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Home My WebLink AboutPACKET OCT16 2007 �r t17"j-jj ' ` i 1 j c City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 16, 2007 1:30 P.M. CONSENT AGENDA *' Approval of minutes * Confirmation of committee appointments A) Authorize the acceptance of a ten (10) foot wide water line easement for fire hydrants across Westbrook High School property on Manion Drive Et) Approve a Change Order for the 911 Operations Center A City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: October 16, 2007 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten(10)foot wide water line easement for fire hydrants across Westbrook High School property on Manion Drive. RECOMMENDATION Administration recommends acceptance of the above named easement. BACKGROUND Beaumont Independent School District has agreed to convey a ten(10)foot wide water line easement to the City of Beaumont. The easement will provide access to the water lines and fire hydrants for the Westbrook High School property on Manion Drive [10' x 1706.86' out of the A. Houston League]. It would also allow for the construction, alteration, operation and maintenance of the said water line and appurtenances. BUDGETARY IMPACT None. engbisd-ib.wpd 5 October 2007 RESOLUTION NO. WHEREAS, Beaumont Independent School District has conveyed a ten foot (10') wide water line easement, as described in Exhibit "A" attached hereto, for the purpose of providing access for fire prevention services; and, WHEREAS, the City Council has considered the purpose of said conveyances and is of the opinion that the acceptance of said conveyances is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT said easements conveyed by Beaumont Independent School District be and the same are hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16h day of October 16, 2007. - Mayor Becky Ames - EXHIBIT `A', PAGE 1 OF 2 CENTERLINE DESCRIPTION FOR A 10' WIDE WATER LINE EASEMENT OUT OF THE A. HOUSTON LEAGUE,ABSTRACT 33 JEFFERSON COUNTY, TEXAS SEPTEMBER 5, 2007 REVISED: SEPTEMBER 18, 2007 That certain centerline description for a 10'wide water line easement, 5' on each side of centerline, out of the A. Houston League, Abstract 33, and being out of a called 100 acre tract conveyed to South Park Independent School District as recorded in Volume 1492, Page 5 of the Deed Records of Jefferson County, Texas, with an Amended Name By Resolution recorded in Film Code 101-72-0827 of the Real Property Records of Jefferson County, Texas, said centerline being more particularly described by the following courses and distances; Note: Basis of Bearings is the south right-of-way line of Manion Drive and the north line of the said 100 acre tract having been called North 89°58'58" East 1595.21 feet. COMMENCING at a 3/8" iron rod found in concrete in the south right-of-way line of Manion Drive for the northeast comer of a tract conveyed to Buckners Children Village as recorded in Volume 1960, Page 26 of the Deed Records of Jefferson County, Texas and the northwest corner of the said 100 acre tract; THENCE North 89 058'58" East along the said south right-of-way line of Manion Drive and the north line of the said 100 acre tract a distance of 44.71 feet (called North 89°58'58" East) to the POINT OF BEGINNING of the said centerline from which a %" iron rod found for the northeast corner of Lot 1, Block 3 of Evangeline West, Unit II, a plat recorded in Volume 12, Page 83 of the Map Records of Jefferson County, Texas bears.North 89 058'58" East 1618.86 feet (called North 89 058'58" East); THENCE along the said centerline with the following courses and distances: South 00°24'10" East a distance of 430.72 feet to an angle point; South 00 051'38" East a distance of 47108 feet to an angle point; South 00 008'42" East a distance of 206.42 feet to an angle point; South 02°17'26" East a distance of 217.08 feet to an angle point; South 00 024'27"West a distance of 379.56 feet to the POINT OF TERMINATION of the said centerline. This Field Note Description is based on a land title survey performed by Fittz& Shipman, Inc. on August 22, 2007. F rF •�•••••. '�' Walter J. Ksiaz Registered Professi al Land Surveyor No. 5321 �► F7TTZ&SHIPMAN, INC. WALTER J. KEIAZEK Page 1 of 1 Project No. 07944.0163esmt ••�FESS��•• Plat and?Description '�qH••••••OQ EXHIBIT "A", PAGE 2 OF 2 BUCKNERS CHILDREN VILLAGE VOL 1960, PG. 26, D.R.J.C. COMMENCING (CALLED S 00'15'42•W FOUND POINT S 00'15'42' W IRON ROD 8• L3 L2 IN CONCRETE POINT OFZ —_— POINT OF TERMINATION UNG 10' WATER LINE 10' TER LINE EASEMENT EASEMENT NUMBER DIRECTION DISTANCE Lt N 8958'58" E 44.71 L2 S 00'24'10" E 430.72 L3 S 00'51'38' E 473.08• h uni L4 S 00'08'42" E 206.42 m N L5 S 0217'26' E 217.08 L6 IS 00'24'27' W 379.56 R� 1 e m� .-m w� W- Z Go m � Z N WEST BROOK HIGH SCHOOL v z z 0 100 CONVEYED TO SOUTH PARK 1771 71 INDEPENDENT SCHOOL DISTRICT 5 C A L E VOL 1492, PG. 5, D.R.J.C. _ AMENDED NAME BY RESOLUTION RECORDED IN FILM CODE 101-72-0827, R.P.R.J.C. EVANGELINE WEST UNIT II LOT 1 SURVEYOR'S CERTIFICATION: BLOCK 3 I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, U J FOUND 1/2' THAT THIS IS AN ACCURATE PLAT OF A SURVEY k DESCRIPTION MADE - VOL 12, PG. 83, M.R.J.C. IRON ROD ON THE GROUND UNDER MY SUPERVISION DURING AUGUST 2007. _ WALTER J. KSIAZEK !WALTER J. KSlAZEK REGISTERED PROFESSIONAL LA URVEYOR N0. 1 �r' ,a'� Fittz�Shipman 10' WIDE WATER LINE EASEMENT SHEET NO .��.s . Q. INC. PROJECT NAME: WEST BROOK HIGH SCHOOL MANION DRIVE PROJECT N°. 1405 CORNERSTONE COURT, BEAUMONT.TEXAS BEAUMONT, TEXAS REVISED: 9-18-07 (409)832-7238 FAX(409)832-7303 DATE:9-5-07 07944.0163 B City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: October 16, 2007 REQUESTED ACTION: Council approval of a Change Order for the 911 Operations Center. RECOMMENDATION The Administration recommends approval of Change Order No. 4 for the 911 Operations Center in the amount of$13,427 to N&T Construction Company. BACKGROUND On April 3, 2007 Council awarded the construction contract for the 911 Operations Center to N&T Construction Company of Beaumont in the amount of$2,426,320. This award included Change Order No. 1 for a deduction of$7,680 from the original bid amount of$2,434,000 due to a discount offered by the elevator subcontractor. Change Order No. 2 was authorized by Council on August 14 in the amount of$24,321 for various interior renovations. Change Order No. 3 was authorized on October 9 in the amount of$15,640.50 for additional fire alarm components. Change Order No. 4 includes furnishing and installing additional windows in the south interior wall surrounding the dispatch center. The windows will provide viewing access to the dispatch operation without disrupting the dispatch floor. As part of an educational program, the new Communication Manager plans to arrange group tours for school children and senior citizens to view the dispatch center in operation. Also included in this change order is an overage for the elevator modifications exceeding the allowance and the addition of a wall and door to create an office for the Emergency Management Coordinator. The total cost of Change Order No. 4 is $13,427. This amount will be deducted from the balance of the Contingency Allowance. This will leave a contingency balance of$17,611.50. Because this is being taken from the Contingency Allowance, the amount of the original construction 911 Operations Center/Change Order No. 4 October 10, 2007 Page 2 award will not change. The date of Substantial Completion still remains February 24, 2008. A copy of Change Order No. 4 is attached for your review. BUDGETARY IMPACT As this will be deducted from the Contingency Allowance, there will be no change to the budget for this project. CHANGE MILTON BELL ASSOCIATES, Inc. ORDER 595 Orleans, Suite 711 DfsMbuhbn to: Beaumont, Texas 77701 Owner [xl contractor [xl Tel: 409/838-5378 Fax: 409/838-5017 Architect [xl Field a Consultants 0 Other 0 PROJECT: CONSOLIDATED DISPATCH/EOC CHANGE ORDER NO: FOUR(4) (Name,Address) MUNICIPAL COURTS BUILDING BEAUMONT,TEXAS 77701 INITIATION DATE: 1 OCT 2007 TO(Contractor): N&T CONSTRUCTION ARCHITECT'S PROD NO: 0501 1376 LAUREL AVE. BEAUMONT,TEXAS 77701 CONTRACT FOR: GENERAL CONSTRUCTION CONTRACT DATE: APRIL 6,2007 You are directed to make the following changes in this Contract: The following contract change shall be deducted from the contract contingency allowance: 1. Delete windows"A"from south wall Room#226 and substitute there for windows as noted on Drawing sk-6,and finish walls in Corridor#239 and Room#226 as originally noted. Delete"Pass Window""D"between Rooms#226 and#252, and substitute there for a metal window with 2'-0"x 3'-4"(glazed area),to be glazed with 1/I'clear laminated safety glass,and delete the overhead fire shutter. ADD $ 6,416.00 2. .Add for overage from Elevator Cab interior Allowance. (cost$10,858.00 Less Allowance$10,000.00) ADD $ 858.00 3. Revise Command Area of Room#213,and EOC Room#214 as noted on Drawings SK-5,and SKE-7 ADD 6,153.00 $13,427.00 CONTINGENCY ALLOWANCE $71,000.00 PREVIOUS CHANGE ORDERS (39,961.50) BAL.PRIOR TO THIS C.O. 31,038.50 `r THIS CHANGE ORDER(#4) (13,427.00) q CONTINGENCY BAL REMAINING $17,611.50 '�CS� Not Valid until signed by both the Owner and Architect. at � Signature ofthe Contractor indicates his agreement herewith,including any adjustment in the Contract Sum or Contract Time. se h The original (Contract Sum)(Guaffateed ifiedmum Go ) was..........................................$2,426,320.00 rat' OF `4+P Net change by previously a u t h o r i z e d Change O r d e r s.......................................................$ -0- rO 7 The (Contract Sum)(9mamateed Nlwdmam Go ) prior to this Change Order was.....................$2,426,320.00 The (Contract Sum)( ) will be (inmwe )( )(unchanged) bythis Change O r d e r................................................................................................$ -0- The new (Contract Sum)( ) including this Change Order will be......$2,426,320.00 The Contract Time will be(kwmm )(dewms (unchanged) by (--)Days. The Date of Substantial Completion as of the date of this Change Order therefore is FEBRUARY 24,2008 Authorized: Milton Bell Associates, Inc. N&T Construction The City of Beaumont CONTRACTOR OWNER 595 Orleans, Suite 711 1376 Laurel Avenue, P.O. Box 3827 Address Address Beaumont,TX ,77701 BeaumoxO TV44V Beaumont, TX 77704 BY V W" BY BY DATE /�Q 3 — 7 DATE jo 07 DATE RESOLUTION NO. WHEREAS, on April 3, 2007, the City Council of the City of Beaumont, Texas, passed Resolution No. 07-098 awarding a contract in the amount of$2,434,000 to N & T Construction Company for the construction of the Consolidated Dispatch and Emergency Operations Center; and, WHEREAS, Change Order No. 1 resulted in a deduction of$7,680 due to a discount offered by the elevator contractor, thereby decreasing the contract amount to $2,426,320; and, WHEREAS, Change Order No. 2 to provide for various interior renovations in the amount of $24,321 was subtracted from the $71,000 Contingency Allowance thereby leaving a balance of $46,679 and resulted in no change to the total contract amount of $2,426,320; and WHEREAS, Change No. 3 to provide for furnishing and installing electrical wiring to accommodate the additional requirements for the Fire Alarm System as required by the City of Beaumont Fire Marshall in the amount of$15,640.50, said amount to be deducted from the $46,679 balance of the Contingency Allowance thereby decreasing the balance to $31,038.50 and resulting in no change to the total contract amount of$2,426,320; and, WHEREAS, Change No. 4 in the amount of$13,427, said amount to be deducted from the $31,038.50 balance of the Contingency Allowance thereby decreasing the balance to $17,611.50 and resulting in no change to the total contract amount of $2,426,320, is required to furnish and install additional windows in the south interior wall surrounding the dispatch center, add a wall and door to create an office for the Emergency Management Coordinator, and to provide an overage for the elevator modifications exceeding the allowance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order No. 4. in the amount of$13,427 which will be subtracted from the$31,038.50 Contingency Allowance thereby leaving a balance of $17,611.50. The contract amount will remain $2,426,320. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October, 2007. - Mayor Becky Ames - �r City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 16, 2007 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 14/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a resolution to suspend the effective date of the proposed rate increase requested by Entergy/Gulf States, Inc. 2. Consider authorizing a contract for the construction of a Hike and Bike Trail on property west of Westbrook High School and connecting to property west of the Cris Quinn Soccer Complex 3. Consider rejecting bids received for construction of a Hangar Building at the Beaumont Municipal Airport 4. Consider amending Section 20-34 of the Code of Ordinances to include the appointment of Honorary Ex-officio members to the Convention and Tourism Advisory Commission 5. PUBLIC HEARING: Receive comments and requests relating to six month extensions for occupying FEMA or travel trailers Consider approving an ordinance allowing for a six month extension for occupying a FEMA or travel trailer at 3066 W. Crockett, 1365 Louisiana, 2296 Victoria, 4255 Ironton WORKSESSION * Review and discuss matters relating to the following: • Dilapidated Structures and the Demolition Process • Weed, Junk Motor Vehicle and Litter Violations • Gilbert Building COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * 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 Magistrates Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. 1 October 16, 2007 Consider approving a resolution to suspend the effective date of the proposed rate increase requested by Entergy/Gulf States, Inc. A.. City Council Agenda Item A K TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney<=�' MEETING DATE: October 16, 2007 REQUESTED ACTION: Council consider a resolution to suspend the effective date of the proposed rate increase applied for by Entergy Gulf States, Inc., for an additional ninety (90) days beyond the proposed June 30, 2008, effective date. RECOMMENDATION Administration recommends the adoption of a resolution suspending the effective date of the proposed rate increase applied for by Entergy Gulf States, Inc., for an additional ninety (90) days beyond the proposed June 30, 2008, effective date. BACKGROUND On September 26,2007,Entergy Gulf States,Inc.(EGSI),filed a statement of intent to increase rates with all cities that retain original jurisdiction in the EGSI service area. The company's filing indicated that the company is proposing an annual rate increase of$107.5 million. The average in- city residential customer using 1000 KW hours can expect to pay about $130.21 per month. This is an increase of about$13.62 or 11.7%above current monthly rates. The proposed rate increase of $107.5 million has two component: $64.3 million base rates and$43.2 million of various surcharges for purchased power, franchise fees and other items. EGSI also proposes that all municipal franchise fees be charged (surcharged) to only in-city customers. This means that EGSI's franchise fee proposal would provide a "free ride" to all customers — industrial and residential — using power outside municipal corporate boundaries. Moreover, given that these franchise fees would be spread over fewer customers, the resulting franchise rate increases substantially for ratepayers within the municipalities. The Texas Public Utilities Regulatory Act(PURA)grants cities exclusive original jurisdiction over utility rates. It also provides cities with the authority to suspend the proposed effective date of the rate increase up to an additional ninety (90) days. The application for a rate increase provides for a June 30, 2008, effective date. An extension of this date would allow the EGSI service area cities an opportunity to adequately process the application. Given the size and complexity of the rate proposals, it will take time for the attorneys and consultants to complete their investigation and analysis of the reasonableness of the rate proposal. By Resolution No. 07-025, the Council authorized participation in EGSI rate filings through the EGSI Service Area Cities Steering Committee. I hereby request authority to continue in that participation with the understanding that the Steering Committee will provide direction and guidance to the attorneys and consultants employed to represent the cities. BUDGETARYIMPACT The City of Beaumont is entitled to reimbursement of any reasonable expenses associated with participating in or conducting a rate-making proceeding. We expect that the City of Beaumont will be reimbursed for all expenses incurred in this matter. RESOLUTION NO. RESOLUTION OF THE CITY OF BEAUMONT, TEXAS, AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE FOR AN ADDITIONAL NINETY (90) DAYS BEYOND THE JUNE 30, 2008, EFFECTIVE DATE PROPOSED BY ENTERGY GULF STATES, INC., IN CONNECTION WITH ITS RATE INCREASE APPLICATION ENTITLED"APPLICATION OF ENTERGY GULF STATES, INC., FOR AUTHORITY TO CHANGE RATES AND TO RECONCILE FUEL COSTS," FILED ON SEPTEMBER 26, 2007; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS, REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on or about September 26, 2007, Entergy Gulf States, Inc. ("EGSI"), filed a Statement of Intent with the City to increase electric rates in the EGSI Service Area by $107.5 million per year; and WHEREAS, cities have exclusive original jurisdiction over the rates, operations and services of an electric utility in areas in the municipality pursuant to the Public Utility Regulatory Act §33.001(a); and WHEREAS, the Public Utility Regulatory Act §33.021 requires a local regulatory authority to make a reasonable determination of rate base, expenses, investment and rate of return and retaining the necessary personnel to determine reasonable rates; and WHEREAS, the City's reasonable cost for regulatory expenses in ratemaking proceedings shall be reimbursed by the Electric Utility under Public Utility Regulatory Act §33.023; and WHEREAS, given the complexity of the proposed rate increase and the need to fully review the proposed rate adjustment, it is necessary to suspend the effective date for implementing the proposed rates until at least September 28, 2008, in order to allow the City's rate experts sufficient time to determine the merits of EGSI's proposed rates; and WHEREAS, in order to maximize the efficient use of resources and expertise in reviewing, analyzing and investigating EGSI's $107.5 million rate increase request, City's efforts will be coordinated with similarly situated municipalities through the Entergy Gulf States, Inc., Cities Service Area Steering Committee; and WHEREAS, the City will join with other EGSI service area municipalities in a steering committee in order to coordinate the hiring and direction of counsel and consultants working on behalf of the steering committee and the City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT THAT: Section 1. The statement and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted. Section 2. The effective date of EGSI's proposed rate increase, and the proposed tariffs related thereto, is hereby suspended for an additional ninety(90)days until September 28, 2008, in order to complete the review and investigation by City's experts. Section 3. The City is authorized to join with other municipalities as part of the Entergy Gulf States, Inc., Cities Service Area Steering Committee with the understanding that the steering committee will provide direction and guidance to the lawyers who are representing said cities. Section 4. The City employs the Lawton Law Firm, P.C., to represent the City with regard to the proposed rate increase of EGSI before local and state regulatory authorities and any court of law and authorizes counsel to employ such rate experts as are recommended by the Cities Steering Committee. Section 5. The Steering Committee shall review the invoices of the lawyers and rate experts for reasonableness before submitting the invoices to EGSI for reimbursement. Section 6. City's legal representatives shall have the right to obtain additional information from EGSI through the service of requests for information, which shall be responded to within twenty (20) days of receipt of such requests for information. Section 7. EGSI shall reimburse the City, through the designated representative city of the Steering Committee, for the reasonable costs of attorneys and consultant and expenses related thereto, upon the presentation of invoices reviewed by the Steering Committee. Section 8. The meeting at which this resolution was approved was, in all things, conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 9. This resolution shall become effective from and after its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October 16, 2007. - Mayor Becky Ames - ATTEST: City Clerk 2 October 16, 2007 Consider authorizing a contract for the construction of a Hike and Bike Trail on property west of Westbrook High School and connecting to property west of the Cris Quinn Soccer Complex City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: October 16, 2007 REQUESTED ACTION: Council authorize a contract for the construction of a Hike and Bike Trail. RECOMMENDATION The Administration recommends award of a bid to G & G Enterprises of Orange, Texas in the amount of$756,537 for furnishing all labor,materials,equipment and supplies to construct a concrete recreational hike and bike trail. BACKGROUND The proposed hike and bike trail will be constructed on Drainage District No. 6(DD6)Gulf Terrace Detention Facility located on Phelan Boulevard east of Keith Road. The recreational trail will be accessible from the parking lot on Phelan continuing around the detention pond, along the drainage outfall bank ending at the detention pond on Dishman. The total distance is approximately 2.5 miles. In the base bid,an asphalt roadway was specified with an alternate for a concrete road surface. After analyzing the initial cost and the cost of long term maintenance, it is recommended that the City accept the base bid with the alternate for the concrete roadway. Usage of the trail will be restricted to non motorized transportation. No four wheelers,motorcycles or motor vehicles will be allowed. The trail will be 10 feet wide to provide ample room for pedestrian traffic and cyclists. Three (3) contractors submitted bids for this project and they are as follow: Contractor Base Bid -Asphalt Base Bid with Alternate- Concrete G& G Enterprises $621,618.00 $756,537.00 Bruce's General Construction $785,792.03 $811,913.58 Williamson Construction $788,209.75 No Bid Gulf Terrace Hike and Bike Trail October 11, 2007 Page 2 There is no Minority Business Enterprise participation on this project. Work should commence on or before November 15, 2007 and be completed in 180 days. BUDGETARYIMPACT Funds are available in the Capital Program. RESOLUTION NO. WHEREAS, bids were solicited for furnishing all labor, materials, equipment and supplies to construct a concrete recreational hike and bike trail on Drainage District No. 6 (DD6) Gulf Terrace Detention Facility located on Phelan Boulevard east of Keith Road; and, WHEREAS, G & G Enterprises of Orange, Texas, submitted a bid in the amount of $756,537; and, WHEREAS, City Council is of the opinion that the bid submitted by G & G Enterprises of Orange, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by G & G Enterprises of Orange, Texas, for furnishing all labor, materials, equipment and supplies to construct a concrete recreational hike and bike trail on Drainage District No. 6 (DD6) Gulf Terrace Detention Facility located on Phelan Boulevard east of Keith Road in the amount of $756,537 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October, 2007. - Mayor Becky Ames - 3 October 16, 2007 Consider rejecting bids received for construction of a Hangar Building at the Beaumont Municipal Airport City Council Agenda Item TO: City Council FROM: Kyle Hayes, �City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: October 16, 2007 REQUESTED ACTION: Council rejection ofbids received for construction of Hangar Building at the Beaumont Municipal Airport. RECOMMENDATION The Administration recommends rejecting all bids received for the construction of a new hangar building at the Beaumont Municipal Airport. BACKGROUND On Thursday, October 4, 2007, eight (8) bids were received for furnishing all labor, materials and equipment to construct a new hangar building at the Beaumont Municipal Airport located at 455 Keith Road. The bids ranged from $691,000 to $1,061,000. Administration is requesting that these bids be rejected because the type of fire suppression system was not clearly defined causing bidders to bid various systems that may or may not meet the fire codes specific to this type of facility. Code requirements for fire suppression are specific to the use of the hangar and this information was not provided to all potential bidders. The specifications will be revised and will include the type of fire suppression system required to meet all codes. BUDGETARY IMPACT None. RESOLUTION NO. WHEREAS, bids were solicited for furnishing all labor, materials and equipment to construct a new hangar building at the Beaumont Municipal Airport located at 455 Keith Road; and, WHEREAS, the bidders did not receive a clearly defined type of fire suppression system thereby causing the bidders to submit various systems that may not meet the fire codes specific to this type of facility; and, WHEREAS, the state bidding laws grant to the City of Beaumont the authority to reject any and all bids; and, WHEREAS, City Council is of the opinion that the bids submitted for the construction of a hangar building may not meet the codes due to the type of fire suppression system bid and should be rejected; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bids received for the construction of a hangar building at the Beaumont Municipal Airport are hereby rejected. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October, 2007. - Mayor Becky Ames - 4 October 16, 2007 Consider amending Section 20-34 of the Code of Ordinances to include the appointment of Honorary Ex-officio members to the Convention and Tourism Advisory Commission CU3 1Ci ty Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dean Conwell, Executive Director Beaumont Convention & Visitors Bureau MEETING DATE: October 16, 2007 AGENDA MEMO DATE: October 9, 2007 REQUESTED ACTION: Consider an amendment of Code of Ordinance, Section 20- 34(a), to include the appointment of Honorary Ex-officio members to the Convention and Tourism Advisory Commission. RECOMMENDATION Administration recommends approval to amend Code of Ordinance, Section 20-34(a) to include former members of the Convention and Tourism Advisory Commission be appointed as Honorary Ex-officio members. The amended ordinance should include the following: Those members whose term have expired, who have served as Chairman of the Convention and Tourism Advisory Commission, and would like to remain on the board, will be recommended to the mayor for appointment of Honorary Ex-officio members. The Convention and Tourism Advisory Commission will be composed of not more than six Honorary Ex-officio members without term limits,but will be subject to removal at the will and pleasure ofthe mayor. He or she will serve in an advisory capacity, without compensation or ability to vote. BACKGROUND The Convention and Tourism Advisory Commission is currently composed of 16 members appointed by mayor and council to serve a two-year term, or until a successor is appointed. The members are required to be resident citizens and qualified voters of the city, and are advisory in nature to the city council and the city manager. The members participate in the development ofconvention and tourism goals and objectives, working with the director and staff of the Beaumont Convention and Visitors Bureau. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 20, SEC. 20-34(a), OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 20, Section 20-34(a), of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 20-34. Convention and tourism advisory board. (a) Created; composition; terms; vacancies; compensation. There is hereby created a convention and tourism advisory board to be composed of sixteen (16) members who are resident citizens and qualified voters of the city. The members of the convention and tourism advisory board shall be appointed by the city council from the following occupational specialties or agencies as well as from the community at large: (1) Hotel/Motel; (2) Restaurant; (3) Museum-attraction, (4) Travel; (5) Advertising; (6) Media; (7) Chamber of commerce; and (8) Lamar University. The term of office of each member of the convention and tourism advisory board shall be for two (2) years or until a successor is appointed. Vacancies shall be filled by the city council for the unexpired term. Members of the convention and tourism advisory board shall serve without compensation.All members of the convention and tourism advisory board shall be subject to removal at the will and pleasure of the council. Those members whose terms have expired, who have served as Chairman of the Convention and Tourism Advisory Commission, and would like to remain on the board, will be recommended to the mayor for appointment as Honorary Ex-officio members. In addition to the sixteen (16) members, the Advisory Board shall include not more than six Honorary Ex-officio non- voting members without term limits, who will be subject to removal at the will and pleasure of the mayor. He or she will serve in an advisory capacity, without compensation. Section 2. 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 3. All ordinances or parts of ordinances in conflict herewith, including conflicting portions of the City Budget, are repealed to the extent of the conflict only. Section 4. 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 the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October 16, 2007. - Mayor Becky Ames - 5 October 16, 2007 PUBLIC HEARING: Receive comments and requests relating to six month extensions for occupying FEMA or travel trailers Consider approving an ordinance allowing for a six month extension for occupying a FEMA or travel trailer at 3066 W. Crockett, 1365 Louisiana, 2296 Victoria, 4255 Ironton ti7Lj-1j City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: October 16, 2007 REQUESTED ACTION: Council,after conducting a public hearing,consider approving an ordinance allowing for a six month extension for occupying a FEMA or travel trailer at 3066 W. Crockett, 1365 Louisiana, 2296 Victoria, 4255 Ironton RECOMMENDATION The Administration recommends the following approvals and denials for a six month extension for occupying a FEMA or travel trailer: Approvals 3066 Crockett Jerrie Drew 1365 Louisiana Linda Randolph 2296 Victoria Debra Parrish 4255 Ironton Juanita Parks BACKGROUND On August 21, 2007, City Council approved an ordinance allowing any homeowner that needs to occupy a travel trailer while Hurricane Rita repairs are being made to their home can do so until October 20, 2007. Anyone needing additional time to repair or rebuild their homes must apply to to City Council for a six month extension. In determining eligibility for a six month extension, an applicant must prove one of three criteria: 1. Actively working on home 2. Applied for Disaster Recovery 3. In litigation with insurance carrier. The Planning Manager recommends approval of the four listed based upon the fact that each one met at least one of the three criteria. Recommended by City Manager, Community Development Director and the Planning Manager. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE EXTENDING FOR A PERIOD OF SIX (6) MONTHS THE PARKING, USE AND OCCUPANCY OF RECREATIONAL VEHICLES OR TRAVEL TRAILERS AS TEMPORARY LIVING QUARTERS ON RESIDENTIAL PROPERTY LOCATED AT 3066 CROCKETT, 1365 LOUISIANA, 2296 VICTORIA, AND 4255 IRONTON DURING THE PERIOD OF REPAIR OR RECONSTRUCTION OF DAMAGE TO PROPERTY CAUSED BY HURRICANE RITA; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. WHEREAS, on October 11, 2005, City Council approved Ordinance No. 05-078 allowing for a period of six (6) months the parking, use and occupancy of recreational vehicles ortravel trailers as temporary housing during the period of repair or reconstruction of hurricane-damaged properties; and, WHEREAS, on April 4, 2006, City Council approved Ordinance No. 06-021 granting a six (6) month extension; and, WHEREAS, on September 25, 2006, City Council approved Ordinance No. 06-064 granting a six (6) month extension; and, WHEREAS, on August 21, 2007, City Council approved Ordinance No.07-082 granting an additional six (6) month extension to those citizens occupying FEMA or travel trailers on residential property who are able to establish that they are either actively working on repairing their homes, have applied for disaster recovery or are in litigation with insurance carriers; and WHEREAS, the following property owners have made application for an extension to occupy a FEMA trailer or travel trailer on the residential properties listed below: 3066 Crockett Jerrie Drew 1365 Louisiana Linda Randolph 2296 Victoria Debra Parrish 4255 Ironton Juanita Parks and, WHEREAS, the City Council has determined that it is in the best interest of the City of Beaumont to extend to certain property owners the privilege for an additional six (6) month period to allow recreational vehicles or travel trailers to be occupied on residential property as temporary housing during the period of repair or reconstruction of hurricane- damaged properties: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT it is hereby permitted for an additional period of six (6) months from the effective date of this ordinance the parking, use, and occupancy of recreational vehicles or travel trailers on residential property as temporary living quarters by property owners listed below while the damage to these properties caused by Hurricane Rita is being repaired, disaster recovery relief has been applied for or litigation with insurance companies is being pursued: 3066 Crockett Jerrie Drew 1365 Louisiana Linda Randolph 2296 Victoria Debra Parrish 4255 Ironton Juanita Parks Section 2. It shall be unlawful for any person to park any such recreational vehicle or travel trailer used for purposes of occupancy as temporary living quarters on any street, highway, alley, sidewalk, or other public place in the City of Beaumont. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That any person who 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 16th day of October, 2007. - Mayor Becky Ames - RECOMMENDING APPROVAL 7 I F 1111V�777�1 1. Address: 3066 Crockett Applicant: Jerrie Drew We recommend approval of an extension as the applicant is actively working on her house. 10/10/07 i 2. Address: 1365 Louisiana Applicant: Linda.Randolph We recommend approval of an extension a the applicant has qualified for the Rita Recovery Program through the United Methodist Church. 10/10/07 a i {f 3. Address: 2296 Victoria Applicant: Drora Parrish We recommend approval of an extension as the applicant qualified for the Hurricane Rita Disaster Recovery Program. 10/10/07 4. Address: 4255 Ironton Applicant: Juanita Parks We recommend approval of an extension as the applicant has qualified for the Grant Works Program. 10/10/07 WORKSESSION Review and discuss matters relating to the following: Dilapidated Structures and the Demolition Process • weed, Junk Motor Vehicle and Litter Violations Gilbert Building r CITY OF BEAUMONT •••••• COMMUNITY DEVELOPMENT M, 111793015nm K, INTEROFFICE MEMORANDUM October 10, 2007 TO: Kyle Hayes, City Manager r FROM: Chris Boone, Community Development Director SUBJECT: Workshop on Demolition Process COMMENT: Attached is a flowchart showing the demolition procedure for dangerous structures. Currently there are 421 structures "tagged" as dangerous. Of that number, 96 are enrolled in a work program and 170 are in the process of being awarded to contractors to be demolished. The remainder are scheduled for future City Council meetings for demolition orders. If you need further information on any of these existing or potential programs, please do not hesitate to contact me. Attch. R City of Beaumont Dangerous Structures Condemnation Process Owner January 2005 Contacts City Owner Consents Owner Enters to Demolition Work Program by City (150 days) Substantial Completion Yes No- 60 days to Request obtain CO N Condemnation Order Yes slim, Raze or Repair/Raze Order Raze Repair/Raze Order Order(150 days) Substantial NO— Completion (90 days) Yes No 60 days to obtain CO Yes dim A 8 6� pp 1.t er.� � tub �✓r �d�✓ �� +� wa g� Hwy � f✓ i,��Ji fit. + ww h,� t i a i ��, •.+ ^r + if + rr a,RiN+1 G PB i✓'� 6 � F I� � s� h F qa�"u d4 I� wl ✓ �� ✓�hhq i�r�kNkr n� '{�4 �,� "r S- � x Ux� 7 ��7�,i r ''fir�o-i �+ +� F +�'� �hq� ✓ r4, t,� ��{ ,��w revs �"�� i Program Goals & Objectives ■ Improve the quality of our community by administering a fair and unbiased enforcement program ■ Improve overall visual appearance of city ■ Actively facilitate voluntary compliance ■ Continue to reduce number of citizen complaints concerning ordinance violations [ Code Enforcement Division • Code Enforcement is responsible for enforcement of a variety of municipal codes and ordinances including weeds, litter, junk motor vehicles and general nuisances. • Effective enforcement of codes will enhance the quality of life in our city and help maintain healthy neighborhoods free of unsightly or hazardous conditions. [Staffing • Currently, the division is staffed by nine (9) full time employees which includes five (5) full time Code Enforcement Officers, three (3) clerical support employees and a division manager. • One (1 ) additional Code Enforcement Officer (Public Works Department) is assigned to the Oaks Historic District. Code Enforcement staff works closely with this Officer to achieve common enforcement goals. Enforcement Activities Code Enforcement Officers respond to complaints from citizens, city departments and other agencies. In addition, systematic inspections are performed throughout the city. Currently, the city is divided into six (6) areas with an inspector assigned to each area. The Sr. Code Enforcement Officer, in addition to working an assigned area, assists other Officers in their areas when needed . WARD BOUNDARIES Inspector Areas Ward Boundaries VAT jj, DeKova Lewis ---------------------- Delia Gates Aft Anna Varela MOWN 4 J Oaks Historic District - Terry Randle ---- Lynn Foote \ l Carven Dukes Nom\ [Weed Abatement Privately Owned Lots Yearly notices continue to be issued for privately owned properties found to be in violation of the weed ordinance. Properties that are not brought into voluntary compliance are cut by city contractors. Property owners are billed and in some instances liens are placed on the property and charges are filed in Municipal Court. The majority of privately owned properties cut by the city are vacant lots and many are repeat offenders. [Weed Abatement Privately Owned Lots FY 2007 - Weed Violations Notices Issued: 3,282 Contractor Cuttings : 2,460 A breakdown by Ward is as follows: Wa rd 1 481 Ward 11 232 Ward III 1773 Ward IV 779 -11 . 4 + Contractor costs = $ 110 1158 WEED ENFORCEMENT PROCESS Complaint Received& Investigated Case Closed Yes Property Inspected Notice to Property Violation Contractor Notice Property Violation —Ye Owner For Compliance Abated —N To Mow Re-inspected Property Mowed (10 days) No Property Charges Filed Court Date Property Owner Case Closed Re-Inspected Day Assigned "Probable Cause Billed Contractor Paid Before Court Affidavit' Judge assess fine efendan Violation &orders charges Total Lien Filed on Warrant Issued No� Appears In Yes; —Ye Billing Exceeds —Ye Court Abated for mowing to be $500 Property paid to City No No Judge assesses fine&orders Case Closed Property Owner City of Beaumont Public Health Property Owner to Billed maintain property Code Enforcement Division c [Weed Abatement "Abandoned" / City Lots • "Abandoned" lots (87) 0 Privately owned properties listed on the tax rolls with no known name and / or mailing address • City lots (178) • Properties that are owned by Jefferson County for back taxes • Unimproved street rights-of-way c;, Remnants of city owned properties • The total number of "abandoned" / City lots was significantly reduced in FY 2007 Total mowing costs for 1 ,397 cuttings of these "abandoned" and city lots in FY 2007 = $36,665 Litter Abatement • Charges are filed immediately on property owners of properties not brought into compliance • Non-compliant properties may be cleared by City contractors • Property owners are billed and liens are placed on property FY 2007 - Litter Violations 1 ,374 Notices Issued for private property violations Lots abated by City contractors 52 private lots at a cost of $35,330 12 "abandoned" / City lots at a cost of $10,000 • Texas Industries for the Blind and Handicapped (TIBH) Litter removal on major arterial streets in FY 2007 = $1187777 LITTER ENFORCEMENT PROCESS fiFyi Complaint Received& Investigated Case Closed Yes Inspected Charges Filed Court Date Property Violation —Ye Notice to Propert"Property For Compliance Violation —No-* 'Probable Cause 10 Assigned By 10 Re-inspected Day Owner (10 days) Abated Affidavit' Municipal Court Before Court No Health Hazard/ Property Placed in efendan Case Closed Contractor Paid Property Cleaned Bid Packet/ Warrant Issued No Appears In -+No Violation Contractor Notice Court Abated to Clean Yes Yes Judge Assess Fine Judge Assesses Property Owner Lien Filed on Property Fine&Orders Billed Property Re-inspected &Orders Clean-up Property Owner to &Grants Ext. maintain property IF .�. IF City of Beaumont Public Health Refile Charges No Abated Violation Yes Case Closed Code Enforcement Division � c [Junk Motor Vehicle Abatement • Vehicles not brought into voluntary compliance are identified for pickup • If vehicles are inaccessible for pickup, charges are filed in municipal court FY 2007 — Violations Junk Motor Vehicle Notices issued: 1 ,717 Vehicles towed by City: 123 Contractor Cost: $3,029 JUNK VEHICLE ENFORCEMENT PROCESS ri Complaint Received& Ye Case Closed Ye Investigated Notice to Vehicle Tagged& Property Inspected Lienholder Violation Order of Removal Inspected After 48 Violation Violation —Ye Property&Vehicle For Compliance Abated —N Signed By Judge Hours For Abated Owner (10 days) Compliance No No I Gi Closed City Provides Wrecker Service Yes— Vehicle Can Notices Removes Be Removed No Transfer of Junk Wrecker Service Motor Vehicle to Charges Filed Wrecker Service Invoices City Probable Cause Affidavit" Texas Dept. City of Beaumont Public Health Transportation " Code Enforcement Division Notified Vehicle Municipal Court Removed Case Closed m Issues Decision Beaumont Police Notified Vehicle Removed General Nuisance Abatement woo ■ Charges are filed in Municipal Court for general nuisance violations not brought y into voluntary compliance i 4 FY 2007 - Violations General Nuisance Notices issued: 171 P( r , r, •phi �;, ,i p.+''^ �` � � ''!+E's" :� _ �. "`. [ Statistics - Fiscal Year 2007 1 Notices Ward I Ward 11 Ward 111 Ward IV TOTALS Issued Weeds 481 232 1773 779 31265 Litter 252 103 668 360 11383 Junk Motor 213 117 793 617 11740 Vehicles General 43 15 51 58 167 Nuisances TOTALS 989 467 31285 19814 69555 Environmental Court Activity • An Environmental Court has been established • All environmental cases are brought before the Magistrate on Thursday mornings • Code Enforcement Officers are required to be in Court every Thursday morning to provide testimony on cases Charges filed on 1168 code violations during FY 2007 are as follows: Weeds - 632 Litter - 459 Junk Motor Vehicle - 26 General Nuisance - 51 Summons issued to defendants: 891 Defendants appeared: 367 (42%) $28,637 fines assessed Proactive Enforcement Staff will continue conducting consistent on-going enforcement efforts, therefore establishing a positive and productive presence in every neighborhood. Enforcement activities will continue to be very proactive. When it is observed that there are neighborhoods that need increased enforcement, additional staff is assigned to those neighborhoods. Neighborhood "Sweeps" and Special Projects continue to be conducted in areas where needed. Proactive Enforcement Code Enforcement will also continue to work with property owners to remove fallen trees and debris left from Hurricane Rita and Hurricane Humberto. In some cases, property owners have been unwilling or unable to remove trees from their properties making it impossible to mow the property. Staff will significantly increase junk motor vehicle (JIVIV) enforcement activities this winter and will be reviewing the JMV ordinance. [ Special Projects in FY 2007 • Participated in the Brickyard Neighborhood Association Clean-up � • Coordinated the maintenance of the Hegele Street Cemetery with the Giles State Unit • Participated in a clean-up with the Code Enforcement Association of Texas ■ Conducted "sweeps" in several different areas of the City ■ Staff members have continued to be active participants in Neighborhood Association Meetings Program [ Current Challen es • Continuing to deal with aftermath of Hurricane Rita and Hurricane Humberto • Attempting to "regulate behavior" • Obtaining up to date information on ownership Jefferson County Appraisal District (JCAD) records not updated regularly • Training of a relatively new staff (also a positive) r, ti s r • r �`� �� per- - �, '# i `k•- _ � '. � ,� a�" ��.. � may♦ A �� .: .` y �`: ' 1 y i b ,[ Questions or Comments ? A