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HomeMy WebLinkAboutPACKET FEB 12 2008 .is c City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 12,2008 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Charles E. Heare would be appointed to the Parks and Recreation Advisory Committee. The term would commence February 12, 2008 and expire February 11, 2010. (Councilmember Alan B. Coleman) A) Approve the purchase of the Powerphone Total Response system for 911 dispatching B) Approve the abandonment of an undeveloped 60' right-of-way of 8' Street, south of Corley Avenue to Santa Fe Railroad C) Approve the abandonment of a portion of 6' Street and a portion of an unnamed street, north of Milam, between Blocks 32-34, Columbus Cartwright Subdivision No. 1 D) Authorize the settlement of the claim of Joseph and Jenifer LeDay a/n/f to Jonah Jagneaux, a Minor E) Authorize the settlement of the claim of Brenda Leaven RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following reappointment be made: Beginning Expiration Appointment Commission of Term of Term Charles E. Heare Parks and Recreation Advisory Committee 02/12/08 02/11/10 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of February 2008. - Mayor Becky Ames - A .,..,. City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: February 12, 2008 REQUESTED ACTION: Council consider a resolution approving the purchase of the Powerphone Total Response system for 911 dispatching. RECOMMENDATION Administration recommends the purchase of the Powerphone Total Response call handling system from Powerphone, Inc. of Madison, Connecticut in the amount of$50,400. BACKGROUND Beaumont 911 dispatchers currently utilize the book version of the Powerphone emergency protocol system to provide pre-arrival instructions to 911 callers. The 911 dispatchers receive training coordinated by the South East Texas Regional Planning Commission and Powerphone on the use of the emergency protocol to assist them in handling pre-arrival emergency situations over the phone. The SunGard OSSI Computer Aided Dispatching system purchased for 911 dispatching in 2005 was purchased with an interface into the Powerphone Total Response System. The Powerphone system could not be purchased at that time due to dispatchers needing the training to be coordinated with the completion of the new 911 Operations Center. The Powerphone Total Response system is a computerized version of the emergency protocols designed to provide standardized questioning on emergency incidents, capture information in a manageable format, provide objective response recommendations and priority levels, as well as integrated quality improvement for post call assessments. The system provides the 911 dispatcher with emergency medical protocols to follow to assist the caller in emergency situations such as choking victims, emergency child birth, and numerous other emergency calls that will aid the victim prior to the Emergency Medical Services, Fire, or Police arrival. The computerized version automates and guides the 911 dispatchers based on the emergency situation which eliminates the manual lookup required with the paper system we have today. BUDGETARYIMPACT Funding for this project is available in the Capital Program. Software and Services Cost (1) Single Server License $5,000 (6) Client Licenses $18,900 (1) Emergency Scripts $ 7,500 (1) Quality Assurance Manager $ 3,500 (1) Protocol Builder $ 3,500 (1) Supervisor/Report Writer $ 3,500 (1) Telephony CAD API (OSSI) $ 3,500 (2) Days Installation $ 2,000 (3) 4 hr Training Classes (same day) $750 per class $ 2,250 (1)4hr Supervisor QA Training $ 750 Travel Cost Waived $ 00 Total $50,400 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of the Powerphone Total Response call handling system for 911 dispatching from Powerphone, Inc. in the amount of$50,400 as shown below: Software and Services Cost (1) Single Server License $5,000 (6) Client Licenses $18,900 (1) Emergency Scripts $ 7,500 (1) Quality Assurance Manager $ 3,500 (1) Protocol Builder $ 3,500 (1) Supervisor/Report Writer $ 3,500 (1) Telephony CAD API (OSSI) $ 3,500 (2) Days Installation $ 2,000 (3) 4 hr Training Classes (same day) $750 per class $ 2,250 (1) 4hr Supervisor QA Training $ 750 Travel Cost Waived $ 00 Total $50,400 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of February 2008. - Mayor Becky Ames - B City Council Agenda Item A TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 12, 2008 REQUESTED ACTION: Council consider a request to abandon an undeveloped 60' right-of-way of 8' Street, south of Corley Avenue to Santa Fe Railroad. RECOMMENDATION The Administration recommends approval of a request to abandon an undeveloped 60'right-of- way of 8`h Street, south of Corley Avenue to Santa Fe Railroad. BACKGROUND DD#6 has requested the abandonment of that portion of 81h Street south of Corley and north of the Santa Fe railroad tracks. Candy Melancon, right-of-way secretary for DD#6, states that DD#6 has developed a plan to relieve the flooding in the Corley Cartwright area. Mr. and Mrs. Percy Nash Jr. own Lot 22 and a portion of Block 18. DD#6 owns Lot 6, Block 23. DD#6 intends to buy that portion of Block 18 owned by the Nash's. There is an existing concrete ditch in the east side of the 60' right-of-way. All of this property would be used for the drainage project. This request was sent to all interested parties. No negative responses were received. At a Regular Meeting held January 28, 2008, the Planning Commission voted 5:0 to approve a request to abandon an undeveloped 60'right-of-way of 8`' Street, south of Corley Avenue to Santa Fe Railroad. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING AN UNDEVELOPED 60' RIGHT-OF-WAY OF 8T" STREET, SOUTH OF CORLEY AVENUE AND NORTH OF THE SANTA FE RAILROAD TRACKS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT an undeveloped 60' right-of-way of 8`h Street, south of Corley Avenue and north of the Santa Fe railroad tracks, being that portion of 8 1 Street beginning at the south right-of- way line of Corley Avenue and continuing in a southerly direction to the north right-of-way line of the Sante Fe Railroad right-of-way, City of Beaumont, Jefferson County, Texas, containing 0.08 acres, more or less, as shown on Exhibit"A" attached hereto, be and the same are hereby vacated and abandoned. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of February 2008. - Mayor Becky Ames - r: Consider the abandonment of an undeveloped 60' right-of-way of 86 Street outh of Corley Avenue to Santa Fe Railroad rainage District No. 6 0 50 100 200 Feet R-S Legend ® 724OB 00 r R S R- -4 S 3 aCA CORLEY ST R-S R-S -S CARTWRIGHT ST G -MD - N W EXHIBIT "A" s ....,. City Council Agenda Item •r�r � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 12, 2008 REQUESTED ACTION: Council consider a request to abandon a portion of 6' Street and a portion of an unnamed street, north of Milam, between Blocks 32-34, Columbus Cartwright Subdivision No. 1. RECOMMENDATION The Administration recommends approval of a request to abandon a portion of 6"' Street and a portion of an unnamed street, north of Milam,between Blocks 32-34, Columbus Cartwright Subdivision No. 1. BACKGROUND Candy Melancon, right-of-way secretary for DD#6, has requested the abandonment of portions of 6' Street and an unnamed street. Both rights-of-way are located north of Milam Street in the Columbus Cartwright Addition. Ms. Melancon states that DD#6 has developed a plan to relieve flooding in the Corley Cartwright area of Beaumont. As part of that plan, DD#6 is requesting that these two undeveloped streets be abandoned. DD#6 has recently acquired a portion of Block 32, on the west side of 6" Street. It has also bought Block 33 and a portion of Block 34. Therefore, DD#6 owns the property on both sides of these two rights-of-way. This request was sent to all interested parties. No negative responses were received. At a Regular Meeting held January 28, 2008, the Planning Commission voted 5:0 to approve a request to abandon a portion of 6" Street and a portion of an unnamed street, north of Milam, between Blocks 32-34, Columbus Cartwright Subdivision No. 1. r 7 BUDGETARY IMPACT None. I File 726-0 B: Consider the abandonment of a portion of 6* Street and a portion of an unnamed street. Location: North of Milam, between Blocks 32-34, Columbus Cartwright Subdivision No. l Applicant: Drainage District No. 6 0 50 100 200 Feet Legend ® 7260B GC-MD LI d MILAM ST {y II AM ST LI LI LI ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A PORTION OF 6TH STREET AND A PORTION OF AN UNNAMED STREET, NORTH OF MILAM, BETWEEN BLOCKS 32-34, COLUMBUS CARTWRIGHT SUBDIVISION NO. 1 IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a portion of 6th Street and a portion of an unnamed street, north of Milam, between Blocks 32-34, Columbus Cartwright Subdivision No. 1 as described below: 6th Street Being a 60' wide right-of-way beginning at the north right-of- way line of Milam Street and continuing in a northerly direction for a distance of 467' to the south property line of Lot 73, College Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.64 acres, more or less. Unnamed Street - Being a 60' wide right-of-way beginning a the northwest right- of-way line of the Sante Fe Railroad and continuing in a northerly direction fora distance of approximately 235' to the south property lines of Lots 76 and 77, College Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.33 acres, more or less, as described on Exhibit"A" attached hereto, be and the same are hereby vacated and abandoned. , PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of February 2008. - Mayor Becky Ames - D IIDLJI City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: February 12, 2008 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of Joseph and Jenifer LeDay a/n/f to Jonah Jagneaux, a Minor. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Joseph and Jenifer LeDay a/n/f to Jonah Jagneaux, a Minor. BACKGROUND Council discussed this claim in an Executive Session held on January 15, 2008. BUDGETARY IMPACT There are sufficient funds in the General Liability Fund to pay a settlement amount of$17,500 RESOLUTION NO. WHEREAS, the claim of Joseph and Jenifer LeDay a/n/f to Jonah Jagneaux, a Minor, has been discussed in an Executive Session properly called and held Tuesday, January 15, 2007; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Joseph and Jenifer LeDay a/n/f to Jonah Jagneaux, a Minor, in the amount of Seventeen-Thousand, Five-hundred Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of February 2008. - Mayor Becky Ames - is E ClujCity Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney&� MEETING DATE: February 12, 2008 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of Brenda Leaven. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Brenda Leaven. BACKGROUND Council discussed this claim in an Executive Session held on January 29, 2008. BUDGETARYIMPACT There are sufficient funds in the General Liability Fund to pay a settlement amount of$6,213. RESOLUTION NO. WHEREAS, the claim of Brenda Leaven has been discussed in an Executive Session properly called and held Tuesday, January 29, 2007; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Brenda Leaven, in the amount of Six-Thousand, Two-Hundred and Thirteen Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of February 2008. I - Mayor Becky Ames - A C City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 12, 2008 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition-Receive a report from Southeast Texas Regional Planning Commission * Public Comment: Persons may speak on scheduled agenda items 1, 5-8/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider authorizing the City Manager to execute a contractual agreement with Beaumont Firefighters' Local 399 2. Consider a request for a zone change from RM-H District to GC-MD-2 District and a specific use permit to allow a commercial service/office center at 3825 W. Lucas 3. Consider a request for a specific use permit to allow a beauty shop in an RCR (Residential Conservation and Revitalization)District at 2190 Broadway 4. Consider a request for an HC-L (Historic-Cultural Landmark)Preservation Designation for the house at 1315 Calder 5. Consider approving an ordinance establishing two Neighborhood Empowerment Zones 6. Consider amending Section 7-67 of the Code of Ordinances limiting the hours of commercial garbage container collection 7. Consider approving a contract for the purchase of asphaltic concrete for use in the Streets and Drainage Division 8. Consider approving the purchase of a 2,000 gallon water truck for use in the Parks Department WORKSESSION: Review and discuss the Preliminary Budget of the 2008 Housing and Urban Development(HUD) Consolidated Grant Program's Annual Action Plan PUBLIC HEARING: Receive comments on the Preliminary Budget of the 2008 Housing and Urban Development(HUD) Consolidated Grant Program's Annual Action Plan 9. Consider approving the Preliminary Budget of the 2008 Consolidated Grant Program's Annual Action Plan WORKSESSION: Review and discuss two projects related to the School Sidewalk Program WORKSESSION: Review and discuss a proposed Pavement Management Program 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: World Wide Street Preachers'Fellowship, et al vs. Becky Ames, et al Johnny Hadnot vs. City of Beaumont Lewallen vs. City of Beaumont Claim of Ida Hill 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 February 12,2008 Consider authorizing the City Manager to execute a contractual agreement with Beaumont Firefighters' Local 399 Crl City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: February 12, 2008 REQUESTED ACTION: Council consider authorizing the City Manager to execute a contractual agreement with Beaumont Firefighters' Local 399 RECOMMENDATION Administration recommends approval of authorizing the City Manager to execute a contractual agreement with Beaumont Firefighters' Local 399. BACKGROUND The proposed contractual agreement would be effective upon signing and go through September 30, 2012. Effective upon signing, a 12%wage increase for FY 2008 would be provided to all firefighters. A wage table, attached at the end of the proposed agreement, provides for annual wage increases of 5%, 5%, 4% and 4% in October of each year beginning in 2008. The proposal also provides for the same medical, dental and prescription drug plans to all firefighters under the same terms and conditions as civilian employees. Firefighters with dependents would receive a one-time payment as described on p. 18 of the proposal. Other proposed changes include adding one Holiday for all firefighters; paying one and one half the basic rate of pay for hours actually worked on a holiday; and adding additional vacation days for firefighters with more than 15 years of service. Additionally, the proposal allows the Fire Chief, beginning in January of 2010, the ability to select the Assistant Chief from within the Beaumont Fire Department with the rank of District Chief and above. The proposed contract also changes the basic rate of pay for purposes of computing overtime pay for suppression employees as defined on p. 11. This contract encompasses more than two years of discussions, court proceedings and negotiations between the two parties. We believe this to be a good proposal that provides each parry with what is most important to them while finding a workable solution. BUDGETARY IMPACT Funds to meet the contractual obligations in FY 2008 are available in the FY 2008 Budget. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a labor agreement with the Beaumont Professional Firefighters Local 399 substantially in the form attached hereto as Exhibit"A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of February 2008. - Mayor Becky Ames - i CITY OF BEAUMONT AND BEAUMONT FIREFIGHTERS' LOCAL 399 CONTRACTUAL AGREEMENT UPON EXECUTION - SEPTEMBER 30, 2012 EXHIBIT "A" TABLE OF CONTENTS Page No. ARTICLE I INTENT AND PURPOSE 1 ARTICLE II RECOGNITION 1 ARTICLE III DISCRIMINATION 2 ARTICLE IV MANAGEMENT RIGHTS 3 ARTICLE V GENERAL PROVISIONS 3 ARTICLE VI UNION BUSINESS 4 ARTICLE VII SENIORITY, PROMOTIONS, DEMOTIONS AND TRANSFERS 6 ARTICLE VIII NO STRIKE - NO LOCKOUT 6 ARTICLE IX MAINTENANCE OF STANDARDS 7 ARTICLE X HEALTH AND SAFETY 7 ARTICLE XI SICK LEAVE 8 ARTICLE XII DEATH IN FAMILY LEAVE 9 ARTICLE XIII VACATIONS AND HOLIDAYS 9 ARTICLE XIV PAYROLL DEDUCTION OF DUES 11 ARTICLE XV PENSION 11 ARTICLE XVI BASIC RATE OF PAY 11 ARTICLE XVII EDUCATIONAL INCENTIVE PAY 12 ARTICLE XVIII EDUCATIONAL DIFFERENTIAL PAY 12 ARTICLE XIX CERTIFICATION PAY 12 ARTICLE XX INCENTIVE PAY 13 Pape No. ARTICLE XXI CLOTHING AND CLOTHING 13 MAINTENANCE ALLOWANCE ARTICLE XXII MILEAGE ALLOWANCE 13 ARTICLE XXIII HOURS AND OVERTIME PAY 14 ARTICLE XXIV CALLBACK PAY 15 ARTICLE XXV INDUSTRIAL FIRES 15 ARTICLE XXVI TEMPORARY PROMOTIONS 15 ARTICLE XXVII ENTRY LEVEL HIRING PROCEDURES 16 ARTICLE XXXIII ASSIGNMENT PAY 17 ARTICLE XXIX STANDBY PAY 17 ARTICLE XXX WAGES 17 ARTICLE XXXI INSURANCE 17 ARTICLE XXXII GRIEVANCE PROCEDURE 21 ARTICLE XXXIII COMPLETE AGREEMENT CLAUSE 25 ARTICLE XXXIV NEGOTIATION TO COMMENCE 26 ARTICLE XXXV DURATION OF AGREEMENT 27 ADDENDUM A SCHEDULE OF WAGES THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement is made and entered into by and between the City of Beaumont, a municipal corporation domiciled in the State of Texas, herein referred to as the "EMPLOYER," and Local 399, International Association of Fire Fighters, AFL-CIO-CLC, hereinafter referred to as the "UNION." ARTICLE I. INTENT AND PURPOSE It is the general purpose of this agreement to promote the mutual interests of the EMPLOYER and the UNION; to provide for equitable and peaceful adjustments of differences which may arise; to establish proper standards of wages, hours and other conditions of employment which will provide and maintain a sound economic basis for the delivery of public services; and to provide for the operation of the services delivered by the City under methods which will further, to the fullest extent possible, economy and efficiency of operation, elimination of waste, realization of maximum quantity and quality of output, cleanliness, protection of property and avoidance of interruptions to service. The parties to this agreement will cooperate fully to secure the advancement and achievement of these purposes. ARTICLE II. RECOGNITION Section 1. The EMPLOYER recognizes the UNION as the exclusive bargaining agent for all permanent paid firefighters in the Fire Department, excluding the Fire Chief. The UNION will not be the exclusive bargaining agent for the Assistant Fire Chief Page 1 of 27 beginning January 1, 2010. The Assistant Chief will be chosen by the Fire Chief from the Beaumont Fire Department from the rank of Grade IV—District Chief and above. Under no circumstances shall anyone inside the bargaining unit bargain for themselves or attempt to bargain individually with another bargaining unit member without the written consent of the UNION. In the event that legislation is amended or changed to redefine the composition of the bargaining unit, the parties will comply on the effective date of any such federal or state legislation. Section 2. The UNION recognizes the designated representative or representatives of the EMPLOYER as the sole representative of the EMPLOYER for the purpose of collective bargaining. ARTICLE 111. DISCRIMINATION Section 1. The EMPLOYER agrees not to discriminate against any employee for his activity in behalf of, or membership in, the UNION. The UNION agrees that it will not coerce or intimidate any employee into joining the UNION. The UNION and EMPLOYER recognize that no employee is required to join the Union, but that each employee has the right to choose of his own free will whether he will or will not join the Union. The UNION further agrees that there will be no interference with the free right of any employee of the EMPLOYER to enter and leave its premises and property unmolested and without harassment. Section 2. It is the mutual obligation of the EMPLOYER and the UNION to assure that no employee shall be subject to any discrimination because of race, religion, color, creed, disability, sex, or national origin. Page 2 of 27 ARTICLE IV. MANAGEMENT RIGHTS Except as otherwise specifically provided herein, the management of the City of Beaumont shall have direction of the work force, including but not limited to the right to hire, the right to discipline or discharge for proper cause, the right to decide job qualifications for hiring, the right to lay-off or abolish positions, the right to make rules and regulations governing conduct and safety, the right to determine schedules of work together with the right to determine the methods, processes and manner of performing work, the determination of the size of the work force, the assignment of work to employees within the department, the determination of policy affecting the selection of new employees, the right to establish work performance measurements and standards where no such measurements or standards exist, and to revise these or existing measurements and standards if required and to implement programs to increase the cost effectiveness of departmental operations if research dictates the need for such programs. The above rights are vested exclusively in the EMPLOYER, as are all other rights excluding those rights which are superseded by this Collective Bargaining Agreement and state and federal statutes. ARTICLE V. GENERAL PROVISIONS Section 1. Parking. The EMPLOYER shall provide, without cost, to employees on duty adequate parking space to all Fire Department facilities and fire stations. Section 2. Bulletin Boards. A. The EMPLOYER agrees to provide space for bulletin boards, which may be used exclusively by the Union for the following notices: Page 3 of 27 1. Notices of Union meetings; 2. Notices of Union elections and the result where they pertain to the EMPLOYER's employees; 3. Notices of Union recreational and social events; 4. Other notices concerning Union affairs. B. It is agreed that all other notices, prior to being posted, shall be submitted to the EMPLOYER for its approval. C. It is further agreed that all notices including those posted by the UNION as provided for herein and those posted by the EMPLOYER shall not be mutilated, destroyed, or defaced by the employees. If same should occur, the affected employee shall be subject to disciplinary action. D. The UNION agrees that in no event shall such notices be politically partisan, derogatory or critical of the City, or the City's officers, agents, supervisors, employees, departments, or subdivisions nor shall such notices be derogatory or critical of the services, techniques or methods of the EMPLOYER. E. There shall be no other general distribution or posting by employees or the Union of pamphlets, advertising or political matters, notices, or any kind of literature upon the EMPLOYER's premises other than as herein provided. Section 3. Copies of Agreement. The EMPLOYER agrees to furnish one copy of this agreement to the UNION. ARTICLE VI. UNION BUSINESS Section 1. A written list of Union stewards and other officers and representatives Page 4 of 27 shall be furnished to the Fire Chief immediately after their designation and the UNION shall notify the Fire Chief of any changes provided that the UNION shall not request time off for more than one steward for each shift. Section 2. The UNION President or his designee shall be granted reasonable time off during working hours to investigate and process grievances, to attend civil service, arbitration, or court hearings and to represent Unit employees in disciplinary action provided that the President or his designee shall request permission from the Fire Chief or in his absence his designee. Such permission shall not be withheld except in emergencies. Whenever possible, notification is to be made prior to or at the beginning of a shift. Section 3. Off-duty employees shall not reside or loiter on department premises, but will be allowed to enter the premises for access to their own locker, posting bulletins, processing grievances, delivering notices, or departmental business, provided their presence does not interfere with the operation of the department. Section 4. No more than two (2) members of the UNION negotiating team shall be allowed time off for all meetings which are mutually set by the EMPLOYER and the UNION and for purposes of ratification of labor agreements. Section S. Except as otherwise herein provided, the internal business of the UNION shall be conducted during non-duty hours of the employees involved. Section 6. A. UNION officers and/or elected delegates shall be granted time to attend job- related conferences and seminars without loss of pay. Page 5 of 27 B. Except as provided in Subsection A, the UNION will request the EMPLOYER for time off for any other number of members to attend job-related seminars, which permission may be granted or denied by the EMPLOYER. ARTICLE VII. SENIORITY, PROMOTIONS, DEMOTIONS AND TRANSFERS Section 1. At the completion of an employee's probationary period, continuous service for purposes of seniority shall date from the first day of employment for Grade I. Seniority shall be from date of promotion in all other grades. Section 2. Lateral transfers within the department will be made by the EMPLOYER on the basis of seniority unless there are overriding merit considerations. The EMPLOYER shall post and maintain a list of vacated positions for a period of at least ten (10) days. Vacated positions may be temporarily filled for such periods. Applications for vacated positions shall be submitted in writing to the Chief. ARTICLE VIII. NO STRIKE - NO LOCKOUT Section 1. The UNION agrees that during the term of this agreement, it will not authorize, ratify, encourage, or otherwise support any strikes, slow-downs, picketing on the EMPLOYER's premises, or any other form of work stoppage or interference with the business of the City, and will cooperate with the EMPLOYER in preventing and/or halting any such action. The EMPLOYER agrees that it will not authorize, ratify, encourage, or otherwise support any lockout during the term of this agreement. Section 2. The EMPLOYER shall have the right to impose penalties in accordance with Texas Local Government Code, Section 174.205, for violation of Article VIII, Section 1, above. Page 6 of 27 ARTICLE IX. MAINTENANCE OF STANDARDS Section 1. Nothing contained in this agreement shall be construed as repealing any lawful recognized benefit provided through the department for employees of the department, and no employee shall inadvertently suffer any loss of wages, hours or working conditions by reason of the signing of this agreement. Section 2. All terms and conditions which are of benefit to employees now in effect which are not specifically provided for in this agreement or which have not been replaced by provisions of this agreement shall remain in effect for the duration of this agreement, unless mutually agreed otherwise between the EMPLOYER and the UNION. ARTICLE X. HEALTH AND SAFETY Section 1. Intent. It is the intent of the EMPLOYER and the UNION to maintain the highest standards of safety and health in the Fire Department, and to eliminate, as much as possible, accidents, injuries, illness and death in the fire service. Section 2. Health and Safety Committee. A. There shall be established a joint UNION-EMPLOYER health and safety committee, consisting of an equal number of the UNION and the EMPLOYER representatives, of not less than two (2) nor more than four (4) each. B. The joint committee shall meet on the second Tuesday of each month or more often as mutually agreed for the purpose of jointly considering, inspecting, investigating and reviewing health and safety conditions and practices and investigating Page 7 of 27 accidents, and for the purpose of effectively making constructive recommendations with respect thereto. C. All matters considered and handled by the committee shall be reduced to writing and joint minutes of all meetings of the committee shall be made and maintained and two copies thereof shall be furnished to the UNION. A copy of all such reports or minutes shall be posted by the EMPLOYER at all work sites for at least thirty (30) days. D. Time spent in committee meetings by the UNION representatives, on duty, including walk-around time during joint inspections and investigations, shall be considered and compensated for as regularly-assigned work. Time spent in committee meetings by the UNION representatives while off-duty shall not be compensated. E. The joint committee shall have the power to recommend safety improvements to the Fire Chief, including target dates, where appropriate. In the event the committee recommendations are not effected by the target dates agreed upon, the committee has the prerogative to refer its recommendation(s) to the City Manager. Section 3. Heart Chest Exam. The EMPLOYER agrees to provide each unit employee a chest X-ray and examination for heart defects once each year and to forward the results to the employee upon request of the employee. ARTICLE XI. SICK LEAVE Section 1. The accumulation and payment of sick leave shall be in accordance with Section 143.045 of the Local Government Code with the addition that sick leave may Page 8 of 27 be used for any bonafide illness of a member of the Union employee's immediate family living in the same household. Section 2. Family and Medical Leave Act. The Family and Medical Leave policy set out in the City of Beaumont Policies and Procedures Manual shall apply to the employees in the Fire Department. ARTICLE XII. DEATH IN FAMILY LEAVE In the event of a death in the immediate family of an employee, the employee shall be granted up to four (4) days (2 shifts) off with pay. The immediate family shall be defined as spouse, children, step-children, mother, step-mother, father, step-father, grandparents, grandchildren, brother, step-brother, sister, step-sister of the employee or the employee's spouse. ARTICLE XIII. VACATIONS AND HOLIDAYS Section 1. Holidays. A. The following holidays will be recognized: New Year's Day Good Friday Easter Sunday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Friday after Thanksgiving Christmas Day Martin Luther King, Jr. Day B. Employees required to work on a holiday will be paid one and one half the basic rate of pay for hours actually worked on the holiday. Employees required to work on Page 9 of 27 a holiday, or employees whose day off falls on a holiday shall have one (1) day for each such holiday added to their annual vacation. Section 2. Vacations. Employees in the Fire Department shall earn 1 % vacation days for each month worked during the given year. All vacation time earned in a calendar year must be taken in the following calendar year. Firefighters with 15 to 23 years of service will receive an extra two (2) days for a total of seventeen (17) days of vacation per year. Firefighters with twenty-four (24) years or more of service will receive a total of twenty-one (21) days of vacation per year. A. For the purposes of this section, one (1) shift equals two (2) days. B. The EMPLOYER will develop an annual vacation schedule of seventeen(17) cycles. The EMPLOYER shall determine the number of employees in each grade on each shift who may schedule vacations in any one cycle. Based upon seniority in grade, each employee shall choose one vacation cycle. After each employee has selected one cycle, each employee shall choose a second vacation cycle. If manpower permits, an employee may, upon his request, take two (2) vacation days (one shift) with approval of his Deputy Chief. Section 3. Persona! Leave Days. Each member of the bargaining unit with ten (10)years of service shall receive one (1) personal leave day per calendar year. Each member with twenty(20)years of service shall receive two (2) personal leave days per calendar year. Personal leave days may be scheduled in conjunction with vacation days. Page 10 of 27 ARTICLE XIV. PAYROLL DEDUCTION OF DUES The EMPLOYER agrees to deduct, once each month, dues and assessments, in an amount certified to be current by the Treasurer of the UNION, from the pay of those employees who individually request, in writing, that such deductions be made. The total amount of deductions shall be remitted, each month, together with the names of the employees from whom dues have been collected, by the EMPLOYER to the Treasurer of the UNION. This authorization shall remain in full force and effect during the term of this agreement. The EMPLOYER shall forward to the UNION a copy of all authorizations or cancellations of voluntary deduction of UNION dues by employees in the unit. ARTICLE XV. PENSION The EMPLOYER shall contribute to the pension fund an amount equal to thirteen percent (13%) of each employee's salary. ARTICLE XVI. BASIC RATE OF PAY "Basic rate of pay,"for the purposes of computing overtime pay(including callback pay), for employees assigned to a forty (40) hour work week, equals annual base wages divided by 2,080 hours. "Basic Rate of Pay," for purposes of computing overtime pay (including call back pay)for"suppression employees,"equals annual base wages divided by 2,496 hours. Overtime shall be paid at the rate of 11h each employee's "basic rate of pay" for overtime purposes. Overtime shall be paid in compliance with the Federal Fair Labor Standards Act. Page 11 of 27 ARTICLE XVII. EDUCATIONAL INCENTIVE PAY Any member of the bargaining unit who earns an Associate Degree, Fire Technology, shall receive one payment of$200 as an educational incentive. ARTICLE XVIII. EDUCATIONAL DIFFERENTIAL PAY Section 1. Any full-time employee of the Fire Department approved by the City Manager to enroll in a course will be reimbursed by the EMPLOYER for all books, and fee costs related to the approved course upon proof of having completed the course with a grade of"C" or better. Section 2. The course work must relate to the applicant's present position for the purpose of: 1. Improving skills or knowledge required in the employee's present position. 2. Preparing the employee for significant technological changes occurring in his career field. 3. Preparing the employee for assumption of new and different duties. Section 3. Upon completion of course work for which the employee has received reimbursement from the EMPLOYER for books and fee costs,the employee must remain in the service of the EMPLOYER for one (1) year; otherwise all sums paid by the EMPLOYER must be reimbursed by the employee to the City. ARTICLE XIX. CERTIFICATION PAY Any member of the bargaining unit who holds or earns an Intermediate, Advanced or Master Fire Fighter Certificate shall receive payments of sixty dollars ($60), one Page 12 of 27 hundred dollars ($100) and one hundred fifty dollars ($150) per month. A member of the bargaining unit will only be paid for one of the above certificates. ARTICLE XX. INCENTIVE PAY Section 1. All employees, except the training officer, who teach in the basic fire academy shall receive incentive pay in addition to any other compensation to which they may be entitled at the rate of ten dollars($10.00) per hour for time actually spent teaching. Section 2. All team members of the following respective teams shall receive incentive pay as follows: A. Haz-Mat Team: Team Leader: $60 per month. Team Member: $50 per month. B. Dive Team: All Members: $50 per month. C. Breathing Apparatus Technicians: $25 per month. ARTICLE XXI. CLOTHING AND CLOTHING MAINTENANCE ALLOWANCE All employees of the bargaining unit shall receive a clothing allotment annually of regulation uniforms. All employees in the bargaining unit shall receive a clothing and clothing maintenance allowance of thirty-five dollars ($35.00) per month. ARTICLE XXII. MILEAGE ALLOWANCE Section 1. The Department shall transport all personnel who are transferred between fire stations on a temporary basis. This provision does not apply to personnel who are notified of changes prior to reporting for duty. Section 2. Car allowances shall be in accordance with the prevailing City rate of civilian employees. Page 13 of 27 ARTICLE XXIII. HOURS AND OVERTIME PAY Section 1. A. Suppression employees shall work shifts of twenty-four (24) hours on duty followed by forty-eight (48) hours off duty. Each employee working such shifts shall receive one (1) twenty-four (24) hour shift off during each three (3) weeks. B. "Suppression employees" are those employees permanently assigned to a piece of fire apparatus and the Deputy Chiefs. This provision shall not prevent the permanent or temporary assignment of any employee to a forty (40) hour work week so long as the employee is not at the same time assigned to a piece of fire apparatus. C. All personnel assigned to forty (40) hour work weeks consisting of five (5) eight (8) hour days or four(4) ten (10) hour days shall receive assignment pay in addition to any other compensation to which they may be entitled at the rate of one hundred dollars ($100) per month. Section 2. A. If the UNION prevails in the Joint Dispatch Grievance, the language as lined through below will remain in the 2008 contract. If the City prevails in the Joint Dispatch Grievance, the lined through language below will not be included in the 2008 contract. [CommuniGation DiOsi employees shal I wc)Fk twelve(12)hour shifts, altemating between night and day.xhiTfcs. Day shifts will . DispatGheFS will veFage forty two (42) hours peF week. Tvr vaGation and SiGk leave purposes, one (1) twelve (12) heur shift will equal Gne (1) day. VaGatiGlls will be PiGked Page 14 of 27 B The Chief of CommuniGations and the Assistant CommuniGations Off iGeF work four (4) ten (10) heuF shifts fFE)m 7:00 O'GIE)Gk a.m. tO 5:00 O'GIC)Gk p.FA., aVeFagiRg forty (40) hours per week. - The Chief of COMMURiGation6 and the Assistant CornrnunGatmons OffiGeF will also F8Gei— ---,--rnent pay in addition to any et GOMPeRsation te whi ey may be entitled at the rate ef one hundred dellaFs ($100) per ti-Fei-t h ARTICLE XXIV. CALLBACK PAY All employees covered by the terms of this agreement who are called back to work from off-duty shall be guaranteed the right to work at least two (2) hours minimum at 11/2 times the regular rate of pay. ARTICLE XXV. INDUSTRIAL FIRES All firefighters responding to calls to industrial plants or storage facilities containing hazardous materials outside the city (whether on duty or if called from off duty), and all certified divers from the time called out until released, shall be paid double time, i.e. twice their basic hourly rate. Such double-time pay shall exclude any other overtime pay that might otherwise be applicable. ARTICLE XXVI. TEMPORARY PROMOTIONS Section 1. Where a firefighter is absent, thus creating a vacancy, for three (3) or more hours, all temporary promotions necessitated by the vacancy are automatic. Byway of example, if a Grade 3 is absent for a shift, the Grade 2 at the same station is promoted for the entire shift, and one (1) Grade 1 at the station is promoted to Grade 2. Page 15 of 27 Section 2. Temporary promotions do not automatically occur to fill a vacancy created by a firefighter's absence of less than three (3) hours. However, temporary promotions are automatic for persons assigned to a unit that is called to respond to an incident during the period a firefighter on the unit is absent. Section 3. A firefighter who performs the duties of the next higher classification due to a vacancy caused by another firefighter's absence is entitled to the base salary of the higher position together with the firefighter's own longevity or seniority pay, educational incentive pay, and certification pay during the time the employee performs the duties of the higher position. Section 4. A firefighter who is temporarily promoted due to the absence of another firefighter is expected to perform the duties of the higher position during the entire time of the temporary promotion. ARTICLE XXVII. ENTRY LEVEL HIRING PROCEDURES The UNION agrees that the EMPLOYER shall have the right to establish entry level selection procedures for Grade I firefighters. Modifications to existing entry level selection procedures shall be brought to the attention of the UNION ten (10) days prior to implementation. In establishing entry level selection procedures for Grade I firefighters, the EMPLOYER shall not be bound by or subject to the entry level hiring procedures set forth in Chapter 143, Local Government Code. However, the EMPLOYER agrees to indemnify, defend and hold harmless the UNION, to the maximum extent allowed by law, in any litigation filed against the EMPLOYER and/or the UNION concerning entry level selection procedures implemented by the EMPLOYER under the authority of this Section. Page 16 of 27 ARTICLE XXVIII. ASSIGNMENT PAY All personnel assigned to forty (40) hour work weeks consisting of five(5)eight(8) hour days shall receive assignment pay in addition to any other compensation to which they may be entitled at the rate of one hundred dollars ($100.00) per month. ARTICLE XXIX. STANDBY PAY When arson investigators are officially designated standby duty, the member shall receive one (1) hour of pay at straight time for every eight (8) hours of standby or any fraction thereof, plus any overtime pay (at normal overtime rates) when called out. ARTICLE XXX. WAGES Section 1. Upon execution of this agreement, the EMPLOYER will provide for base wages as attached in Addendum A. ARTICLE XXXI. INSURANCE Section 1. Life Insurance. The EMPLOYER shall provide all employees with life insurance and accidental death and dismemberment coverage in an amount equal to one (1) times an employee's annual base wage, up to a maximum of$50,000. Section 2. Medical, Dental and Prescription Druq Plans. A. The EMPLOYER will provide the same medical, dental and prescription drug plans to all firefighters under the same terms and conditions as civilian employees. Contributions to the plans by firefighters shall be monthly premiums paid in the same amounts and under the same terms and conditions as civilian employees. Upon execution Page 17 of 27 of this agreement, firefighters with one dependent enrolled on the City's medical plan, as of January 1, 2008, will receive a one-time payment of $900.00. Firefighters with two dependents or more enrolled on the City's medical plan, as of January 1, 2008,will receive a one-time payment of$1,200.00. Beginning January 1, 2009, the City may increase the monthly premium rates (medical or dental)for firefighters by the same percentage increase of the monthly premium rates of civilian employees in a plan year, not to exceed twelve and one half percent (12.5%) per plan year. Section 3. Retiree Medical Insurance Program A. During the term of this agreement, Employer will provide medical coverage for firefighters retiring or becoming disabled and their dependents after April 1, 1984, subject to the provisions of Sections 3.C. through 3.H. hereof inclusive. B. EMPLOYER is authorized to receive from each retiree, as a condition of receiving retiree medical coverage, a signed statement acknowledging that both the contribution rate (premium) and hospital/medical ital/medical covers es of the retiree insurance may ) P 9 Y change in the future. C. Retired or disabled firefighters may participate in the program only if they are eligible for retirement or disability benefits under the Fireman's Relief and Retirement Fund of Beaumont, Texas. Only those individuals who are considered eligible dependents of the disabled/retired firefighter at the time of retirement shall be eligible for continued medical coverage. The disabled/retired firefighter shall not add/change(except drop)a dependent while covered under this medical plan. D. Any firefighter who retires or becomes disabled and has a spouse who is employed with the City may become a dependent of the spouse along with other eligible Page 18 of 27 dependents under the City's group medical plan. However, the retired or disabled firefighter shall make application at least thirty-one (31) days prior to the spouse's termination date to the City to institute his/her eligibility for retiree coverage. The spouse and eligible dependents will be allowed to become dependents of the retiree in accordance with the provision of this amendment. Upon retirement, the retiree will be required to complete and sign a "Delayed Participation In Retiree Medical Coverage" Form. "If a participant's contribution rate status as set out in 3.G. hereof changes, the new rate will be put into effect on the first day of the month following the month in which the contribution rate status changed. E. Coverage provided shall be the same as that provided members of the bargaining unit. However, if the EMPLOYER, the UNION and retirees and disabled firefighters and their dependents agree, alternative medical insurance programs at different rates and at different levels of coverage may be provided. F. Retired and disabled individuals and their dependents participating in the plan created herein are required on or before age 65, if eligible, to enroll for both Part A, Hospital Insurance, and Part B, Supplementary Medical Insurance, under the U.S. Government Medicare Program. Upon qualification for the Medicare Program, the participant will be excluded from the program herein established. Failure to become a subscriber as required herein will result in the participant's immediate exclusion from the program herein established. If a participant is not eligible for Medicare, the participant may continue coverage under this medical plan. Eligible dependent children may continue coverage under this medical plan after their parents are no longer eligible in accordance with the definition of "dependent" as listed in the summary plan document. Page 19 of 27 G. A participant who would otherwise be required to leave the program herein established as provided by 3.F. above may remain on the program if supplemental Medicare insurance without proof of insurability is not available at that time. Such participants must, however, leave the program when such supplemental Medicare insurance for which they are qualified is available. EMPLOYER will make its best efforts to obtain and provide information to retirees concerning the availability of such supplemental insurance. The cost of any such supplemental insurance will be paid for by the participant. H. The participant's monthly contribution rate for medical insurance will be as follows: Single Rate - $150 Single + 1 dependent - $200 Family - $250 Those participants who retired between the dates of April 1, 1984, and January 31, 1992, shall pay the rates listed above and shall have no increase in contributions until such time as they leave the plan. I. Those who retired on or after February 1, 1992, may be subject to an annual increase in contribution. The increase will be effected in accordance with the labor agreement. The single rate will be established at 69% of the COBRA rate on January 1 st annually. The single +1 dependent rate will be established at 58% of the COBRA rate and the family rate will be established at 54% of the COBRA rate. Subject to paragraph 3.G. hereof, eligible spouses and dependents may remain on the plan at the above-established rates. Page 20 of 27 Section 4. Retirement Health Savings Plan. Firefighters shall be offered the ICMA's Retirement Health Savings Plan as offered to civilian employees. ARTICLE XXXIL GRIEVANCE PROCEDURE Section 1. The purpose of this grievance procedure is to establish effective machinery for the fair, expeditious and orderly adjustment of grievances. A grievance is defined as any dispute, claim, or complaint involving the interpretation, application or alleged violation of any provision of this agreement, or the discipline, discharge, or demotion for disciplinary purposes of any employee represented by the UNION. A. An employee who has a grievance concerning disciplinary action as defined in Section 1 of this article may choose to file his/her appeal/grievance through either the contract grievance procedure or through the provisions of TLGC 143 (Civil Service), but not both. B. Grievances may be filed by the UNION, the EMPLOYER or any bargaining unit employee. The EMPLOYER agrees to allow the UNION grievance committee access to a suitable location for grievance committee meetings. Section 2. A. Any member who is aggrieved shall file a written report giving the nature and details of the incident which led to his grievance with the UNION's grievance committee. The report must be submitted within fifteen (15) calendar days of the date upon which the member knew of or should have known of the occurrence, or occurrences in the event that Page 21 of 27 the grievance alleges a pattern or practice of the EMPLOYER in violation of this agreement, giving rise to the grievance. B. A grievance not brought to the attention of the UNION grievance committee within the time limit described shall not be considered timely and shall be void. C. The time limitations described in Sections 2 and 3 herein are of the essence of this agreement but may be waived by mutual agreement in writing by the aggrieved (whether member or the UNION) and the City Manager or the Fire Chief. D. Any member who is aggrieved shall submit his grievance within the time limitations specified above to the UNION's grievance committee. Within fifteen (15) calendar days of receipt of the grievance, the committee shall determine if a valid grievance exists. If, in the opinion of the committee, no grievance exists, the committee shall notify the member and no further action shall be taken. E. If the grievance has not been resolved within seven (7) calendar days after the expiration of the 15 day period provided for the Union grievance committee to make a decision, the committee or its representative shall, with or without the physical presence of the aggrieved member, present the grievance in writing to the office of the Fire Chief for adjustment, provided that written notice of grievances shall suffice in the case of individual disciplinary grievances. F. If within seven (7) calendar days, after the grievance has been received by the Fire Chief, it has not been settled, the committee or its representative shall have seven (7) days to submit it to the office of the City Manager for adjustment, provided that written notice of the grievance shall suffice in the case of individual disciplinary grievances. Page 22 of 27 G. If within seven (7) calendar days after receipt by the City Manager, the grievance has not been settled, the committee or its representative shall have seven (7) calendar days in which to make a written request to the office of the City Manager that the grievance be submitted to arbitration. Section 3. Grievances submitted by the UNION shall be submitted to the Fire Chief in writing within fifteen (15) calendar days from the date upon which the UNION knew or should have known of the occurrence or occurrences giving rise to the grievance. A. If within seven (7) calendar days after receipt of the grievance by the Fire Chief the grievance has not been settled, the committee or its representative shall submit it to the City Manager for adjustment. B. If within seven (7) calendar days after receipt of the grievance by the City Manager the grievance has not been settled, the committee or its representative shall have seven (7) calendar days in which to make a written request to the City Manager that the grievance be submitted to arbitration. Section 4. Employer Grievances. A. If the EMPLOYER is aggrieved, it shall file a written report giving the nature and details of the grievance to the UNION's grievance committee. The report shall be submitted within fifteen (15) calendar days of the date upon which the EMPLOYER knew or should have known of the occurrence or occurrences giving rise to the grievance. B. If the grievance has not been resolved within fifteen (15)calendar days after presentation to the UNION's grievance committee, the EMPLOYER shall have seven (7) additional days within which to make a written request to the UNION's grievance committee Page 23 of 27 that the grievance be submitted to arbitration. Unless the grievance is resolved, it shall be submitted to arbitration in accordance with Section 5 hereof. Section 5. Arbitration. A. In the event the parties cannot agree upon an arbitrator, either party may request the Federal Mediation and Conciliation Service or the American Arbitration Association to provide a list of arbitrators in accordance with its selection rules. Either party shall have the right to reject the list submitted by the Service. In that event, the service will be requested to submit another list. The parties shall, within seven (7) calendar days, select an arbitrator from the list. The arbitrator shall conduct a hearing within thirty (30) days from his appointment. The arbitrator shall render his decision within fifteen (15) days from conclusion of the hearing. B. The powers of the arbitrator shall be limited as follows: 1. He shall have no power to add to, subtract from, or modify any of the terms of this agreement. 2. He shall deal only with the grievance or grievances which occasioned his appointment. C. The decision of the arbitrator, if within the scope of his authority, shall be final and binding upon the parties. D. Costs and expenses for the services of the arbitrator shall be shared equally by the UNION and the EMPLOYER. Either party desiring a transcript of the arbitration hearing shall be responsible for the cost of such transcript. Page 24 of 27 ARTICLE XXXIII. COMPLETE AGREEMENT CLAUSE Section 1. A. The parties hereto acknowledge that during negotiations which resulted in this agreement, each had unlimited right and opportunity to make proposals with respect to all proper subjects of collective bargaining, and that all such subjects have been discussed and negotiated upon, and the agreements herein contained were arrived at after free exercise of such rights and opportunities; therefore, the EMPLOYER and the UNION, for the term of this agreement, each voluntarily and unqualifiedly, waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this agreement. B. It is specifically provided that there shall be no further negotiations except by mutual agreement of any subjects above mentioned. C. The parties agree that the UNION, by its signing of this agreement, does not agree or admit that the EMPLOYER's ability to pay is an appropriate factor to be considered in negotiations, arbitration, or litigation to determine compensation and other terms and conditions of employment of members of the bargaining unit. The parties further agree that the UNION, by its signing of this agreement, does not agree or admit that the compensation and other terms and conditions of employment provided herein are in compliance with the requirements of Section 174.021, Local Government Code. Section 2. The UNION and the EMPLOYER agree that this agreement is intended Page 25 of 27 to cover all matters affecting wages, hours, and other terms and conditions of employment and similar or related subjects. During the term of this agreement, neither the EMPLOYER nor the UNION will be required to negotiate on any matters affecting these or other subjects not specifically set forth in this agreement. Section 3. All modifications of this agreement must be made in writing and signed by both the EMPLOYER and the UNION before such modifications shall become effective. Section 4. If any article or section of this agreement or any provision should be held invalid by operation of law, or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such tribunal pending final determination as to its validity, the remainder of this agreement shall remain in full force and effect and shall not be affected thereby. Section 5. This agreement shall be binding on the parties hereto and their successors and assigns. ARTICLE XXXIV. NEGOTIATIONS TO COMMENCE "Collective bargaining," as that term is used in Local Government Code, Section 174.105, shall be deemed to have commenced on the earlier of July 1 or the date the parties first meet formally for the purpose of negotiation. Page 26 of 27 ARTICLE XXXV. DURATION OF AGREEMENT This Agreement shall be effective upon signing and shall remain in full force and effect until the 301h day of September, 2012. This Agreement shall continue in effect after September 30, 2012, until superseded by a new agreement; provided that, unless agreed to in writing by the parties, this Agreement shall not continue in effect after September 30, 2013. The City presently intends to continue this Agreement each fiscal year through the end of its term, to pay all payments due, and to fully and promptly perform all of the obligations of the City under this Agreement. All obligations of the City shall be paid only out of current revenues or any other funds, lawfully available therefor and appropriated for such purpose by the City Council, in compliance with the Texas Constitution, Article XI, Sections 5 and 7. CITY OF BEAUMONT By: ATTEST: INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 399 By: ATTEST: Page 27 of 27 ADDENDUM A SCHEDULE OF MONTHLY WAGES EFFECTIVE EFFECTIVE EFFECTIVE EFFECTIVE EFFECTIVE UPON SIGNING 10/01/08 10/01/09 10/01/10 10/01/11 GRADE I - FIREFIGHTER Start to 1 year 3,500 3,675 3,859 4,013 4,174 1 year to 3 years 4,162 4,148 4,355 4,529 4,711 3 years to 5 years 4,337 4,322 4,538 4,719 4,908 5 years to 7 years 4,429 4,414 4,634 4,820 5,012 7 years to 10 years 4,473 4,458 4,681 4,868 5,063 10 years to 15 years 4,563 4,548 4,775 4,966 5,165 15 years or more 4,653 4,637 4,869 5,064 5,266 GRADE II - DRIVER/OPERATOR Start to 2 years 4,932 4,916 5,161 5,368 5,583 2 years or more 5,030 5,013 5,264 5,475 5,693 GRADE III - CAPTAIN Start to 2 years 5,317 5,299 5,564 5,787 6,018 2 years or more 5,501 5,483 5,757 5,987 6,226 GRADE IV- DISTRICT CHIEF 5,978 5,958 6,255 6,506 6,766 GRADE V- DEPUTY CHIEF 6,449 6,427 6,748 7,018 7,299 GRADE VI -ASSISTANT CHIEF 6,831 6,808 7,148 - - Note - The first column reflects a 12% wage increase over current wages paid out over an eight (8) month period. The second column, or wages effective October 1, 2008, will actually decrease slightly as a result. 2 February 12, 2008 Consider a request for a zone change from RM-H District to GC-MD-2 District and a specific use permit to allow a commercial service/office center at 3825 W. Lucas ti ..,... City Council Agenda Item 12 Can I I I])• K, TO: City Council FROM: Kyle Hayes, City Manager GSA PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 12, 2008 REQUESTED ACTION: Council consider a request for a zone change from RM-H District to GC-MD-2 District and a specific use permit to allow a commercial service/office center at 3825 W. Lucas. RECOMMENDATION The Administration recommends approval of a request for a zone change from RM-H District to GC-MD-2 District and a specific use permit to allow a commercial service/office center at 3825 W. Lucas. BACKGROUND Mr. and Mrs. Mark Johnson have requested a zone change from RM-H (Residential Multiple Family Dwelling-High Density)District to GC-MD (General Commercial-Multiple Family Dwelling)District or more restrictive district and a specific use permit to allow a commercial service/office center. The property is located at 3825 W. Lucas. The Johnson's state that they would like to construct a 7,100 sq. ft. commercial center to house Ms. Johnson's after-school math and reading program for children and other service and office oriented businesses. The proposed building will include the 2,100 sq. ft. space for Ms. Johnson and five 1,000 sq. ft. rental spaces. Mr. Johnson states that the existing house was badly damaged by Hurricane Rita and has been abandoned since the storm. The house has been on the market for a number of years. In 2003, a zone change request was denied for the subject property. At that time, staff's recommendation was based upon the fact that since the property was zoned RM-H, a number of office uses could be permitted with a specific use permit. However, the proposed tutoring service is not permitted in the RM-H District. GC-MD-2 will provide the same protection as RM-H since specific use permits will be required. Staff feels that the property is no longer conducive for single family use. The properties to the east and south of the subject property are zoned GC-MD and used for commercial purposes. r At a Joint Public Hearing held January 28, 2008, the Planning Commission voted 5:0 to approve a request for a zone change from RM-H District to GC-MD-2 District and a specific use permit to allow a commercial service/office center at 3825 W. Lucas. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGH DENSITY) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 3825 W. LUCAS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned RM-H (Residential Multiple Family Dwelling-High Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 3825 W. Lucas, being Plat D-22, Tract 131, F. Bigner Survey, City of Beaumont, Jefferson County, Texas, containing 0.33 acres, more or less, as shown on Exhibit "A," and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or hrase of this ordinance or the P , application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of February 2008. - Mayor Becky Ames - He 26- : Request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD(General Commercial-Multiple Family Dwelling) District or more restrictive district and a specific use permit to allow a commercial retailloffice center. Location: 3825 W. Lucas 0 100 200 Feet Applicant: Mark Johnson Legend ® 1926ZP G -MD F7 0 41- Qy - �G R RM-H -MD FOLSOM OR R- N GC-MD EXHIBIT "A" ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A COMMERCIAL SERVICE/OFFICE CENTER IN A GC-MD-2 (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING-2) DISTRICT LOCATED AT 3825 W. LUCAS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Mr. and Mrs. Mark Johnson to allow a commercial service/office center in a GC- MD-2 (General Commercial-Multiple Family Dwelling-2) District located at 3825 W. Lucas, being Plat D-22, Tract 131, F. Bigner Survey, City of Beaumont, Jefferson County, Texas, containing 0.33 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT.- Section 1. That a specific use permit to allow a commercial service/office center in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at 3825 W. Lucas, being Plat D-22, Tract 131, F. Bigner Survey, City of Beaumont, Jefferson County, Texas, containing 0.33 acres, more or less, as shown on Exhibit"A" attached hereto made a part hereof for all purposes, is hereby granted to Mr. and Mrs. Mark Johnson, their legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of February 2008. Mayor Becky Ames - He 6- : Request for a zone change from RM-H (Residential Multiple Family welling Highest Density) District to GC-MD (General Commercial-Multiple Family welling) District or more restrictive district and a specific use permit to allow a ommercial retailtoffice center. Location: 3825 W. Lucas 100 200 Feet Applicant: Mark Johnson Legend ® 1926ZP G -MD o� y:1 V� R- RM-H v -MD FOLSOM DR R N GC-MD EXHIBIT "A" i I f2o�UN P ZP0.SlgL FOP- 3825 WEST LUGS , .'*WESTI L Uc4S COUAT' LOT: PLDZ2 l3LOCK:,TRl31 Boor-wmS ADDI TiON: F 914 NE-P- SORN EY 51-ce ioL o" \ D/ilQWN TO SCALE -- �•,� ' EL-C-9 4 rl ON Ti4T.� f-t�/a�C 7 Z / w.oDEN FENCC_ as � 7 3 .o 4 IC/ J� � — A1% ID Jr SET BACK V lyb v �a /D 21 VF w�y 3D, V L^� pA2K/N4 n DepIN - Er�T¢ti�-`CF K�pQ a Few �1 gI.0"TPILI w,4 y i vE w I as I I I All, WooDEN - -I I I I I r I I p1 FEN¢E ._..L -I-- - bQ1VFc � / ��W,/iiLCHA/R I[AAP ril!>4 W4wl< 7� T � q9.o T' IoNL 35' i 36' 35' o�*sloE IENTaA�res -� � � cw ns we 1.. .�. I • V m 4fiy� P�°�t F-)" 7 EXIT ` ' f .. C F-ob L,,m" 331.52 w �•V-O'EM E of ANT I.�I ALL PAQKWq SPADES ARS. i10'-O"WIDE 1.D�Ow�ola4 SST 6ACvL STP4PES Aee PANTED 1$'l0''Lordy DR�F�N.s>rt u. f�o�+l ra rr�lc .s�2�zcr, 3 February 12, 2008 Consider a request for a specific use permit to allow a beauty shop in an RCR(Residential Conservation and Revitalization)District at 2190 Broadway ,••,•, City Council Agenda Item A ' ' c TO: City Council FROM: Kyle Hayes, City Manager no PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 12, 2008 REQUESTED ACTION: Council consider a request for a specific use permit to allow a beauty shop in an RCR(Residential Conservation and Revitalization)District at 2190 Broadway. RECOMMENDATION The Administration recommends approval of a request for a specific use permit to allow a beauty shop in an RCR(Residential Conservation and Revitalization)District at 2190 Broadway subject to the following conditions: • Remove the gravel parking area along the west side of the property. • Install a 6'wide landscape strip along the west side of all parking areas. • Provide a minimum of 10 on-premise parking spaces. The parking layout shall be approved by the Transportation Manager. BACKGROUND Carleatha Wells has requested a specific use permit to allow a beauty shop in an RCR(Residential Conservation and Revitalization) District. The property is located at 2190 Broadway. Ms. Wells states that she would like to operate a 4 chair beauty shop in the existing structure. In April, 2000, City Council approved a specific use permit to allow a 2 chair beauty shop on the second floor of this building. At that time,the property was also being used as a day care and living quarters. That specific use permit expired when the original beauty shop closed several years ago. Currently,Ms. Wells lives in the upstairs portion of the structure. The downstairs will be used for the beauty shop. The beauty shop will be open Tuesday - Saturday, 9 a.m. to approximately 5 p.m. (after last client). At a Joint Public Hearing held January 28, 2008, the Planning Commission voted 5:0 to approve a request for a specific use permit to allow a beauty shop in an RCR(Residential Conservation and Revitalization) District at 2190 Broadway subject to the following conditions: i • Remove the gravel parking area along the west side of the property. • Install a 6'wide landscape strip along the west side of all parking areas. • Provide a minimum of 10 on-premise parking spaces. The parking layout shall be approved by the Transportation Manager. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BEAUTY SHOP IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 2190 BROADWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Carleatha Wells to allow a beauty shop in an RCR (Residential Conservation and Revitalization) District located at 2190 Broadway, being the west Y2 of Lot 5 and Lot 6, Block 15, McFaddin Addition, City of Beaumont, Jefferson County, Texas, containing 0.24 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens subject to the following conditions: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a beauty shop in an RCR (Residential Conservation and Revitalization) District located at 2190 Broadway, being the west Y2 of Lot 5 and Lot 6, Block 15, McFaddin Addition located at 2190 Broadway, being the west '/2 of Lot 5 and Lot 6, Block 15, McFaddin Addition, City of Beaumont, Jefferson County, Texas, containing 0.24 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, is hereby granted to Carleatha Wells, her legal representatives, successors and assigns, subject to the hereinafter described conditions; i • Remove the gravel parking area along the west side of the property. • Install a 6' wide landscape strip along the west side of all parking areas. • Provide a minimum of 10 on-premise parking spaces. The parking layout shall be approved by the Transportation Manager Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of February 2008. - Mayor Becky Ames - r4-P: Request for a specific use permit to allow a beauty shop in an RCR .a ntial Co nservation and Revitalization) District.n: 2190 Broadway nt: Carleatha Wells 0 100 200 Feet Legend G M 2 G MD ® 1924P CALDER AVE GC MD G -M G M FR R C R R -� BROADWAY ST R R R R R R EXHIBIT "A" E Q * Approval subject to the following conditions: • Remove the gravel parking area along the west side of the property. • Install a 6'wide landscape strip along the west side of all parking areas. XProvide a minimum of 10 on-premise parking spaces. The parking layout shall be = approved by the Transportation Manager. W 03 4 February 12,2008 Consider a request for an HC-L (Historic-Cultural Landmark)Preservation Designation for the house at 1315 Calder City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 12, 2008 REQUESTED ACTION: Council consider a request for an HC-L(Historic-Cultural Landmark Preservation Designation) for the house at 1315 Calder. RECOMMENDATION The Administration recommends approval of a request for an HC-L(Historic-Cultural Landmark Preservation Designation) for the house at 1315 Calder. BACKGROUND Gregory Riley has applied for an HC-L(Historic-Cultural Landmark Preservation Designation) for his house at 1315 Calder. Mr. Riley recently purchased this property. He states that the property is to be restored to exacting historical standards with an eye toward"adaptive re-use". The 3,887 sq. ft. house was completed in 1895 by capitalist Iradell Drew Polk. Mr. Polk was an early Beaumont booster with interests in fledgling businesses that would become some of the areas most important. These businesses included real estate, timber, oil and public utilities. Mr. Polk was a confidant of Patillo Higgins and a neighbor and friend of W.P.H. McFaddin. The original W.P.H. McFaddin home was directly across from the subject property. Itasca"Tassie" Polk and Mamie McFaddin were lifelong friends. The house is an eclectic mix of Victorian and Beaux-Arts colonial. The house is one of the oldest remaining structures on Calder. Mr. Riley states that the house was remodeled in 1928 and was owned by the Polk family until approximately 1970. Most of the original architectural details are intact including four masonry fireplaces. The house includes a formal parlor, library, five bedrooms and four bathrooms. The landscape was designed by the noted landscaper Ralph Edward Gunn. The Gunn landscaping is in a traditional southern style. Mr. Riley states that most of the original plantings will be reused in a modern interpretation of the Gunn theme. The house will be restored to the 1928 iteration. The 1928 remodel shows many similarities to the Beaux-Arts colonial McFaddin/Ward House. Similar elements include the wrap-around porch with Corinthian columns,upstairs veranda with railings and rooftop widows walk. Much of the exterior millwork is also very similar to McFaddin/Ward. At a Regular Meeting of the Historic Landmark Commission held December 10, 2007, the Commission recommended approval of an HC-L (Historic-Cultural Landmark Preservation Designation) for the house at 1315 Calder. At a Joint Public Hearing held January 28, 2008, the Planning Commission voted 5:0 to approve a request for an HC-L(Historic-Cultural Landmark Preservation Designation) for the house at 1315 Calder. BUDGETARYIMPACT None. RESOLUTION NO. 0 WHEREAS, Gregory Riley has applied for an HC-L (Historic-Cultural Landmark Preservation Designation) for the house located at 1315 Calder, being Lots 1-2, Block 9, Calder Addition, City of Beaumont, Jefferson County, Texas, containing 0.32 acres, more or less, as shown on Exhibit"A" attached hereto and made a part hereof for all purposes; and, WHEREAS, the City Council is of the opinion that the issuance of such designation is in the best interest of the City of Beaumont and its citizens: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the designation of an HC-L (Historic-Cultural Landmark Preservation Designation)for the house located at 1315 Calder, being Lots 1-2, Block 9, Calder Addition, City of Beaumont, Jefferson County, Texas, containing 0.32 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of February 2008. - Mayor Becky Ames - i-HC: Request far an HC-L (Histaric-Cultural Landmark Preservation Designation). on: 1315 Calder ant: Gregory Riley 0 100 200 Feet I i 1 1 Legend ® 52HC O CALDER AVE Z N -i Z O. BROADWAY ST GC MD GC D C- D EXHIBIT "A" 5 February 12, 2008 Consider approving an ordinance establishing two Neighborhood Empowerment Zones City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 12, 2008 REQUESTED ACTION: Council consider an ordinance establishing Neighborhood Empowerment Zones#1 and #2. RECOMMENDATION Administration recommends the adoption of this ordinance to establish Neighborhood Empowerment Zones#1 and#2. BACKGROUND In an effort to encourage economic development in areas of the city with higher concentrations of low to moderate income families and limited redevelopment, we are proposing the first two Neighborhood Empowerment Zones within the city. These zones will offer incentives to attract redevelopment to these areas. Combined with the focused use of CDBG dollars within these zones, these economic incentives should leverage additional private reinvestment within these areas. Incentives would include: • A three-year municipal tax abatement for all added value for investments greater than $50,000 for residential uses and $75,000 for all other uses. • Building fee waivers(not including tap and meter fees). • Expedited Permit Review. • Lien waivers for any lien claimed by the City for demolition or high grass abatement expenditures. Attached is a map of the proposed Zones#1 and#2, the proposed Neighborhood Empowerment Zone Policy and the Application for Neighborhood Empowerment Zone Development Incentives. BUDGETARY IMPACT Revenues from waived fees and liens and abated ad-valorem taxes would be forgone, but the long-term economic impact associated with new development would positively affect future budgets. i i �1 r _ W + AN 'lit • - �' .�a >.a� rot��'`°' +fir '�!* �q � !!" ��• -r� �, a � .r w 1 Wo � _ n �.mo • ,..µpr. 4 ,�.' „g a q 4� - ` I n .e' - j fi .. eA ! ^N a 7 Cardinal Driveil.* mt x .^ Gal P Awl a �i 1J of - ORDINANCE NO. ENTITLED AN ORDINANCE DESIGNATING AREAS OF THE CITY OF BEAUMONT AS NEIGHBORHOOD EMPOWERMENT ZONES #1 AND #2 PURSUANT TO THE TEXAS NEIGHBORHOOD EMPOWERMENT ZONE ACT (TEXAS LOCAL GOVERNMENT CODE, CHAPTER 378); PROVIDING TAX INCENTIVES; ADOPTING TAX ABATEMENT GUIDELINES AND CRITERIA; AND DESIGNATING A LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE EMPOWERMENT ZONE. WHEREAS, the City of Beaumont endeavors to create the proper economic and social environment to induce the investment of private resources in productive business and residential enterprises located in areas of the City; and WHEREAS, to further this purpose, it is in the best interest of the City to designate such areas as Neighborhood Empowerment Zones #1 and #2 pursuant to the Texas Local Government Code, Chapter 378; and WHEREAS, the Council finds and determines that the creation of the empowerment zones would promote the creation of affordable housing, including manufactured housing, increase economic development, increase the quality of social services, education, or public safety provided to the residents in the zones, or the rehabilitation of affordable housing in the zones; and WHEREAS, the City Council finds and determines that the creation of the zones satisfies the requirements of the Texas Redevelopment and Tax Abatement Act, specifically Tax Code Section 312.202; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved, determined, and adopted. Section 2. That the City Council hereby designates the areas set forth in Exhibit A, attached hereto and incorporated herein for all purposes, as Neighborhood Empowerment Zones #1 and #2 (herein referred to as the "zones"). Section 3. That the City Council finds that the zones meet the qualification of the Texas Local Government Code, Chapter 378. Section 4. That the City Council finds that the creation of the zones benefits and is for the public purpose of increasing the public health, safety, and welfare of the persons in the City of Beaumont. Section 5. That the guidelines and criteria governing tax abatement agreements attached hereto as Exhibit "B" are hereby adopted. By such action the City of Beaumont elects to become eligible to participate in tax abatement. Section 6. That the City Council directs and designates the City Manager as the City's authorized representative, to act in all matters pertaining to the designation of the areas described herein as Neighborhood Empowerment Zones #1 and #2. Section 7. That this ordinance shall be effective from and after its passage as provided by law. Section 8. 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 9. That all ordinance or parts of ordinance in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 12th day of February, 2008. - Mayor Becky Ames - Boundary Description for Ward IV Empowerment Zones Zone One STARTING from a Point of Beginning(POB)at the intersection of the east right-of-way line of Hi- 10 and the south right-of-way line of the BNSF railroad and going easterly along said railroad right- 0 way to 11`x' Street and continuing until reaching the c.,;�stern right-of--way line of Fourth Street; hence south along said eastern right-of-way line of Fourth Street until reaching the southern right-of- way line of Fannin Street; hence westwardly along said southern right-of-way line of Fannin Street until reaching the east right-of-way line of IH-10; hence northerly along said east right-of-way line of IH-10 until reaching the Point of Beginning.. Zone Two STARTING from a Point of Beginning(POB)at the intersection of the east right-of-way line of the BNSF railroad right-of-way and the centerline of Washington Boulevard and going in a northeasterly direction along said railroad right-of-way until reaching the centerline of drainage canal 116 belonging to Drainage District Six; hence turning and extending easterly along the centerline of said drainage canal 116 until reaching the western right-of-way line of 7' Street; hence northeasterly across 7' Street to a point on the east right-of-way line of 7`''Street at the northern right-of-way line of Terrell Ave.; hence easterly along said right-of-way line of Terrell Ave. to 4' Street and continuing on the same course until reaching the eastern right-of-way line of San Jacinto Street;hence south along said eastern right-of-way line of San Jacinto Street to the northern right-of-way line of Rockwell Street; hence easterly along said northern right-of-way line of Rockwell Street until reaching the eastern right-of-way line of Golaid Street; hence south along the eastern right-of-way line of Golaid Street until reaching the south right-of-way line of Euclid Street;hence westerly along the south right-of- way line of Euclid Street until reaching the eastern right-of-way line of 7"' Street;hence south along said eastern right-of-way line of 7' Street until reaching the northern right-of-way line of Cardinal Drive (U.S.69) and finally the centerline of Cardinal Drive; hence westerly along the centerline of Cardinal Drive until reaching the eastern right-of-way line ofthe BNSF railroad right-of-way and then turning and extending northerly along said eastern right-of-way line of the BNSF railroad until reaching the Point of Beginning(POB). EXHIBIT "A" City of Beaumont Neighborhood Empowerment Zone Incentive Policy Program Goals: It is the City of Beaumont's goal to promote development within its Neighborhood Empowerment Zones in an effort to improve the local economy and enhance the quality of life for its citizens. Insofar as these goals are served by enhancing the value of the local tax base and increasing economic opportunities, the City of Beaumont will give consideration to providing the following incentives for development within Neighborhood Empowerment Zones. Definitions: A. Abatement: full or partial exemption for ad valorem taxes of eligible properties in a reinvestment zone designated as such for economic development purposes. B. Agreement: a contractual agreement between a property owner and a taxing jurisdiction for the purpose of a tax abatement. C. Base Year Value: the assessed value of either the applicant's real property and improvements located in a designated reinvestment zone on January 1 of the year prior to the execution of the agreement plus the agreed upon value of any property improvements made after January 1 of that year but before the execution of the agreement, and/or the assessed value of any tangible personal property located on the owner's real property on January 1 of the year prior to the abatement period covered by the agreement. D. Facility: property improvements completed or in the process of construction which together comprise an integral whole. E. Real Property: area of land defined by legal description as being owned by the person applying for a tax abatement, including any improvements thereto, which is to be improved and valued for property tax purposes, and which is to be included in the Neighborhood Empowerment Zone. F. Neighborhood Empowerment Zone: is an area designated as such for the purpose of providing economic incentives, including a tax abatement, as authorized by the City of Beaumont in accordance with Texas Local Government Code Annotated Section 378 as amended. EXHIBIT "B" Program Policy: It is the policy of the City of Beaumont that consideration will be provided in accordance with the guidelines, criteria and procedures outlined in this document. This policy applies to the owners of real property. Project consideration will include the potential impact of the reinvestment project on the immediate and surrounding area. A. Authorized Facility : Neighborhood Empowerment Zone Incentives may be granted within a Neighborhood Empowerment Zone for new construction or renovation of single- family uses for investments of$50,000 or greater and may be granted for all other uses for investment of$75,000 or greater. B. Eligible Property : Neighborhood Empowerment Zone Incentives may be granted for new construction or renovation of owner-occupied single-family homes, office, retail, restaurant and multi-family residential facilities within a Neighborhood Empowerment Zone, designated by the City Council of the City of Beaumont, Texas. C. No incentives shall be granted for development resulting from the relocation of an eligible facility from one area of the city to within the Neighborhood Empowerment Zone. Procedural Guidelines: Any person, partnership, organization, corporation or other entity desiring that the City of Beaumont consider providing Neighborhood Empowerment Zone incentives shall be required to comply with the following procedural guidelines. No representations made herein considered binding unless and until approved by the City of Beaumont City Council. Preliminary Application: Applicants shall submit a completed"Application for Neighborhood Empowerment Zone Development Incentives" form for consideration of incentives to the Community Development Department of the City of Beaumont, 801 Main Street, Beaumont, Texas 77701. Consideration of the Application: A. The City Manager will consider requests for incentives in accordance with these policies, pursuant to Chapter 378 of the Texas Local Government Code. Additional information may be requested as needed. B. The City Council may enter into an agreement that outlines the terms and conditions between the City and the applicant, and governs the provision of the incentives. 2 Inspection of the Project: During the term of such agreement, the City of Beaumont will have the right to inspect the project facility during regular business hours to ensure compliance with the agreement and accuracy of the owner certification. Recapture: If a project is not completed as specified, or if the terms of the incentive agreement are not met, the City has the right to cancel or amend the incentive agreement and all previously waived fees and abated taxes shall become due to the City and liens may be reattached. Effect of Sale, assignment or lease of property: No incentive rights may be sold or assigned without the approval of the City Council. Any sale, assignment or lease of the property may result in execution of the recapture provision, as outlined above. Types of Incentives Available: Building Fee Waivers The Building Construction Fee Waiver Program affords property owners an exemption from planning and building fees associated with new construction or renovation and occupancy of eligible facilities within the target area. Expedited Permit Reviews: In order to facilitate redevelopment within the Neighborhood Empowerment Zones, the Community Development Department is committed to assisting applicants through the planning and permit review process as quickly as possible. Lien Waivers In order to render properties with Neighborhood Empowerment Zones more marketable, the Lien Waiver Program affords property owners a release of liens attached to properties as the result of demolitions or expenditures associated with cutting high grass. Release of such liens would only be allowed in conjunction with new construction or renovation of eligible facilities within the target area. 3 Construction Tax Abatement The Construction Tax Abatement Program is an economic development tool designed to provide incentives for the new construction or renovation of single-family homes, office, retail, restaurant and multi-family residential facilities within a Neighborhood Empowerment Zone. The Construction Tax Abatement Program is intended to contribute to area development by attracting additional capital and human investment to the area as well as additional residents to support economic development activities within the area. Value of Abatements: authorized facilities may be granted an abatement on all or a portion of the increased taxable value of eligible property over the base year value for a period not to exceed three (3)years. Tax Abatement Program Guidelines: The eligibility requirements are as follows: Investment Abatement Schedule $50,000 & up for residential uses and $75,000&up for all other uses 100% 1'`Year $50,000 &up for residential uses and $75,000 &up for all other uses 100% 2°d Year $50,000 & up for residential uses and $75,000& up for all other uses 100% 3`d Year Abatement Program Considerations: A. The final valuation determined by the Jefferson County Appraisal District will be used to determine the actual yearly tax abatement exemption. B. The tax abatement shall be granted only to the owner of the property. C. No tax abatement exemption shall be effective until the applicant has met all of the eligibility requirements contained in the guidelines and policies, state law, and City of Beaumont codes. D. There shall be no retroactive tax abatement exemptions—all tax abatement exemptions become effective only on or after the date the City Council approves the tax abatement agreement. E. The applicant shall agree to hold the City of Beaumont, its agents, employees and public officials harmless and pay all attorneys' fees that are generated by any dispute regarding the tax abatement agreement. 4 F. Personal and or real property identified before the period covered by the abatement agreement will not be eligible for abatement. 5 CITY OF BEAUMONT APPLICATION FOR NEIGHBORHOOD EMPOWERMENT ZONE DEVELOPMENT INCENTIVES The purpose of this application is to present to the City of Beaumont a reasonably comprehensive outline of the project for which the incentives are requested. Please review the Neighborhood Empowerment Zone guidelines carefully before completing this application. If additional space is needed, separate sheets may be attached. Types of incentives that you are seeking: ❑ Building Fee Waivers ❑ Expedited Permit Review ❑ Lien Waivers ❑ Tax Abatement DESCRIPTION OF PROJECT 1. Legal name and address of applicant: 2. Type of organization(Corporation, Ltd. Partnership, etc.): 3. Date organization formed: 4. Address and telephone number of headquarters location: 5. State(s)in which business is registered: 6. Other locations of this business(names of cities): 7. Is business current with all taxes? 8. Name, address, and telephone number of principal officers: 9. Name, address&phone number of designated contact person: 10. Type of business to be conducted and goods or services to be produced or provided: 11. Location of project (street address): 12. Legal (lot, block& subdivision) description of the project(Attach plat of property): 13. Identify and describe the kind, number and location of all improvements to the physical property and discuss the development schedule of the proposed improvements. 14. What infrastructure construction will be required to serve the proposed project? What is the estimated cost of this construction? 15. Estimated construction commencement date: 16. Estimated construction completion date: 17. Estimated date for project to be operational: 18. City liens requested to be released: EMPLOYMENT IMPACT(for Non-residential Projects) 19. What is the estimated number of permanent full-time new jobs that will be created? 20. What percentage of employees do you anticipate will be residents living in: (a)the Neighborhood Empowerment Zone (b) City of Beaumont (c)Jefferson County (d) Outside Jefferson County 21. How many new, temporary and part-time jobs will be created in Beaumont? 22. What types of jobs will be created? 23. What will be the total project annual payroll of the newly created jobs? 24. Will specialized training be required?If so, what type? FISCAL IMPACT 25. Is there an anticipated cost to the City of Beaumont for providing municipal services to the proposed project? COMMUNITY IMPACT 28. Do you anticipate the proposed project having a substantial impact on the local residential, commercial or retail market? 29. Will rezoning and platting/replatting be required? 2 It is understood that the information provided herein is based on estimates and projections, but that such estimates and projections have been fully investigated and are made in good faith as to their accuracy. It is further understood that any information provided herein that is actual and not estimated is represented to be true and correct. Any information herein, which is misrepresented as true and correct or for which there is no good faith basis, may result in the denial of consideration for or termination of incentive agreement. Signature Date 3 If you have any questions about this application please call the Community Development Department at(409) 880-3762. CITY OF BEAUMONT STAFF RECOMMENDATIONS) AND/OR COMMENT(S): (To be completed by City of Beaumont Staff Only) 2. Recommendation: Approve Disapprove Comments: 4 6 February 12, 2008 Consider amending Section 7-67 of the Code of Ordinances limiting the hours of commercial garbage container collection 11 7L0,Jill City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager LSD PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 12, 2008 REQUESTED ACTION: Council consider amending Section 7-67 of the Code of Ordinances limiting the hours of commercial garbage container collection. RECOMMENDATION Administration recommends approval of amending Section 7-67 of the Code of Ordinances limiting the hours of commercial garbage container collection. BACKGROUND In order to maximize the efficient use of land in the city, our zoning map allows some commercial and industrial uses to be adjacent to residential uses. As a result, conflicts can arise between the two types of uses. One such conflict is that of noise that occurs when dumpsters, or commercial garbage containers, located adjacent to residences, are collected in early morning hours. In an effort to minimize this conflict, we recommend that Section 7-67 of the Code of Ordinances be changed to restrict such collection during the hours of 10:00 p.m. and 6:00 a.m. on weekdays and 10:00 p.m. and 7:00 a.m. on weekends and holidays for all dumpsters located within the city. This ordinance amendment would provide an exception to allow collection during restricted hours for instances where it was determined by the Community Development Director that collection during the establishment's hours of operation would be a safety hazard. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ARTICLE II, DIVISION 3, CHAPTER 28, SECTION 28 TO ADD A NEW SECTION 28.22.5 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO LIMIT THE HOURS OF COMMERCIAL GARBAGE CONTAINER COLLECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Article ll, Division 3, Chapter 28, Section 28 is amended to add a new Section 28.22.5 to limit the hours of commercial garbage container collection to read as follows: Section 28.22.5 Hours of Collection Commercial closed containers shall not be collected within the City during the hours of 10:00 PM and 6:00 AM on weekdays and 10:00 PM and 7:00 AM on weekends and City observed holidays. 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. That all ordinances or parts of ordinances in conflict herewith 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 12th day of February 2008. - Mayor Becky Ames - 7 February 12,2008 Consider approving a contract for the purchase of asphaltic concrete for use in the Streets and Drainage Division r 117LJ1J City Council Agenda Item A TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: February 12, 2008 REQUESTED ACTION: Council consider a contract for the purchase of asphaltic concrete. RECOMMENDATION Administration recommends award of a six(6) month contract to APAC-Texas, Inc. for purchasing asphaltic concrete at the unit costs stated below with an estimated total contract expenditure of$438,500. BACKGROUND Bids were requested for a six(6)month contract for asphaltic concrete for use by the Public Works Department, Streets and Drainage Division. Cold laid asphaltic concrete is used for repairing potholes and small sections of street, while hot laid asphaltic concrete is used for repairs to larger street sections. It is estimated that during the term of the contract approximately 7,000 tons of hot laid asphaltic concrete and 500 tons of cold laid asphaltic concrete will be used. Five(5)vendors were notified. The only vendor submitting a bid was APAC-Texas and their bid is reflected below. Specifications requested pricing for both plant pickup by City personnel and job site delivery by the vendor. The bidder met all product requirements specified, and has previously held the contract satisfactorily. The contract provides for the vendor to furnish asphaltic concrete at the following fixed unit prices: Description Plant Pickup Job Site Delivery Hot Laid Concrete $57.50/ton $63.75 /ton Cold Laid Concrete $72.00/ton $79.00/ton Six(6)Month Contract for Asphaltic Concrete February 12, 2008 Page 2 The prior contract period prices were as follow: Description Plant Pickup Job Site Delivery Hot Laid Concrete $58.50/ton $64.15 /ton Cold Laid Concrete $71.25 /ton $75.50/ton BUDGETARY IMPACT Funds for the cold laid concrete in the amount of$36,000 are available in the Public Works operating budget. Funds in the amount of$402,500 are available in the Capital Program for the hot laid concrete which is used for street rehabilitation. The total estimated six-month contract expenditure is approximately$438,500. Qty. Description Plant Pickup Total 7,000 tons Hot Laid Concrete $57.50/ton $402,500 500 tons Cold Laid Concrete $72.00/ton $ 36,000 TOTAL: $438,500 RESOLUTION NO. WHEREAS, bids were solicited for a six (6) month contract for the purchase of asphaltic concrete for the Public Works Department, Streets and Drainage Division; and, WHEREAS,APAC-Texas, Inc.,submitted a bid in the estimated amount of$438,500 in the unit amounts shown below: Description Plant Pickup Job Site Delivery Hot Laid Concrete $57.50 /ton $63.75 /ton Cold Laid Concrete $72.00 /ton $79.00 /ton and, WHEREAS, City Council is of the opinion that the bid submitted by APAC-Texas, Inc., should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by APAC-Texas, Inc. in the estimated amount of$438,500 in the unit amounts shown above be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of February 2008. - Mayor Becky Ames - 90%W . .. City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: February 12, 2008 REQUESTED ACTION: Council consider a contract for the purchase of asphaltic concrete. RECOMMENDATION Administration recommends award of a six (6) month contract to APAC-Texas, Inc. for purchasing asphaltic concrete at the unit costs stated below with an estimated total contract expenditure of$438,500. BACKGROUND Bids were requested for a six (6) month contract for asphaltic concrete for use by the Public Works Department, Streets and Drainage Division. Cold laid asphaltic concrete is used for repairing potholes and small sections of street, while hot laid asphaltic concrete is used for repairs to larger street sections. It is estimated that during the term of the contract approximately 7,000 tons of hot laid asphaltic concrete and 500 tons of cold laid asphaltic concrete will be used. Five (5) vendors were notified. The only vendor submitting a bid was APAC-Texas and their bid is reflected below. Specifications requested pricing for both plant pickup by City personnel and job site delivery by the vendor. The bidder met all product requirements specified, and has previously held the contract satisfactorily. The contract provides for the vendor to furnish asphaltic concrete at the following fixed unit prices: Description Plant Pickup Job Site Delivery Hot Laid Concrete $57.50 /ton $63.75 / ton Cold Laid Concrete $72.00 / ton $79.00 / ton 8 February 12,2008 Consider approving the purchase of a 2,000 gallon water truck for use in the Parks Department City Council Agenda Item OL TO: City Council FROM: Kyle Hayes, City Manager / PREPARED BY: Laura Clark, Chief Financial Officer v MEETING DATE: February 12, 2008 REQUESTED ACTION: Council consider the purchase of a 2,000 gallon water truck. RECOMMENDATION Administration recommends the purchase of a 2009 International 4300 truck equipped with a 2,000 gallon water tank from International Trucks of Houston in Houston, Texas in the amount of$79,483.56. BACKGROUND Bids were solicited from six (6) vendors for furnishing a 2,000 gallon water truck for the Parks Department. The truck is an addition to the City's fleet. The water truck will be used to water vegetation throughout the City, grass on the boulevards, shrubs and flowers in the triangles, plants and landscaping at the various City Parks and on Martin Luther King Parkway. Delivery of the truck is expected within 120 days. The following bids were received: Vendor Make & Model Bid Price International Trucks of Houston, 2009 International 4300 $79,483.56 Houston, TX United Truck& Equipment, Phoenix, 2008 Ford F750 83,975.00 AZ Houston Freightliner/Sterling, Houston, 2009 Sterling Alterra 88,211.00 TX Purchase of 2,000 Gallon Water Truck February 12, 2008 Page 2 Warranty service is provided through International Trucks of Houston for two (2) years on the truck. The water tank is covered by a five (5) year manufacturer's warranty. BUDGETARY IMPACT Funds for this purchase are budgeted in the Capital Reserve Fund. RESOLUTION NO. WHEREAS, bids were solicited for the purchase of a 2009 International 4300 truck equipped with a 2,000 gallon water tank for the Parks Department; and, WHEREAS, International Trucks of Houston, Texas, submitted a bid in the amount of $79,483.56; and, WHEREAS, City Council is of the opinion that the bid submitted by International Trucks of Houston, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by International Trucks of Houston, Texas, for the purchase of a 2009 International 4300 truck equipped with a 2,000 gallon water tank for the Parks Department in the amount of $79,483.56 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of February 2008. Mayor Becky Ames - WORKSESSION Review and discuss the Preliminary Budget of the 2008 Housing and Urban Development (HUD) Consolidated Grant Program's Annual Action Plan 9 February 12,2008 Consider approving the Preliminary Budget of the 2008 Consolidated Grant Program's Annual Action Plan IU7LIJ City Council Agenda Item M IL TO: City Council FROM: Kyle Hayes, City Manager CS� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: February 12, 2008 REQUESTED ACTION: Council conduct a Public Hearing and Work Session to receive comments on, discuss the process relating to, and subsequently issue a resolution to adopt the Preliminary Budget of the 2008 Housing and Urban Development (HUD) Consolidated Grant Program's Annual Action Plan. RECOMMENDATION Administration recommends conducting a Public Hearing and Work Session to receive comments on, discuss the process relating to, and subsequently issue a resolution to adopt the Preliminary Budget of the 2008 HUD Consolidated Grant Program's Annual Action Plan. BACKGROUND As mandated by the U. S. Department of Housing and Urban Development(HUD), City Council has conducted public hearings and work sessions in previous years prior to adopting the City's Annual Action Plan. Community Development Staff, along with other City of Beaumont staff and the Community Development Advisory Committee(CDAC), hosted three(3)Public Hearings in order to receive public comments relating to the process and activities germane to the Preliminary 2008 Annual Action Plan. In accordance with the Citizen Participation Plan, a thirty(30) day comment period, which allows citizens a reasonable time to submit written comments, will follow the adoption of the 2008 Preliminary Consolidated Grant Program's Annual Action Plan. Prior to its submission to HUD for approval, City Council will consider adopting the final Draft of the Annual Action Plan on or about April 22, 2008. BUDGETARY IMPACT The 2008 Preliminary budget totaling$2,768,009 is comprised of Community Development Block Grant funds ($1,785,079), HOME Investment Partnership funds ($732,930) and estimated Program Income($250,000). RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby adopts the Preliminary 2008 HUD Consolidated Grant Program's Annual Action Plan. The Plan is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of February 2008. - Mayor Becky Ames - 2008 HUD CONSOLIDATED GRANT PROGRAM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2008 Preliminary Budget HOUSING Minor Repair $ 50,000 Funds will be used to repair 3 to 4 homes at approx. $15,000 ea, primarily for low to moderate income senior citizens with a disability. Elderly/Disabled Housing Assistance 50,000 Funds will be used to assist in minor sewer repairs,tree and shrub removal and other activities associated with code enforcement for homes owned by primarily low/mod income ekderly/disabled citizens. Lead-Based Paint Testing 25,000 Funds will be used to test the paint and address the lead based paint issues of single family residential and multiple family housing. INFRASTRUCTURE 70,000 Funds will be used for infrastructure improvements in areas where low/mod income citizens reside. CLEARANCE AND DEMOLITION Clearance and Demolition Activities Funds will be used to demolish approx. 100 abandoned, unsafe, unsanitary and uninhabitable 280,000 residential structures in low to moderate income areas a a cost of approximately$3,000 each. PUBLIC FACILITY& IMPROVEMENT 830,000 Section 108 (Debt Service) Hotel Beaumont(Section 108 payment)-rehabilitation Crockett Street(Section 108 payment)-rehabilitation Jefferson Theater(Section 108 payment)- rehabilitation Theodore R.Johns,Jr.Library(Section 108 payment)-new construction L L Melton YMCA(Section 108 payment)- rehabilitation ASSISTANCE TO NONPROFIT ORGANIZATIONS 210,000 Funds will be used for construction,renovation and equipment purchases for various nonprofit organizations. $85,000 of the$210,000 will be used as set-aside for Homeless Providers. CDBG ADMEWSTRATION 270,079 Funds will be used for personnel and operating expenses necessary for compliance with the planning,execution,and regulatory requirements of the HUD Consolidated Grant Program. TOTAL CDBG 1,785,079 ESTIMATED PROGRAM INCOME Small Business Loan Fund 100,000 Historic Preservation Loan Fund 30,000 Clearance and Demolition 120,000 TOTAL ESTIMATED PROGRAM INCOME 250,000 EXHIBIT "A" HOME AFFORDABLE HOUSING PROGRAM 549,697 Funds will be used to assist nonprofit and/or for-profit developers with the development and/or rehabilitation of affordable housing that will be sold or leased to low to moderate income families, and with project delivery costs such as downpayment assistance, closing costs and principal mortgage buy downs. Funds will also be used to assist developers with eligible project costs associated with the development and/or rehabilitation of multi-family housing units. CHDO RESERVE 109,940 Funds will be used by Community Housing Development Organizations for the construction of affordable housing for low to moderate income families. Costs include acquisition, site preparation, infrastructure, down payment and closing cost assistance and other eligible costs. HOME ADMINISTRATION 73,293 Funds will be used for personnel and operating expenses necessary for compliance with the planning,execution, and regulatory requirements of the HUD HOME Program TOTAL HOME 732,930 TOTAL 2008 PRELIMINARY BUDGET $ 2,768,009 WORKSEm.:dS SION Review and discuss two projects related to the School Sidewalk Program SAFE ROUTES TO SCHOOL City of Beaumont Public Works Department February 12, 2008 Amelia Elementary 1 Amelia Elementary AMEUA AREA SAFE ROUTE MAP ---"----"RCpCVET:J SICfvN.R 'A`' .'_ • TRFRf'}{Sf3YL LIL'A}IWf .;�.. niiLWpNR:E LT.E BO�IWRILS . .. CRCff1W+�tJRRp�2F}:Ye , mg I Amelia Elementary • Major/Drennan — Length - 1,422 LF — Estimated Cost - $39,5000 • Landis/Greeves/McLean* — Length - 3,599 LF — Estimated Cost - $607,000 • Total Estimated Cost — $646,500 * Includes installation of storm sewer pipes. 2 Blanchette Elementary Blanchette Elementary BLANCHETTE AREA SAFE ROUTE MAP .EIeEHU ^^^'In1YiSED Y:iEVVX3 ,HARk_r 11 Mr� NGRn _ J: vsrN 1 'd?PMP W LA A NI 3 Blanchette Elementary • Usan — Length — 1,464 LF — Estimated Cost - $56,200 • Sarah — Length — 2,232 LF — Estimated Cost — $106,450 • Total Estimated Cost — $162,650 Questions ? 4 WORKSESSION Review and discuss a proposed Pavement Management Program CITY OF BEAUMONT STREET PROGRAM Public Works Department February 12, 2008 Managing Pavement Maintenance Routine maintenance cycles — Crack seal every year — Rehabilitation every fourth year Costs for crack sealing and patching increase each year by inflation Pavements for rehabilitation are budgeted 1 Managing Pavement Maintenance II Worst First — Major maintenance was prioritized on a "worst first" basis — Streets that look bad get attention — This component of pavement management program seemed logical to citizens, media and elected officials Managing Pavement Maintenance Citizen complaint — Worst-first or routine maintenance programs could be adjusted to accommodate citizen requests Political Priority — The programs could also be adjusted by the political process, which is an expression of citizen requests 2 Managing Pavement Maintenance 0 "Old Employee" — Recommendation from "old" who had been around for ages and knew the pavements even better than he knew his children These approaches worked well and often became entrenched as standard operating procedures Pavement Management System Why pavement management system? — Financial resources are limited — Justification for funding requests — Provide impact, cost and performance data on alternative maintenance techniques and strategies 3 Pavement Management System Components of Pavement Management System — Collection of highway condition data — Computer database to sort & store collected data — Analysis program to evaluate repair or preservation strategies with cost effective methods Data Collection Street segments — 0.1 mile to 1 mile Windshield survey Testing vehicles that measure — Smoothness — Skid resistance — Faulting — Cracking 4 Street Database Database and analysis software Size of database varies — Number of highways — Length of street segments IF Pavement management software — Customized input screens —Analysis packages — Reports required by agency Pavement Analysis Prediction of pavement life by street segment based on repair type and traffic loads, climate and other factors it Analysis based on collective experience of highway experts Costs based on historical costs for repairs or reconstruction 5 Pavement Analysis (cont) Sophisticated analysis packages predict — Annual repair costs — Overall system performance — Expected pavement conditions on related routes within planning corridors Intent of analysis is to identify most cost effective ways to maintain street system in a satisfactory condition Pavement Management Discoveries Pavement Deterioration — Pavements tend to deteriorate very slowly during first few years after placement — Pavements tend to deteriorate very rapidly when they age — Deterioration of pavements, regardless of design or materials, followed a standard curve 6 Pavement Life Cycle Curve Pavement Management Discoveries go Maintenance Practices — Excessive repair/rehabilitation costs from inappropriate or poorly timed maintenance decisions lu Preserve vs Protect — More economical to preserve roads than to delay repairs and reconstruct roads. — Worst first very expensive way to operate 7 Pavement Management Discoveries im Data Collection — Data collection by observation very difficult and is often not objective — Several observers to collect data which leads to inconsistencies in the data — Vehicles developed to mechanically measure smoothness and other road conditions Pavement Management Discoveries Use of Computers — Early mainframe computers took as long as a week to analyze pavement data — Today most analyses can be completed on a desktop computer in seconds — Easier to consider 'What-if' alternatives 8 PAVEMENT TREATMENTS Crack Sealing Routing, cleaning and filling the crack with sealant. Moisture infiltration is the primary cause of pavement deterioration Crack sealing prevents water and debris from entering a crack. It Benefits: — Prevents moisture and debris from getting into cracks — Prevents water damage to the pavements structure Selection and Application: — Use for cracks less than 1 inch wide, spaced uniformly along the pavement and with limited edge deterioration. Best applied during cool dry weather Service Life: — 3 - 5years 9 Crack Sealing Crack Sealing S 5. d,- 10 Chip Seal W. A chip seal is a uniform application of asphalt emulsion to a prepared pavement surface followed by a rolled aggregate cover. Benefits: — Improves surface friction — Slows surface ravelling and oxidation — Corrects minor deformations and seals small cracks — Provides temporary cover for a base course until the final asphalt courses can be placed Selection and Application: — Provides an economical all-weather surface for light to medium traffic. Chip seals must be applied to structurally sound pavements. Service Life: — 5 -7 years Binder (Tack Coat) Application IN ME Bill of �r 3 4 I 11 Aggregate Distribution Rolling 12 Hot Mix Overlay • Place a layer of hot mix over existing pavement. • Benefits: in Provides new waterproof surface in Mitigates surface raveling and seals small cracks • Improves ride quality and corrects surface irregularities •Improves surface friction • Selection and Application: Used on stable pavements with a sound base, but have a surface which exhibits minor surface distresses such as cracking, rutting, ravelling and roughness. • Service Life: 8- 14 years Binder (Tack Coat) Application 13 Laying Asphalt Raking Asphalt 14 Rolling Asphalt 3 PR. I Hot in Place Recycling 1111 Heat the existing pavement and reblending the asphalt. Rejuvenators and virgin hot mix may be added. Im Benefits: — Provides new waterproof surface — Slows surface raveling — Seals small cracks — Improves ride quality and corrects surface irregularities — Improves surface friction III Selection and Application: — Used on stable pavements with a sound base, but have a surface which exhibits minor surface distresses such as cracking, rutting, ravelling and roughness. Service Life: — 5- 12 years 15 Recycling Process Six steps: 1. heat the existing pavement 2.scarify the heated,softened pavement to a one inch depth 3.apply a recycling agent to the scarified material to restore viscosity of the aged asphalt 4. mix and lay the recycled material to form a leveling course 5. apply the virgin hot mix while the temperature of the recycled mix is still 225°F 6.final compaction Hot In Place Recycling �+rA 16 Hot In Place Recycling Cold in Place Recycling Reprocesses existing pavements in-situ. Typically overlaid with one or two lifts of HMA to produce a sound pavement structure. All cold in-place work should be completed with an appropriate wearing surface. Benefits: — Uses 100%existing aggregates and asphalt — Mitigates reflective cracking — Corrects cross fall and longitudinal grades of existing pavements Selection and Application: — Use on stable pavements with a sound base showing surface distresses such as cracking, rutting, ravelling and roughness. Service Life: — 10 - 12 years 17 Cold in Place Recycling Cold Planing or Milling v Removes bumps, ruts and irregularities, restores the profile and leaves a uniform, textured surface. it Benefits: — Improves ride quality and corrects surface irregularities — Improves surface friction Selection and Application: — Use cold plane or milling prior to applying a recommended resurfacing product.A tack coat should be applied to all milled surfaces prior to paving the new riding coarse iD Service Life: — Typically the street is resurfaced within 48 hours.When overlaid with HMA, service life is similar to mill and overlay treatment. 18 Pavement Selection Guide Pavement Parameters Hot Mir Crack Chip Cold Hot Condition Overlay Sealing Seal In Place In Place Recycling Recycling Tragic(ADT) <1000 • • • . • 1000-4000 • • • • • >4000 • • o a o Ruts <Y4 inch • • • a • V-1 inch n o a a • >1 inch o o o u a Cracking Low • • • • o Fatigue Moderate • a • . . High o a o • • Cracking Low • • • • n Longitudal Moderate • • • • 0 High o a o • n Cracking Low • • • Transverse Moderate • • 0 High o u o • o •=Recommended a=Provisionally recommended(dependant on road conditions) o=Not recommended Pavement Selection Guide Pavement Parameters Hot Mix Crack Chip Cold Hot In Place Condition Overlay Sealing Seal In Place Recycling Recycling Dry • o • o • Flushing • o • a • Surface Bleeding • o a n • Condition Variable • o 0 0 Portland Cement • n • o o Concrete Pavement Low • o • o • Raveling Moderate • o • o • High • o • o • Low • • • o o Potholes Moderate n a o o High . o o o o Texture Rough . 0 I u a • Ride Poor • o o 0 • Drainage Poor o o o 0 0 Skid Resistance Low • o • o n •=Recommended o=Provisionally recommended(dependant on road conditions) o=Not recommended 19 Preservation Costs APPROXIMATE COST TO BRING A PAVEMENT BACK TO EXCELLENT CONDITION 10 4 Surface Seal Coating 11 Ft.Wide 9 $5200 LANE MILE a3 112 Inch Hot-Mix Overlay 7 / $11,000 0 6 1 Inch Hot-Mix Overlay E= 1 Inch b1iA b Overlay $22,000 z 5 $35,000 4 1.5 Inch Overlay 1.5 Inch Mill 8 Overlay $33,000 3 $50,000 2 1.5"Hot In-Place Recycle $55,000 1 Reconstruct 0 i$75,000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 TIME Questions 20