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Home My WebLink AboutPACKET AUG 10 2004 City �f Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 10, 2004 1:30 P.M. CONSENT AGENDA Approval of minutes Confirmation of committee appointments A) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in West Chase Village Subdivision, Section Seven A City of Beaumont Council Agenda � = • � Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: August 10, 2004 AGENDA MEMO DATE: July 29, 2004 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in West Chase Village Subdivision, Section Seven. RECOMMENDATION Administration recommends approval of the following: • Village Drive from existing dead end approximately 336 linear feet east to the 3-OM-4P end of roadway markers. • Amberwood Drive from the proposed Village Drive approximately 1,015 linear feet south to the existing Windchase Drive. • Windchase Drive from existing dead end approximately 352 linear feet east to the 3-OM-4P end of roadway markers. • Whisper Wind Drive from the proposed Windchase Drive approximately 158 linear feet north to the 3-OM-4P end of roadway markers and approximately 165 linear feet south to the 3-OM-4P end of roadway markers. Also, recommended for approval are the water and sanitary improvements for Lots 10-12, Block 3; Lots 9-16, Block 4 Lots 1-8,16 and 17, Block 10; and Lot 1, Block 11. BACKGROUND The improvements in the subdivision passed final inspection from all entities involved on July 1, 2004. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. EngWChase7cg.wpd 07-29-2004 1' ,West Chase z 'Vi flag e Sectio wSeve 8Li1E,� Ube T � MARSHALL-_ Pork 13 C�AOYS -_- — --� - —- o GR EN-- wp� LI KW00. cn 0°�2, +< _ CH RY LvwtDER K & ow STGA - -v- — TGAT 1 6URUNGTON WE G WOQU r � a r x Oaks >z - Country LARNEY O i SS ¢ s Club ANUOAH K. a x 0. 9Cp pp0 SHILOHf a `t P ANGE U 2 Z C LLI 1 SHIRE \ VICINITY MAP N TS' WEST CHASE VILLAGE SECTION SEVEN SUBDIVISION VOW ' City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 10,2004 1:30 P.M. AGENDA CALL TOO ER Invocation Pledge Roll Call ` Presentations and Recognition Public Comment: Persons may speak on scheduled agenda-items 1-7/Consent Agenda Consent Agenda GENERAL BUSINESS I Receive the FY2005 Proposed Budget and-schedule a public hearing on the FY2005 Proposed Budget 2. Consider scheduling a public hearing on the FY 2005 Capital Improvement Program(CIP) 3. Consider authorizing the City,Manager to execute an-extension of the Beaumont Community Players' Development and Lease.Agreement 4. Consider approving a bid for the purchase of a drive through car wash system 5. Consider approving a bid for the purchase and installation of a fire alarm system upgrade for City Hall 6. Consider authorizing the City.Manager.to accept the Fletcher MiniPark Improvements and authorize final payment 7. Consider amending Ordinance No. 04-052-Telating to the-structures;located at 1085 Long Street, 2995 Pine Street(Commercial):and,1,825.;Elgie:Street 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: Claim of Roland Francis Claim of Annette Coward Douglas Manning, et al v City of Beaumont Donna Manning Claim Penni Simonson, et al v. City of Beaumont City of Beaumont v Rette Browning Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. 1 August 10, 2004 Receive the FY2005 Proposed Budget and schedule a public hearing on the FY2005 Proposed Budget . f City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: August 10, 2004 AGENDA MEMO DATE: August 6, 2004 REQUESTED ACTION: Receive the FY 2005 Proposed Budget and schedule a public hearing. RECOMMENDATION It is recommended that Council schedule a public hearing on August 31, 2004 to review the FY 2005 Proposed Budget. BACKGROUND Article VI, Section 2 of the City Charter requires that the proposed budget be submitted to the Council at least 45 days prior to the beginning of the new fiscal year. In addition, Section 4 requires Council to schedule a public hearing on the FY 2005 Proposed Budget and authorize the City Clerk to publish the notice of the public hearing. BUDGETARYIMPACT The detail budget information for all funds will be distributed to Council at the August 10, 2004 meeting and reviewed at a workshop on August 24, 2004. PREVIOUS ACTION None. SUBSEQUENT ACTION A public hearing will be held on the date Council schedules. If the appropriations increase, another public hearing must be held. The target date for adoption of the Budget is September 14, 2004. However, it must be adopted no later than September 27, 2004. RECOMMENDED BY: City Manager and Finance Officer 2 August 10,2004 Consider scheduling a public hearing on the FY 2005 Capital Improvement Program(CIP) City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: August 10, 2004 AGENDA MEMO DATE: August 6, 2004 REQUESTED ACTION: Schedule a public hearing on the FY 2005 Capital Improvement Program (CIP). RECOMMENDATION It is recommended that Council schedule a public hearing on August 31, 2004 to review the FY 2005 Capital Improvement Program. BACKGROUND The FY 2005 Capital Improvement Program was originally submitted to Council on May 11,2004. Article VI, Section 20 of the City Charter requires Council to schedule a public hearing on the FY 2005 proposed CIP and authorize the City Clerk to publish the notice of the public hearing. BUDGETARY IMPACT The financial impact of the FY 2005 Capital Improvement Program will be reviewed with Council at a workshop on August 24, 2004. PREVIOUS ACTION In accordance with Article VI, Section 19 of the City Charter, the FY 2005 proposed Capital Improvement Program was submitted to Council May 11, 2004. SUBSEQUENT ACTION A public hearing will be held on the date Council schedules. The target date for adoption of the CIP is September 14, 2004. However, it must be adopted no later than September 27, 2004. RECOMMENDED BY: City Manager and Finance Officer 3 August 10, 2004 Consider authorizing the City Manager to execute an extension of the Beaumont Community Players' Development and Lease Agreement co ity of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: August 10, 2004 AGENDA MEMO DATE: August 5, 2004 REQUESTED ACTION: Council authorize the City Manager to execute an extension of the Beaumont Community Players' Development and Lease Agreement. RECOMMENDATION Administration recommends authorizing the City Manager to execute a one year extension to the current Development and Lease Agreement which the City holds with the Beaumont Community Players(BCP)for the construction of a new community theater on City-owned property. BACKGROUND Council authorized a Development and Lease Agreement with BCP on August 8, 2000 for the construction and lease of a new community theater-located on City-owned property. BCP proposed to raise approximately$1.5 to fund the design and construction of a 13,000 square foot building. The proposed building will seat 250 to 300 patrons in an auditorium-style arrangement. It will also provide a multipurpose room to host dinner plays,rehearsals and meetings, administrative offices for BCP, costume and scene shops, and storage. The terms of the agreement require the City to provide a site at the corner of College and Orleans Streets,upon which the new theater is to be constructed. Upon completion of construction,BCP will donate the theater to the City, then lease the facility for a twenty(20)year term. A nominal lease payment of$10 per year will provide the contractual consideration. BCP will have exclusive use of the facility for education, civic, entertainment, and community theater purposes. In accordance with the conditions stated in the original agreement, construction was to have commenced within two(2)years after execution of the agreement,after which time the right of BCP to use the property terminated. Extension to Development and Lease Agreement August 10, 2004 Page 1 In 2002 and again in 2003,BCP requested extensions ofthe agreement. This was due to the fact that BCP was in need of more time to raise the then-estimated$25M required to construct the building. BCP is again requesting an extension of the lease agreement. They currently have received more than $372,000 of the $634,000 in pledges. Additional time is required to attain the remaining funding. A copy of the original agreement and the last annual Extension of Lease is attached for your review. BUDGETARY IMPACT There is no budgetary impact during the term of the extension. Once the building is constructed and ownership transferred to the City,the City would be responsible for maintenance and utility expenses for its operation. PREVIOUS ACTION Council authorized the execution of a Development and Lease Agreement with BCP on August 8, 2000. The agreement was extended on July 30, 2002, and again on August 12, 2003. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director STATE OF TEXAS § COUNTY OF JEFFERSON § EXTENSION OF LEASE WHEREAS, on August 9, 2000, the City of Beaumont (herein "City") entered into a Development and Lease Agreement with Beaumont Community Players (herein "BCP") for a term expiring August 9, 2002; and WHEREAS, BCP was granted a one (1) year extension on August 9, 2002 which expired August 9, 2003; and WHEREAS, said lease may only be amended by the parties in writing executed by BCP and the City Manager of City; and WHEREAS,City and BCP desire to extend the expiration date for said lease for one (1) additional year; NOW, THEREFORE,the City and BCP agree as follows: 1.01. The Development and Lease Agreement between City and BCP is hereby extended to terminate August 9, 2004. 1.02. All provisions of said...Development and Lease Agreement are hereby accepted and ratified by BCP and City. 1.03. Paragraph 2.3 of such Lease is hereby amended to clarify that the parties understand and agree thatthe laws applicable to construction of the theateron City-owned property requires that the prime contractor provide a payment bond to BCP to protect the rights of laborers,vendors and materialmen who provide goods and services to the project. Page 1 Qb2CUMENTS AND SETTINGS\BRENDANY DOCUMENTS\WPDOCSU.EASES\BMT.COMM.PLAYERS\LEASE-EMNSION#2.WPD 1 IN WITNESS WHEREOF, BCP and City have executed or caused to be executed by the duly authorized officers or agents this lease extension on the 21st day of AUGUST , 2003. CITY OF BEAUMONT BEAUMONT COMMUNITY PLAYERS By: L" By: /'-;'L9k Kyle Hayes, City Manager Beverly arnan, President Page 2 QfC&UMENTS AND SETTINGMBRENDAWIY DOCUMENTS\WPDOCS\LEASES\BMT.COMM:PLAYERSU.EASE-EXTENSION#2.WPD STATE OF TEXAS § COUNTY OF JEFFERSON § DEVELOPMENT AND LEASE AGREEMENT This Development and Lease Agreement is entered into this the day of Al- 2000, by and between the City of Beaumont, a municipal corporation of the State of Texas (hereinafter referred to as "City"), and Beaumont Community Players, a non-profit corporation of the State of Texas (hereinafter referred to as "BCP"). WITNESSETH : WHEREAS, BCP desires to construct a community theater building on land owned by City at an approximate cost of$1.5 million and give said theater building to City at the completion of construction and thereafter lease the theater building and land (herein the "Facility") as a community theater for the benefit of the citizens of Beaumont and Southeast Texas; and WHEREAS, City has Property available, said Property being described in Exhibit "A" attached hereto and made a part hereof for all purposes (herein the "Property"), and wishes to allow BCP the use of the Property for purposes of construction of a theater structure and then lease the structure to BCP. G:1RMW16CPAGR Page 1 of 10 NOW, THEREFORE, IN CONSIDERATION of the mutual promises herein contained and with successful project implementation being the common objective, City and BCP agree as follows: 1. CITY COMMITMENTS 1.1. City will provide to BCP, free and clear of all physical encumbrances, the Property. The Property will be made available for a period of two (2) years after the date of execution of this Agreement, after which time the right of BCP to use the Property will terminate unless BCP has either completed or substantially completed the construction of a theater building on the Property. 1.2. After completion of the theater structure and approval by the City, the City will accept the gift of the theater structure and lease the facilities to BCP for a twenty (20) year period. 2. BCP COMMITMENTS 2.1. BCP will be solely responsible for providing funding of the entire project, including, but not limited to, construction costs, architectural fees, engineering fees and geotechnical fees necessary for the construction of the theater building. 2.2. BCP will retain an architect licensed in the State of Texas to prepare construction drawings and specifications and provide contract management of the entire project. The plans and specifications for the project shall be subject to the approval of the City Manager of City or his designee. G:1RMW16CPAGR Page 2 of 10 t 2.3. BCP will be responsible for the construction of the theater structure in accordance with all laws and ordinances applicable to such construction. 2.4. BCP will execute all documents necessary to make a gift of the theater structure to City after completion of construction and acceptance by City. 3. LEASE AGREEMENT 3.1. For and in consideration of the gift of the theater building to the City and the performance by BCP of covenants and agreements contained in this instrument, City does hereby lease and let unto BCP and BCP does hereby take and lease from City the Facility. 3.2. The Lease shall commence after the gift to City by BCP and the acceptance by City of the theater structure and shall continue for twenty (20) years thereafter, said Lease to terminate no later than the 31 st day of August, 2022, if not sooner terminated as hereinafter provided. 3.3. As rental hereunder, BCP agrees to pay to City the sum of Two Hundred Dollars ($200), said sum being payable at the rate of Ten Dollars ($10) per year during the term of this lease. 3.4. BCP shall use and occupy the Facility as a community theater and for related purposes, including, but not limited to, educational, civic, fundraising and entertainment purposes. BCP agrees to operate the Facility as a community theater during the full term of this Lease. GARMIMBCP.AGR Page 3 of 10 t 1 3.5. BCP will comply with any and all laws, ordinances, rules, orders and regulations of any governmental authority which are applicable to BCP's operations in and on the Facility. 3.6. Nothing contained herein shall prevent BCP from charging an admission price for persons to attend performances at the theater structure or to use and charge for the use of the theater structure for related events. City shall be allowed to use the facilities when available for no charge. 3.7. During the term of this Lease, BCP shall not, without first obtaining the written consent of the City Manager of City or his designee, make any alterations, additions, or improvements in, to or about the Facility, provided, however, that such consent shall not be unreasonably withheld. Any work done by BCP in, to or about the Facility shall be done in a good and workman-like manner and without impairing the structural integrity of the building and in compliance with all applicable codes, ordinances and laws and no liens shall attach to the Facility. Similarly, during the term of this Lease, City will not, without first obtaining the written consent of BCP, make any alterations, additions or improvements in, to or about the Facility; provided, however, that such consent shall not be unreasonably withheld. 3.8. BCP shall not do or suffer anything to be done in or about the Facility which will increase the rate for fire and extended coverage insurance on the Facility. 3.9. If the Facility is damaged by fire or any other casualty, all insurance proceeds for such casualties shall be paid to either BCP or City, as their interest may appear and as G:%RMWIBCP.AGR Page 4 of 10 their loss may be allocated. Either City or BCP may elect to terminate this Lease under the terms hereof should a fire or other casualty loss result in damage to the Facility in excess of fifty percent (50%) of the replacement cost of such Facility immediately prior to such casualty. Should either party elect such termination, then the other party shall have the option for sixty (60) days after the date of such election and notice of such election to terminate the Lease or to elect to rebuild the Facility. Such election to rebuild by either party shall be by written notice to the other party. Should such party elect to rebuild as provided herein, then this Lease shall continue in full force and effect from and after the completion of the rebuilding and reconstruction of the Facility. Any rebuilding or reconstruction of the Facility shall restore such premises to substantially the same condition as existed prior to such casualty loss. Should either party elect to rebuild, such insurance proceeds as shall have been paid to both parties shall be deposited in a state or federal bank with offices located in the City of Beaumont, Jefferson County, Texas. Such insurance proceeds shall be held in escrow by such bank as a trust fund for the purpose of paying for the cost of rebuilding and repairing the Facility and the cost of making temporary repairs or doing such work as may be necessary to protect the Facility against further injury. Such insurance proceeds shall be disbursed in accordance with the provisions of paragraph 3.10 hereof. The bank shall be entitled a reasonable compensation payable out of such fund. If insurance proceeds held by the bank as provided in this paragraph shall exceed such costs, such excess shall belong to and be paid over to the parties who deposited said amounts in proportion to their interest in the GARMWY3 AGR t Page 5 of 1 o account. If rebuilding of the Facility is undertaken by BCP under this Article, the construction shall be made subject to the approval of City. 3.10. Any monies paid out of the trust fund established under the terms of paragraph 3.9 hereof shall be paid as the work progresses, upon the request of the party performing the reconstruction, and against the certificates of the architect or engineer in charge of such reconstruction showing that the amount stated in the particular certificate has been paid or is due in respect to such work together with the names and addresses of the persons, if any, to whom such amounts are due. Payments hereunder shall be subject to normal retainage applicable to construction contracts entered into by home-rule cities in accordance with the laws of the State of Texas. 3.11. Upon any termination of this Lease under any provisions of this Lease other than on a default on the part of BCP, BCP shall be entitled to remove all of the furniture, furnishings and other property of BCP located on the Facility, specifically including, but not limited to, sound, lighting and special effects property associated with theatrical productions. 3.12. Subject to all limits, deductibles and limitations of its policies chosen by City, City shall procure and maintain Texas multi-peril form hazard insurance coverage on the Facility in not less than the full insurable value thereof. Such insurance shall be obtained in the name of City. 3.13. BCP shall procure and maintain all insurance which it deems necessary for its protection against loss of or damage to any property in or on the Facility. G:VUWABCPAGR Page 6 of 10 t 3.14. If either party defaults on the performance of any covenants or conditions hereof, such party may give notice of such default to the other and, if such other party does not cure such default within thirty (30) days after such notice, then the non-defaulting party may terminate this Lease by written notice to so terminate and, if terminated by City, City may re-enter and take possession of the Facility or remove all persons and property therefrom without being deemed guilty of any manner of trespass. 3.15. The failure of either party to insist on strict performance of any covenant or condition hereof or to exercise any option or election herein contained shall not be construed as a waiver of such covenant, condition, option or election. In any other instance, this Lease cannot be changed, amended or terminated orally. 3.16. During the term of this Lease, BCP shall be responsible for general building and grounds maintenance of the Facility and the security system. Maintenance, as used herein, shall mean janitorial service, replacement of luminaries, minor plumbing, minor HVAC maintenance, such as annual checks and replacement of filters, interior painting, beautification and maintenance of landscaping other than grass cutting and general yard maintenance. City will be responsible for walls, roof, exterior windows, HVAC system operation, major plumbing repairs, and the structural integrity of the Facility. City will be responsible for grass cutting and trimming in accordance with the City's regular schedule and quarterly pest control to include termite treatment. City will be responsible for all utilities including garbage collection costs except telephone and cable television or other cable communication devices. Maintenance and repair or replacement of all interior G:1RMW18CPAGR Page 7 of 10 t lighting and sound systems associated with theatrical performances will be the responsibility of BCP, 3.17. BCP agrees to schedule annually a series of not less than three (3)theatrical performances in the Facility utilizing area talent. 3.18. BCP will have control of the use of the Facility throughout the term of this lease and, thus, may allow the Facility to be used by others when available on terms and conditions to be decided by BCP. However, BCP may not assign its obligations under this lease without written consent of City Manager of City. 3.19. BCP shall provide broad form liability insurance (including contractual coverage) naming the City as an additional insured for all uses of the Facility with aggregate limits of not less than $1 million. 3.20. The provisions of this Lease shall apply to, bind and inure to the benefit of City and BCP and their respective successors and assigns; provided, however, that the inclusion of assigns in this sentence shall not be construed to permit an assignment contrary to any other provision or covenant of this lease. 3.21. This lease and any and all amendments, modifications or other writings pertaining thereto shall be construed under and pursuant to the laws of the State of Texas. 3.22. In the event that any provision hereof or the application thereof to any person or circumstances shall be judged invalid or unenforceable, the remainder of this Lease or the application of such provision to persons or circumstances other than those to which it GARMIMBCPAGR Page 8 of 10 is held invalid or unenforceable shall not affected thereby and each term and provision of this Lease shall be valid and enforced to the fullest extent permitted by law. 3.23. In construing this Lease, masculine or feminine pronouns shall be substituted for those neuter in form and vice versa and plural terms shall be substituted for singular and singular for plural in any place in which the context so requires. 3.24. Any notice required hereunder shall be given in writing and shall be deemed to have been duly given only if delivered personally,or sent by registered or certified United States mail, return receipt requested, in a postpaid envelope properly addressed to the parry entitled to receive such notice. Notices shall be sent to the following addresses: City: BCP: City Manager Beaumont Community Players City of Beaumont P. O. Box 21743 P. O. Box 3827 Beaumont, Texas 77720-1743 Beaumont, Texas 77704 3.25 BCP understands that BCP shall be solely responsible for providing adequate parking for the facility during the term of this lease 3:26 City shall be provided keys to the facility and may enter the facility at any time. 3.27 This Agreement and Lease may only be amended by the parties in writing executed by BCP and City Manager of City. 3.28 BCP agrees to indemnify and hold harmless and defend City its officers, agents and employees from and against all liability for claims, liens, suits, demands, and/or actions for damages, injuries to person (including death), property damage, (including loss G:NRMw18CPAGR Page 9 of 10 i of use), and expenses including court costs and attorney's fees, and reasonable costs arising out of or resulting from BCP's activities in the facility, expressly including negligence of City its officers, agents, employees, or invites. IN WITNESS WHEREOF, BCP and City have executed or cause to be executed by the duly authorized officers or agents this Lease, all as of the day and year first above- written. CITY OF BEAUMONT BEAUMONT COMMUT RS By; aue By: , Stephen J. oncze , ity Manager resident GWA MBCPAGR Page 10 of 10 "EXFIIBIT A-111 A 46,871 square foot tract of land out of Block 38 of the Original Town of Beaumont, Jefferson County, Texas, according to the map or plat of said Original Town of Beaumont of record in the office of the County Clerk of Jefferson County, Texas, being described by metes and bounds as follows, to-wit: BEGINNING at the Northeast corner of Lot 179, Block 38 of said Original Town of Beaumont; THENCE South 40 degrees 35 minutes East along the East line of Lot 179 and thru Lot 183, a distance of 180.00 feet to corner at the Northeast corner of Lot 174 and the Northwest corner of Lot 173; THENCE South 49 degrees 25 minutes West along the North line of Lot 174, a distance of 60.00 feet to corner at the Northwest corner of Lot 174 and the Northeast corner of Lot 175; THENCE South 40 degrees 35 minutes East along the West line of Lot 174, a distance of 120.00 feet to the Southwest corner of Lot 174; THENCE South 53 degrees 42 minutes 21 seconds West a distance of 120.34 feet to the Southwest corner of Lot 176; THENCE North 40 degrees 35 minutes West a distance of 171.00 feet to the Northwest corner of Lot 182; THENCE North 49 degrees 25 minutes East along the North line of Lot 182, a distance of 1.6 feet to comer; THENCE in a Northeasterly direction along the arc of a curve to the right,and a distance of 119.21 feet to comer at the end of said curve,the radius of said curve being 127.74 feet with a central angle of 53 degrees 28 minutes 23 seconds; THENCE North 21 degrees 54 minutes 07 seconds East, a distance of 57.81 feet to the Northeast corner of Lot 178 and the Northwest corner of Lot 179 in the South right-of-way line of Wall Street; THENCE North 49 degrees 25 minutes East along the North line of Lot 179, a distance of 60.00 feet to the PLACE OF BEGINNING and containing 46,871 square feet,more or less. CKORIGINALTOWN t "EXHIBIT A-2" 0 N m oi, �tjs STREET cot o P.O.D. 0 aq.6t'S aooh, •d o 177 178 I 179 ® O � l.e• I 18 � a' j \ � y �c.ruMNG Sco o / 182 AREA=46,871 T 4 ° v I epO�• • 176 4yV a'f I 175 sr+eu «� e 174 8 4 /73 I /72 � eincr4 I oincii � ° � O I sT'`�FF7' o m 0 0 COLLEGE 90 PEARL DRAIPN BY.- ATRISTAN SCALE: 1'=60' 4 August 10, 2004 Consider approving a bid for the purchase of a drive through car wash system City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: August 10, 2004 AGENDA MEMO DATE: August 2, 2004 REQUESTED ACTION: Council consider award of a bid for the purchase of drive through car wash system. RECOMMENDATION Administration recommends awarding a bid for furnishing all labor,supplies,materials and equipment for furnishing and installing a drive through car wash system to Car Wash USA of Lake Jackson, Texas in the amount of$51,683.70. BACKGROUND Three(3)bids were received on July 29, 2004 for furnishing and installing a drive through car wash system at the Fleet Service Center located on Lafin Road. The system bid, a Fleet-4-Matic 101 Delux,includes rocker panel brushes for cleaning the lower quarter side ofvehicles and wheels, soap injectors at each stage of wash, a final rinse agent system and a 45 HP air dryer blower. The three(3)bids received are as follow: Vendor Price Completion Time Car Wash USA $51,683.70 4-6 weeks Lake Jackson, TX Commercial Washing System $57,213.00 56 calendar days Houston, TX PECO Car Wash Systems $73,806.50 45 calendar days Houston, TX Purchase of Car Wash System August 2, 2004 Page 2 The car wash system will replace the twelve(12)year old unit currently in service at the Fleet Service Center. The new system is designed to clean light duty vehicles such as cars, vans, and pickups. Heavy duty vehicles and trucks are washed manually using high pressure washers. BUDGETARY IMPACT Funds for this project are available in the Fleet Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. 5 August 10,2004 Consider approving a bid for the purchase and installation of a fire alarm system upgrade for City Hall City of Beaumont Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: August 10, 2004 AGENDA MEMO DATE: August 4, 2004 REQUESTED ACTION: Council approval to award a bid for the purchase and installation of a fire alarm system upgrade for City Hall. RECOMNIENDATION Administration recommends award of a bid for the purchase and installation of a fire alarm system upgrade in the amount of$51,148 to Advanced Systems of Beaumont. BACKGROUND The fire alarm upgrade specified in the bid will consist primarily of a central processing unit, remote smoke and thermal heat detectors, and associate electrical panels and wiring. The upgrade will replace the system which has been in service since construction of the building, and will significantly enhance the effectiveness and reliability of the system. The unit will communicate with the alarm monitoring company currently under contract with the City via dedicated phone line. The system will have a battery backup in the event of a power disruption. Bid notices were provided to twelve (12) vendors, with three(3) responding with bids. The bids received are as follow: Vendor Model Bid Como 1ott Time Total Amount Bid Advanced Systems Fire-Lite MS 9600 25 days $51,148.00 Beaumont,TX Texas Fire&Communications Fire-Lite MS 9600 30 days $64,717.63 Beaumont,TX Guardian Force Security Services Fire-Lite MS-9600 90 days $82,300.00 Beaumont,TX Purchase and Installation of Fire Alarm System- City Hall August 4, 2004 Page 2 The system carries a warranty of two (2) years on parts and one (1) year on labor. BUDGETARY IMPACT Funds are available for this expenditure in the Building Services operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECONEUENDED BY City Manager and Central Services Director. 6 August 10, 2004 Consider authorizing the City Manager to accept the Fletcher Mini Park Improvements and authorize final payment e.p. Cit y of Beaumont M JK•�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works Director MEETING DATE: August 10, 2004 AGENDA MEMO DATE: August 2, 2004 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to accept the Fletcher Mini Park Improvements and authorize final payment in the amount of$6,020.62. RECOMMENDATION Administration recommends final payment to G&G Enterprises and acceptance of the Fletcher Mini Park Improvements. BACKGROUND On May 4,2004,City Council awarded a contract to G&G Enterprises for the following amenities: playground area with a safety fall cushion surface, new stage, site drainage, sidewalk repair and/or replacement, electrical service and drinking fountain in the amount of$56,800. Change Order No. 1 increased the contract to $61,750. The MBE participation in the performance of the contract totals$6,200,representing 10.04%ofthe final contract amount. A copy of the Schedule C identifying the MBE participation is attached. The project has been inspected by the Engineering Division and found to be completed in accordance with the provisions and terms set out in the contract. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Works Director FLETCHER CITY OF BEAUNiONT SCHEDULE OF MBE PARTICIPATION (Schedule C) I Date of Report } 7 /l Department Total Contract Amount$ L v`� Project No. NAME OF PRIME CONTRACTOR/P 20POSER Location NAME OF AIINORITY ADDRESS TYPE OF{YORK(ELECTRICAL,PAVING, PROJECTED COMMENCEMENT& AGREED PRICE CONTRACTOR ETC.)AND CONTRACT ITEMS OF PARTS COMPLETION DATE FOR WORK THEREOF TO BE PERFORMED U D y / M (_ 0 UJlr 11'1 Q(A rIe`u 0e 7�(.y �2 Prep ) e e The undersigned will enter into a formal agreement with MBE Contractors for work listed in this schedule conditioned upon execution of a contract with the City of Beaumont. NOTE: 1. Any business listed above must have Schedule A on file with the City. 2. Schedule C is due no later than working days after bid opening. a�in TIT 34 7 August 10,2004 Consider amending Ordinance No. 04-052 relating to the structures located at 1085 Long Street, 2995 Pine Street (Commercial) and 1825 Elgie Street N~ City of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bengy Williams, Operations Manager MEETING DATE: August 10, 2004 AGENDA MEMO DATE: August 06, 2004 REQUESTED ACTION: Consider an ordinance amending Ordinance No. 04-052 relating to the structures located at 1085 Long Street, 2995 Pine Street (Commercial) and 1825 Elgie Street. RECOMMENDATION At the request of Councilmembers Samuel and Patterson, Administration recommends that the condemnation order for the structures located at 1085 Long Street, 2995 Pine Street(Commercial) and 1825 Elgie Street be reconsidered by Council to allow the property owners to rehabilitate the structures. BACKGROUND These structures were brought before City Council on June 29, 2004 with staff's recommendation of a raze order. BUDGETARY IMPACT City may incur the cost of demolition if the structures are not rehabilitated. PREVIOUS ACTION The Administration recommended and Council approved a raze order for these structures on June 29, 2004. SUBSEQUENT ACTION If Council grants a time period for rehabilitation, staff will enroll the property owners in work programs and monitor the progress of work. If the structures are not brought up to code or substantial progress is not made within the specified time period,the structures will be demolished without any further notification to property owners or City Council action. RECOMMENDED BY City Manager, Public Works Director and Operations Manager. LongPineElgieStructures August 3,2004 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 04-052, TO REMOVE THE STRUCTURES LOCATED AT 1825 ELGIE STREET, 1085 LONG STREET AND 2995 PINE (COMMERCIAL) FROM SECTION 2 AND DIRECTING THAT THE STRUCTURES AT 1825 ELGIE STREET, 1085 LONG STREETAND 2995 PINE(COMMERCIAL)BE DEMOLISHED OR REPAIRED WITHIN DAYS; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Ordinance 04-052 be and the same is hereby amended to amend Section 2 to remove the structures located at 1825 Elgie Street, 1085 Long Street and 2995 Pine (Commercial). Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 10-2 and 14-52 of the Code of Ordinances of Beaumont, Texas and Section 103.4 of the Standard Building Code, it is hereby ordered that the owner or owners of the properties located at 1825 Elgie Street, 1085 Long Street and 2995 Pine (Commercial) either demolish or repair such structures within days of the effective date of this ordinance. The owner is ordered to enter into a work program concerning the structure within days of the date of this ordinance. If the owners fail or refuse to enter into a work program or repair or demolish the structure within the time limit set herein, the City is authorized to demolish the structure without further Council action. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That any person who violated any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of August, 2004. - Mayor Evelyn M. Lord - INTER-OFFICE MEMORANDUM CITY OF BEAUMONT, TEXAS DATE: July 30, 2004 TO: Councilperson Audwin Samuel FROM: Bengie Williams, Operations Manager SUBJECT: 1085 Long COMI%IENT: ♦ The structure at 1085 Long was tagged on 04/09/02 as a dangerous structure. The property owner was listed on the Jefferson County tax roll as Mr. Walter John with a mailing address in South Houston. ♦ A certified notice was issued to the property owner on 04/22/02. ♦ The certified notice was returned unclaimed. ♦ A work repair program was initiated on 05/13/02. A repair permit was purchased on 05/13/02. ♦ A delinquent work repair program letter was issued on 02/10/03 regarding the expired abatement date of 09/13/02. ♦ Mr. John responded to the letter and a work program extension was given until 06/21/03. ♦ A certified notice was issued to the property owner indicating that the structure would be presented before City Council on 06/29/04. ♦ The certified notice was received and signed for by Walter John. ♦ Published in Beaumont Enterprise on 06/16/04 and 06/23/04. ♦ On 06/18/04 Mr. John called to respond to the council meeting letter. Staff explained that the recommendation was for a raze order and that Mr. John needed to appear before City Council on 06/29/04 to request more time from council to make repairs. Staff explained that if he did not appear personally, that the structure would be condemned. ♦ Structure appeared before City Council on 06/29/04. Staff recommended a raze order for this structure based on the extensive repairs needed and the fact that the structure was open and accessible and that there were two homeless men staying in the structure. The property owner did not appear. ♦ Certified notice was issued to Mr. John on 07/06/04 of City Council's order. ♦ Certified letter was returned unclaimed. ♦ Mr. John called on 07/08/04 and became very upset when staff told him that the structure was condemned and was being placed in line for demolition. He stated that he did not understand the conversation that took place on 06/18/04 regarding the need for him to be at the council meeting in person. ♦ On 07/13/04, our last certified letter indicating that the structure was being scheduled for demolition was mailed to Mr. John. ♦ The certified letter was received and signed for by Walter John. On the green card there was a handwritten forwarding address to 800 Avenue F, Bay City, Texas 77414. 4` ix , . -•.rte"°�m..are-+ - rs�mm�-..�.-.. k .a e '- � ir. lot { 7i4 :19 V' ,I " u �a I a r 6s'I y - I 3. a <, I t° p. H bY ' I Y 9 :e S T Yy , } .�5 NG LO, a I6 k I, I ilk " I III 15i ^�y 9 r� I oll I 1.I �ads' tik I I Y INTER-OFFICE MEMORANDUM CITY OF BEAUMONT, TEXAS DATE: July 29, 2004 TO: Councilperson Audwin Samuel FROM: Bengie Williams, Operations Manager SUBJECT: 2995 Pine (Commercial) COMMENT: ♦ The structure at 2995 Pine (Commercial) was tagged on 03/13/01 as a dangerous structure. The property owner was listed on the Jefferson County tax roll as Mr. Luston House with a mailing address of 250 E. Simmons Street. ♦ A certified notice was issued to the property owner on 03/20/01. ♦ The certified notice was received and signed for by Thurston House. It is unsure if the spelling of the first name on the tax roll is incorrect or not. ♦ A work repair program was initiated on 04/09/01 and an extension was later given until 03/12/02. A repair permit was purchased in 2001 but no work has ever been done. ♦ A certified notice was issued to the property owner indicating that the structure would be presented before City Council on 06/29/04. ♦ The certified notice was returned unclaimed. ♦ Published in Beaumont Enterprise on 06/16/04 and 06/23/04. ♦ Structure appeared before City Council on 06/29/04. Staff recommended a raze order for this structure based on the extensive repairs needed and the fact that there has been no contact with the property owner since 2001. ♦ Certified notice was issued to Mr. House on 07/06/04 of City Council's order. ♦ Certified letter green card has not been returned claimed or unclaimed yet. ♦ On 07/13/04, our last certified letter indicating that the structure was being scheduled for demolition was mailed to Mr. House at 250 E. Simmons Street. The certified green card has not been returned from the postal service either. ♦ On 07/23/04, the property owner called to say that he wanted to make repairs to the structure and wanted to enroll in a work repair program again. He stated that he had put a lot of work into the building and did not want the City to demolish. During this telephone conversation, Mr. House gave another mailing address of 285 E. Plum Street. 8^ ' t '• W i Ar Zv r5tr.,_ r M r' am- ff u . 9 r� n r I." a "+If � a § v � . r � r0�' .. 3i.:. ; jT AA -v r� v�pr•:1`�� I s.3i' p s '°' .ro.w. �.aR{�.r ��t lSMhrS A. III of I �r r r v -- r I ■ :Iva" tot i 'Jfy' k k 9 9 myn 3 k , M a ,• a A ^;.. i ILL INTER-OFFICE MEMORANDUM CITY OF BEAUMONT, TEXAS DATE: July 21, 2004 TO: Councilperson Bobbie Patterson FROM: Bengie Williams, Operations Manager SUBJECT: 1825 Elgie CONE%AENT: ♦ The structure at 1825 Elgie was tagged on 12/02/02 as a dangerous structure. The structure has had a rear attic fire and there is extensive fire damage to the rear section of the house. The property owner was listed on the Jefferson County tax roll as Mrs. Ernest Cunningham with a mailing address to the empty structure. ♦ A certified notice was issued to the property owner on 12/05/02. ♦ The certified notice was returned with a stamp indicating that a forwarding order had expired. ♦ A certified notice was issued to the property owner indicating that the structure would be presented before City Council on 06/29/04. ♦ Since no contact had been made with Mrs. Cunningham to get a corrected mailing address, the certified notice was returned. ♦ Published in Beaumont Enterprise on 06/16/04 and 06/23/04. ♦ Structure appeared before City Council on 06/29/04. Staff recommended a raze order for this structure based on the extensive repairs needed. The City Manager's office was also receiving complaints from neighbors regarding the condition of the structure. ♦ Certified notice was issued to Mrs. Cunningham on 07/06/04 of City Council's order. ♦ Certified letter has not been returned but was mailed to the vacant structure address. ♦ On 07/13/04, our last certified letter-indicating that the structure was being scheduled for demolition was mailed to Mrs. Cunningham at the vacant structure at 1825 Elgie. This letter was received and signed for by Ernest Cunningham. ♦ On 07/16/04, the property owner's son, Ernest Cunningham, called to say that he wanted to make repairs to the structure and wanted to enroll in a work repair program. Mr. Cunningham has stated that he has Power of Attorney but he will not be able to enroll in a work program agreement until he submits the proper Power of Attorney paperwork. '� �^M �` *��."..^•,,,,,,. .... .. ` � ��'�! Vim. pry' i p , +,„' Sew a � 'a, w� GI•Y �, , r1 E I +lU 1.. 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