection body and a knuckle boom loader for the Public Works Department, Clean Community Division through the Houston-Galveston Area Council(H-GAC) cooperative purchasing program. BACKGROUND The trucks will be used for the residential collection of heavy trash and yard waste. The tandem axle diesel powered trucks are equipped with an 8 ft. x 5 ft. x 22 ft. refuse collection body and a Prentice knuckle boom hydraulic loader capable of lifting 2,500 lbs. The H-GAC contracted vendor is Lone Star Truck Center of Houston. The cost of both vehicles including the H-GAC administrative fee of$600 is $300,170. Warranty service for the trucks will be provided by the local Autocar dealership. Warranty service will be provided by Mateco Trucks of Houston for the collection body and loader. The standard warranty is one year. Units 3227 and 3229, 1992 GMC grappler trucks, will be replaced. The units will be disposed of according to the City's surplus property disposal policies. The new trucks will be delivered in 90-120 days. Purchase of Refuse Trucks January 19, 2005 Page 2 BUDGETARY IMPACT Funds are available for this purchase in the Solid Waste Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, and Internal Services Director. 5 January 25,2005 Consider approving the purchase of one(1) 54,000 lb. track hoe for use in the Public Works Department City of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: January 25, 2005 AGENDA MEMO DATE: January 12, 2005 REQUESTED ACTION: Council approval of the purchase of one(1) 54,000 lb. track hoe. RECOMMENDATION Administration recommends the purchase of one (1) 54,000 lb. track hoe with a Helac power tilt attachment from Waukesha-Pearce Industries, Inc. of Port Arthur, Texas in the amount of$171,327. BACKGROUND Three (3) bids were received on January 6, 2005 for furnishing one (1) 54,000 lb. track hoe for the Public Works Department, Streets and Drainage Division. The track hoe will be used by the Streets and Drainage Division in the maintenance of outfall ditches. The track hoe can be driven off road for excavating, digging and installing large diameter pipe or concrete boxes in underground drainage systems. The three(3)bids received are as follow: Vendor Location Price Four Seasons Equipment Houston, TX $154,619 Waukesha-Pearce Industries Pt. Arthur, TX $171,327 Mustang Tractor&Equipment Beaumont, TX $191,899 7 The apparent low bid submitted by Four Seasons Equipment does not meet specifications. The Hyundai unit bid does not meet the minimum horsepower (HP) or the digging depth requirements. Waukesha-Pearce Industries submitted the lowest bid meeting specifications. They proposed a Komatsu Model PC220LC-7 equipped with a Helac power tilt and two bucket attachments. Purchase of Track Hoe January 11, 2005 Page 2 The unit is warranted for a period of twelve (12) months or 1,500 hours. Warranty service will be provided by Waukesha-Pearce Industries in Port Arthur. Delivery of the unit will be in 30-45 days. The new unit will replace unit 5102, a 1990 Linkbelt excavator, which will be disposed of according to the City's surplus property disposal policies. BUDGETARY IMPACT Funds are budgeted in the Capital Reserve Fund for this expenditure. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Internal Services Director and Public Works Director. 6 January 25,2005 Consider authorizing the City Manager to execute a professional services contract with Smith, Jackson, Boyer&Bovard to conduct a forensic examination of the Southeast Texas Community Development Corporation iceCit y of Beaumont NEFTNIJN�M' K, Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Janett Lewis, Housing Manag r MEETING DATE: January 25, 2005 AGENDA MEMO DATE: January 19, 2005 REQUESTED ACTION: Council consider authorizing the City Manager to execute a professional services contract with Smith, Jackson,Boyer&Bovard. RECOMMENDATION The Administration recommends that City Council authorize the City Manager to execute a professional services contract with Smith,Jackson,Boyer&Bovard to conduct a forensic examination of the Southeast Texas Community Development Corporation,Inc. BACKGROUND The U. S.Department of Housing and Urban Development("HUD")has requested the city to conduct a formal review of HOME compliance for all SETCDC contracts with the city. A similar request was made by HUD to the City of Port Arthur. In order to be more cost effective,HUD has also suggested that the cities consider a j oint review. A preliminary proposal by the auditing firm limits the total cost to $6,000, which will be proportionately charged to each city. BUDGETARY IMPACT Funding is available from 2003 HOME Administration funds. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director,Planning Manager and Housing Manager. P. ENTpF, U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Q�� tip`s Fort Worth Regional Office,Region VI * * Office of Community Planning and Development aG VIII II 801 Cherry Street,PO Box 2905 9e,NOevE`0� Fort Worth,TX 76102 www.hud.gov DEC 1 2001 Mr. Kyle Hayes City Manager 801 Main, Suite 300 Beaumont, TX 77701 Dear Mr. Hayes: SUBJECT: Review of Contracts with Southeast Texas Community Development Corporation-HOME Investment Partnerships Program In the course of conducting technical assistance for this office in Port Arthur, Mr. Charlie Blair of Community Development Services found evidence of possible misuse of$172,300 in HOME funds by the Southeast Texas Community Development Corporation(SETCDC). Mr. Blair appropriately notified this office of his concerns and agreed to provide both the City of Beaumont and the City of Port Arthur with documentation related to this matter. To verify the preliminary information received from Mr. Blair,this office is requesting that the city conduct a formal review of HOME compliance for all SETCDC contracts with the city. The review should examine both programmatic and financial compliance and be carried out by knowledgeable city or contract staff. Upon completion of the review,please provide this office with a report stating your findings and any corrective actions the city proposes to take to resolve any noncompliance. Within 20 days from the date of this letter,the city should provide a schedule for completing this review. HUD staff has suggested, in the interest of efficiency and economy, that the city consider meeting with the City of Port Arthur and jointly contracting with an independent contractor to conduct the formal review. If you have any questions concerning this request,please contact Wayne Martin, Senior Affordable Housing Specialist, at(817) 978-5943. Sincerely, Katie Wors Director cc: Janett Lewis SMITH, JACKSON, BOYER & BOVAID Junto M.DQ-aKv.CIA A Pro6tirna1_l..imired U-Nlity Company Rormr W.DAN101,C11A CERTIFIED PUBLIC ACCOUNTANTS c low j AMT-1f,CPA CHM1L4L65 R.r:awv,CPA.MBA iCjHN A.1rnII5.CPA Jnmu A.Smr-1+,ChA KIM H.JAC` V N,JR.CPA,WA JoN C.Tiacs.CPR..10 January 14,2005 301-N Mr.Tyrone Cooper, City Attorney, City of Reaumnnt,Trxaa P.O.Box 3827 Beaumont,Texas 77704-3827 Mr.Mark Sokolow, City Attorney City of Port Arthur,Texas P.O.Box 1089 Port Arthur,Tex2c 77641_1099 Re: Forensic Examination of the Southeast Texas Community Development Corporation GCntlCmcn: This shall constitute an agreement for engagement by your two cities of our firm to perform a preliminary investigation of the records of the above referenced entity for purposes of preparing a proposal for submission to You of a comprehensive forensic examination of the above referenced entity. It is expressly understood that this initial engagement is not designed to and will not reach any conclusions regarding the accounting records of the above refc=ccd entity nor its compliance with its contruduai obligations to your cities. It will enable us to prepare a detailed fee estimate for the performance of the comprehensive forensic investigation for the approval of your respective City Couneils. Our fees to perform this preliminary examination, including out-of-pocket travel and related expenses will not exceed S6,U00, in total,to be allocated between the two cities. The tees and expenses will be due and payable upon delivery of our proposal, We can be prepared to commence this work within two weeks of your approval of this engagement. We will be happy to discuss this engagement with you at any time. Very truly yourN SMITH ICSON,BOYER&BOYA ,PL. C y Qy J es A Smith, RA e above engaggement is accepted under its expressed terms and Smith, Jackson, Boyer & Rnvard,P1.1.-, is approved to proceed City of Beaumont, Texas City of Port Arthur,Texas By BY Title I Title Date _._ Date 9400 NCB,Suite 420+9400 N.Central Expressway•Dallas,Texas 75231-5063 2141373-89ao•Fax 2141378-93oo SMITH, JACKSON, BOYER & BovARD JOHN M.Dov%RU.CPA A Profmonal Ltmitcd Liabilin•f:nmpany RoitrR1'W.DANtrv-CPA. CERTIFIM PUBLIC A+.:.t;vUMANT5 CRAM J.idyl.-.crA. CxAK U R.GRAY,CPA.MBA JOHN A.FAns,C)�A JAmri A.SMtrtt.CPA KtRnti H.iM,KklN.JR.,CPA.MRA. Jc�uN CPA,JD January 17,2005 Mr.Tyrone Cooper, Ci ly A ttorney, City of Beaumont,Texas P n.Box 3827 Beaurnon Texas 77704-3827 M1.Mork Sukolow, City Attorney City of Port Arthur,Texas P.O,Box 1489 Port Arthur,Texas 77641-1089 Re. Forensic Examination of the Southeast Texas Community Development Corporation Gentlemen. As an addendum to my letter of 7anuary 14,2005,regarding our engagement by your cities to perform preliminary procedures to ascertain the information we would need in order for us to prepare a formal proposal for an engagement to conduct a forensic examination of the Southeast Texas Community Development Corporation, you have requested an enumeration nt fair hourly billing Yates. Al this time, we do not have enough information regarding scope of the full investigation to determine its staffing requirements and,hence,the billing rates which Will apply. However, the preliminary procedures will be billed at blended rate of$200.00 per hour, subject to the guaranteed maximum of$6,000,including out-of-pockc:ta. We will be happy to discuss this addendum with you at any time. Very truly yours, SMITH. ON,ROYRR Rr AOVAR t By / I s A Smith,CPA 9400 NM Suite 4E20.94:00 N.Centres[Expressway•Dallas,Texas 75231-5063 214/373-6900 0 Fax 214/378-9300 7 January 25,2005 Consider amending Section 21-6 (a) (1) of the Code of Ordinance to provide a change in vacation accruals for full-time civilian employees vow City 0 of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: January 25, 2005 AGENDA MEMO DATE: January 19, 2005 REQUESTED ACTION: Council consider amending Section 21-6 (a) (1) of the Code of Ordinances to provide a change in vacation accruals for full-time civilian employees effective January 31, 2005. RECOMMENDATION The Administration requests approval of amending Section 21-6(a) (1)to allow a change in vacation accruals for regular full-time civilian employees as follows: Full Years of Service Hours Per Pay Period Hours Per Year Weeks Per Yr. 0 through 4 3.08 80 2 5 through 14 4.62 120 3 15 through 23 6.15 160 4 24+ 7.69 200 5 Currently,vacation leave begins to accrue upon employment but may not be taken until completion of one year of service. The Administration also proposes changing the 12-month requirement to six-months which will provide employees with six to twelve months' service the opportunity to take vacation without a loss of salary. At six months, employees will have accrued approximately 40 hours vacation. BACKGROUND The City of Beaumont's vacation accrual schedule currently has 10 steps. (See attached) When comparing the vacation schedule to that of similar size cities such as Abilene,Pasadena,Waco and Carrollton,it is apparent that our existing schedule is more complicated and requires a much longer period for Beaumont employees to receive increased vacation. At the present time, civilian employees receive three weeks of vacation after 12 years of service, four weeks after 21 years of service and five weeks after 30 years of service. Abilene employees start with three weeks, although it never increases to more. Carrollton and Waco employees receive three weeks vacation after five years, and Pasadena after eight. While all cities have differing vacation schedules,the Administration believes the current schedule is confusing and should be simplified and amended to allow employees to receive more vacation days earlier in their career. BUDGETARY IMPACT Employees cannot carry over more than 240 hours into a new calendar year. After 12 months of consecutive service, employees are paid for all vacation hours accumulated at the time of termination. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Department Directors. ATTACHMENT Section 21-6, Leave,of the Code of Ordinances has provided the following vacation leave for regular full-time civilian employees since October 1, 1991: 1.(a) Regular full-time employees regularly assigned to work forty(40) hours per week shall earn vacation in accordance with the following schedule. Years of Service Hours Per Year 1-5 80 6-8 92 9-11 104 12-14 120 15-17 132 18-20 144 21-23 160 24-26 172 27-29 184 30+ 200 S January 25, 2005 Consider amending Section 21-6(a)(2)of the Code of Ordinance to provide a change in personal leave for newly hired full-time civilian employees ! City of Beaumont Council Agenda Item � c g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Marie Dodson, Personnel and Benefits Director MEETING DATE: January 25, 2005 AGENDA MEMO DATE: January 19, 2005 REQUESTED ACTION: Council consider amending Section 21-6 (a) (2) of the Code of Ordinances to provide a change in personal leave for newly hired regular full-tune civilian employees effective January 31, 2005. RECOMMENDATION Administration requests approval of amending Section 21-6 (a) (2) to allow a change in personal leave for regular full-time civilian employees that will provide two days personal leave to be available upon employment with the City. Providing employees two personal leave days upon employment will allow their salary to continue in the event they become ill or need to take off work for personal business. Otherwise,they would be off without pay. This would result in loss of salary and loss of vacation and personal leave accrual. Policy requires employees to be paid for 80 hours in order to earn leave for that pay period. BACKGROUND Section 21-6,Leave,of the Code of Ordinances has provided the following personal leave for regular full-time civilian employees since October 1, 1991: Each regular full-tune employee regularly assigned to work forty(40) hours per week shall earn a maximum of forty(40) hours of personal leave per year. Such employee shall earn personal leave only when the employee is paid for eighty(80)hours in the same pay period. Each regular full-tune employee shall earn personal leave which may be used for illness or,upon the supervisor's approval, for any purpose. City policy states that personal leave begins to accrue upon employment and may be used by an employee with the supervisor's approval as it is earned. Only that personal leave time which is earned may be used. Regular full-time employees earn 40 personal leave hours per year (1.56 per pay period). This requires employees to work over five months to accrue two days personal leave. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Personnel and Benefits Director 9 January 25,2005 Consider approving a request to abandon part of Bowie Street between Avenue C, Kansas City Southern Railroad right-of-way and Blocks 51 and 60,Van Wormer Addition and the 20' alleyway in Block 51,Van Wormer Addition . Cit y of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: January 25, 2005 AGENDA MEMO DATE: January 19, 2005 REQUESTED ACTION: Council consider a request to abandon part of Bowie Street between Avenue C, Kansas City Southern Railroad right-of-way and Blocks 51 and 60, Van Wormer Addition and the 20' alleyway in Block 51, Van Wormer Addition. RECOMMENDATION The Administration recommends approval of the request to abandon part of Bowie Street between Avenue C, Kansas City Southern Railroad right-of-way and Blocks 51 and 60, Van Wormer Addition and the 20' alleyway in Block 51, Van Wormer Addition, subject to the retention of an easement or moving any utilities at the applicant's expense. BACKGROUND Oilquip, Inc. is leasing the properties on both sides of this section of Bowie and the alley. Due to the planned future growth and development of the company in Beaumont, they are requesting the abandonment of these two rights-of-way. Both this section of Bowie and the alley are unimproved. This item was sent to all interested parties. No negative responses were received. BUDGETARYIMPACT None. PREVIOUS ACTION At a Regular Meeting held October 18, 2004, the Planning Commission voted 9:0 to approve the request to abandon part of Bowie Street between Avenue C,Kansas City Southern Railroad right-of- way and Blocks 51 and 60, Van Wormer Addition and the 20' alleyway in Block 51, Van Wormer Addition., subject to an agreement between the applicant and Entergy concerning the moving of the pole. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. O9i1quipinc 6720 Exchequer Drive Rouge,LA Phoone(225)75 9838 212 Agurs,P.O.Box 7954 Shreveport, LA 71137 1001 First Avenue Phone(318)424-2845 P.O. Drawer 3228 Lake Charles, LA 70601 1025A Montrose Street Phone(337)433-3601 Beaumont TX 77707 FAX(337)439-4808 Fluids in Motion Phone(409) 861-4210 September 22, 2004 Planning Division, Room 205 City Hall, 801 Main Street Beaumont, TX 77701 P.O. 3827 7704 RE: Old Bowie Street To Whom It May Concern: Oilquip, Inc. is presently leasing the property juxtaposed on both sides of Bowie Street. We are submitting this application for consideration due to the future growth and development of our company in Beaumont. Please find enclosed our application and attachments. If you have any further questions please do not hesitate to contact our office. Thanking you in advance, Respectfully, Perry Yoder FILE 672-4B: Request to abandon part of Bowie St. and alley NORTH Location: Between Ave. C and KCS Railroad right-of-way Ak Applicant: Perry Yoder SCALE 1"=200' Ae -- --ter z � � S� ,p _ j • p yt� � a . SUBJECT ' 0 ► _ f t i 1 • s EP I • ,c • 3 A-15 ,y - -,•� T .TM rCV,S - __ ENE 1J/✓r0 Mdrw' \� • t Ar 44 •d `n ^� �� • ` a 4z, tot l• i� e s t ns so Mr, t • t , M !w t op -�;IVVV � # FOIhSYT�E I • i+• •. 30 '.a SO so 50 to llt N !t it - t y Exhibit showing Tract A & Tract B S 89'010.9 C / Avenue B Ter 4o'J.'DO"C 69.76' (60' R.O.W) (s 40'27'00°r 115.00) (hatched areas hereon) . / S 40'31'00'•C 114 e7' (65'007 1(20 0) (14007') Found 1" Surveyors Nolc(3); / Lot I Iron Pipe- (I) Tn,s Survey was Corroleted w,mo✓( the // ol/ I I Lot 12 Dcnehr o/ a Tlf/c Commitment, and not all easements or serv,(udes, whether of record or not were reseorcneo or me (.me al rh,s survey .ow.11- yr 111,000-r o e4-,10 (' 11, `•e "s� ,n r%Mr Cads 100-)J-7137 r.wrtx.q (1) Fra,d r�afe Doser,pfrons for Tracts Dne, / Lo( 1 w & be I ntor..eQ too w y r�mf ey'rn.c.ry Two rhrec, A, .4 8* accompany rhos •osww Par Center of frocks Al.,—ne `666 L d e•�^�"r ((sags not located) 5 1227'00"C-��5 hry a � �j�� to( i7 (J) o - Se( 1j1' ,ron Hon w,th ye,row / (11.30) ploshc cop smmp<o Access RPLS 5163-, �• Ll unless otherw,se noted. rt>�True, U., 4 Lo( J 6D c G' Lot ID xon.os Cit 5«.t_ RR r Lo( 10 r-I -port o/Lo( 11, B,ocx 31 z 4o'J2'00"E 73.00;0/063900--0.70-00300 40-32'" a 74.98 r Lint Dnrum (9 Tract TNu Lt - 5 00'37'17'w 10.00' S� a 1.p- ) rock• a:Pnplt nc ,,n ti�� 4� 0.1h?_Acres g g err. oam❑ S 00-5600-w 10 00') a t rS Pad I L2 - S 69.02'00'C 71 86' / \SS t, nor 9 $ v., Lot 4 I I Lot 9 i ^ (S 6ff02'00'E 1200') 9,(("' r r< IU I 3a 8 ry+,_r�, _ L2 - S 49'18'00-W 44 13' `3" / - TiY7CC One �•• + 3 (S 49-28.00-w...35') Lp Sl ;3 w 3 .1 1 0l - SLUE 1 50' S nwa. R h C 0.7747Acres b. / c 5�� 01110'. bcatae `Lo; $ N sl: _ �, vnoer ground wc. .� Lot 5 1.r• Lot a N Rnarn- 6W.00 -c���l D� Nc - 38.88 4" .,c _ � ppry C7 CM - 36 66' `}-b for h O efob 1 4 ; C8- S 6630'10-C f $� Duw�tWnq (L'I.ore - 3661) (CB- 5 66-34'41 E) t, $8 604 P.O.B. `Poi [�] Lot 7 Found U ee Tract Onc ro,lrcod 1/?"Rod �R! onc� Lot 7 Found round s w,fch Found Tmcr Thin 'fie 3/d'Rod Lo! 6 71.1' I 112• Rod FarW S/8'Rod 112"Rod 0.041fiAcrr3 0.00' _� N 40'31'00"w /4010' 1 N 4(T32Y10"w r4.qe'e.+.rq I 40-31'00'w 14003' N 40'32'0'0"w 68.75' (N 40•J1 0'0"W x40.00') 61.11) -_ 00_w 88.757 R.O. . , M 40-32 00"w 1.50,00') Nt�poo • 1)ao P.O.B." Set RR met Tunr,4 `' Avenue C Fatmd N 4o'311M"w To 00 Tract Found h"B" Spike round" Rad (N 40-32'00"w raoa7 Found road edge 3/8'Rcd 5 112" Rod (60" R.O.W.) road edge �� zEf.5� A E O f T CLIENT: O quip. Inc. G.F. NO. -- ♦*.•• fi Subject tract is located in Flood Zone: X g.EGt3)ERF 7� Community Panel No: 485457 0020 C Surveyors ao hereby certify, to the best o/ my knowmage De6e(, that lnis is on accurate plat of a Survey +• * O•• (F RkI Dated August/06/2002 T nrsvnr l Profcssrwwf L.—I S.,", moue on the ground under my super,e,slon. snowing ail improvements and one -sibie encrodUlments. 1 further JOE A. ) certify that there were no discrepancies, shortages in area, a, overlopp;rg of ,mprovements except as shown MATTOX 505 South Fourth Slr..f - B+oumonr. 34x85 77701 T.bpr, n (409) e3e-6322 Fax 6.38-6121 hereon, as of_EVb[U0rV 27. 2004 ••'�,o 9639 �.. RprvV630Aol.com the Subject tract Demg located at Avenue C h BOwiO Street Beaumont Texas, 77701 Vim'•: SBro•Q. and being described as .Several Tracts out of Block 51 k 60. Von Worner Addition *OttURY � Joe A Lbttax c•"'''" •-10'°�"�fO11_4g r.corded in Volume 1 Poe of the Ala Jefferson Registered Professional Land No. 5535 Page _� Records o/ County, Texas. Re9 Surveyor 10 January 25,2005 Consider approving the purchase of Self Contained Breathing Apparatus(SCBA) and air cylinders for the Fire Department P.. City of Beaumont Council Agenda Item I g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: January 25, 2004 AGENDA MEMO DATE: January 12, 2005 REQUESTED ACTION: Council consider the purchase of Self Contained Breathing Apparatus (SCBA) and air cylinders for the Fire Department. RECOMMENDATION Administration recommends the purchase of twelve(12) SCBA units and air cylinders from Dooley Tackaberry, Inc. of Deer Park, TX for$48,065.40. BACKGROUND The SCBA breathing mask and air cylinders are used to provide a safe supply of fresh air to firefighters while working in hazardous environments. The air cylinders provide forty-five (45) minutes of compressed breathing air which flows into the firefighter's full-face SCBA breathing mask. Ten (10) vendors were notified and the following two (2)bids were received: VENDOR SCBA* AIR QTY TOTAL CYLINDER** Dooley Tackaberry,Deer Park,TX $3,358.95/ea. $646.50/ea. 12 $48,065.40 MES-Four Alarm Fire Equip., Houston, TX I $3,332.85/ea. $747.50/ea. 12 1 $48,964.20 * SCBA is Scott Model 804847-04 including Scott 4500 psi SCBA Type Air Mark, Quick Connect Regulator,Pak-Alert SE and Quick Charge. **Air Cylinder is Scott Model 804722-01 4500 psi Carbon Fiber 45-minute Cylinder. In 1999, the Fire Department implemented a replacement program for SCBA units. Each unit has a life of approximately fifteen(15)years. The Fire Department has 106 SCBA units and continuously replaces units as they become obsolete. Purchase of Self Contained Breathing Apparatus January 12,2005 Page 2 BUDGETARYIMPACT Funds are available in the Capital Reserve Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Internal Services Director, and Fire Chief.