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HomeMy WebLinkAboutPACKET DEC 08 2009 RICH WITH OPPORTUNITY [I ILI .11 1�1 C1 I*' T - E - X - A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS ,DECEMBER 8, 2009 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Darryl Hill would fill the unexpired term of Barry Miller on the Convention and Tourism Advisory Board. The term would commence December 8, 2009 and expire June 17, 2010. (Mayor Becky Ames) Norma Sampson would be reappointed to the Community Development Advisory Committee. The current term would expire September 3, 2011. (Mayor Becky Ames) Lee Smith would be reappointed to the Community Development Advisory Committee. The current term would expire October 1, 2011. (Councilmember Jamie D. Smith) Tony Prados would be reappointed to the Community Development Advisory Committee. The current term would expire October 29, 2011. (Mayor Pro Tern Gethrel Williams-Wright) A) Authorize the Chief of Police and City Manager to execute all documents necessary to transfer an OH-58 Helicopter to the Jefferson County Sheriff s Department B) Authorize the acceptance of two (2) water line easements to provide access for fire protection services at 6045 College Street C) Approve a resolution waiving charges and authorizing the release of weed & litter liens against property described as 2785 Pine Street, Block 69 of the North Addition, Beaumont, Texas A RICH WITH OPPORTUNITY [117LA,111�lcllil T • E • X A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin, Jr., Chief of Police MEETING DATE: December 8, 2009 REQUESTED ACTION: Consider authorizing the Chief of Police and City Manager to execute all documents necessary to transfer an OH-58 Helicopter to the Jefferson County Sheriff's Department. RECOMMENDATION Administration recommends approval. BACKGROUND The Beaumont Police Department received a military OH-58 Helicopter through the 1033 Army Surplus Program in 1999. The helicopter is surplus to the needs of the Police Department at this time and would be better utilized by the Jefferson County Sheriff s Department. BUDGETARYIMPACT The annual cost savings of not operating the helicopter is approximately $40,000. Beaumont Police Department RICH WITH OPPORTUNITY Frank C. Coffin,Jr.,Chief r Office: (409)880-3801 • Fax: (409)880-3844 C P.O.Box 3827 _ Beaumont,Texas 77704-3827 + + T E • X A - S www.beaumontpd.com 'te"°` To: Colonel Randall E. Davis, Office of the Texas State 1033 Program, Sergeant Rondy Kilpatrick JFTX-LES-CD/1033 ATTN: Texas 1033 Program 2200 W. 35h Street BLDG 41 Austin, TX 78703 From: Frank C. Coffin, Jr., Chief of Police, Beaumont Police Department Through: Frank C. Coffin, Jr., Chief of Police, Beaumont Police Department Randall E. Davis, Colonel, Texas State Coordinator, 1033 Surplus Program G. Mitch Woods, Sheriff, Jefferson County, Texas Reference: Transfer of 103') surplus property (see attached list) Date: I request permission to transfer the following 1033 surplus program property. We, at the Beaumont Police Department, have terminated our participation in the joint law enforcement airborne unit with the Jefferson County Sheriff s Department. The property will be transferred from our inventory to the Jefferson County, Texas Sheriff Department inventory upon your approval. The point of contact with the Jefferson County, Texas Sheriff Department is Deputy Brent Weaver at (409) 835-8734. Thank you for your assistance regarding this request. The below listed 1033 surplus is the property that would be transferred from the Beaumont, Texas Police Department to the Jefferson County, Texas Sheriff Department. Nomenclature qty nsn OH-58 Helicopter 1 1520-00-169-7137 1 I SEE REQUIRED SIGNATURES BELOW Chief of Police, Beaumont, Texas Police Dept Frank C. Coffin, Jr. City Manager, City of Beaumont, Texas Kyle Hayes Sheriff, Jefferson County, Texas G. Mitch Woods Colonel, Texas State Coordinator, Randall E. Davis 1033 Program Sergeant, Texas 1033 Program Rondy Kilpatrick 2 Date: Sheriff G. Mitch Woods Jefferson County Sheriff Department Jefferson County, Texas 1001 Pearl Street Beaumont, Texas 77704 Dear Sheriff Woods, Please indicate with your signature below that you understand the following information. RELEASE OF LIABILITY The Jefferson County, Texas Sheriff Department acknowledges receipt of the below listed transferred property from the Beaumont, Texas Police Department. The Jefferson County, Texas Sheriff Department accepts transfer of this surplus property "as is" with no warrantee of fitness for any purpose. This property should be properly inspected prior to "use of application" to ensure all inspections and air safety requirements are adhered to. The Beaumont, Texas Police Department assumes "No LIABILITY" for damages or injuries to any person or property arising from the use of the below listed transferred property. Nsn # ITEM QUANTITY CONDITION 1520-00-169-7137 OH-58 HELICOPTER 1 Sheriff G. Mitch Woods Jefferson County Sheriff Department Jefferson County, Texas 1 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager and the Chief of Police be and they are hereby authorized to execute a request for permission from the State of Texas 1033 Surplus Program Director and all other documents necessary to transfer to the Jefferson County Sheriff's Department an OH-58 helicopter received by the City of Beaumont in 1999. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2009. - Mayor Becky Ames - RICH WITH OPPORTUNITY lc'o A,11 1�1 C1 I T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: December 8, 2009 REQUESTED ACTION: Council consider authorizing the acceptance of two (2) water line easements. RECOMMENDATION The Administration recommends acceptance of two (2) water line easements to provide access for fire protection services at 6045 College Street. BACKGROUND Lisotta Properties, LTD. has agreed to convey two (2) ten (10) foot wide water line easements to the City of Beaumont. The easements (one approximately 562.46 feet; one 657 feet) are out of the Charles Williams League and will provide mandatory access to the water lines and fire hydrants for Lisotta Mini Storage [6045 College Street] and would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARY IMPACT None. \englisotta-ib 30 November 2009 RESOLUTION NO. WHEREAS, Lisotta Properties, LTD., has offered to convey two (2) ten foot (10') wide water line easements out of the Charles Williams League, as described and shown in Exhibits "A"' and "B" attached hereto, to the City of Beaumont for the purpose of providing mandatory access to water lines and fire hydrants for Lisotta Mini Storage located at 6045 College Street and allowing for the construction, alteration, operation and maintenance of the said water lines and appurtenances; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easements conveyed by Lisotta Properties, LTD., as described and shown in Exhibits "A" and "B," be and the same are hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2009. - Mayor Becky Ames - FA UST Engineering and Surveying, Inc. PROFESSIONAL ENGINEERS AND PROFESSIONAL SURVEYORS TELEPHONE(409)813-3410 E-MAIL ADDRESS INFO @FAUSTENG.COM FAX(409)813-3484 2525 CALDER STREET BEAUMONT,TEXAS 77702 EXHIBIT A PAGE] OF2 FIELD NOTE DESCRIPTION FOR THE CENTERLINE OF A 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF THE CHARLES WILLIAMS LEAGUE,ABSTRACT NO.59 BEA UMONT, JEFFERSON COUNTY, TEXAS September 17, 2009 Being a 10 foot wide strip of land situated in the Charles Williams League, Abstract No. 59, Jefferson County, Texas and being out of and part of a Special Warranty Deed as conveyed to Lisotta Property, Ltd, recorded in Clerk's File No. 2003028123, Official Public Records of Jefferson County, Texas, said centerline of the 10 foot wide strip of land being more particularly described as follows: COMMENCING at a 1/2" iron rod found on the south right-of-way line of U.S. Highway 90 (also known as College Street) same being the southeast corner of a called 39.89 acre tract as recorded in Account No. 036050-000-010270-00000-0, Jefferson County Appraisal District; THENCE South 89°26'00" West along said south right-of-way line of U.S. Highway 90, a distance of 9.64 feet pass a 1/2" iron rod found and continuing for a total distance of 19.16 feet to the POINT OF BEGINNING of the herein described 10 foot wide easement; THENCE 5 feet each side of the following described centerline; THENCE South 02°09'33" East, a distance of 255.11 feet; THENCE South 87°44'26" West, a distance of 307.35 feet to the point of termination of said 10 foot wide exclusive waterline easement. Page 1 EXHIBIT "A" EXHIBIT A 2 OF 2 LEGAL FOR EASEMENTS i This description is based on the plat made by Richard F. Faust, P. E., Registered Professional Land Surveyor No. 4 arch 1,2009. F �.................. . . RICHARD F.FAUST ................ ... .. Richard F. F ust, .E. �'°9 4782 Registered Professional Land Surveyor osla su Page 2 EXHIBIT A A 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT 0 UT OF THE CHARLES WILLIAMS LEAGUE, _ABSTRACT NO.59 BEAUMONT, JEFFERSON COUNTY, TEXAS scAlE 1"=60' I Tll! AI?E HYDRAT h 3 & SAL VF I WW W- W WW W-- W WW W »� Q � 3� C W 3 I J EXISTING o N� LISOTTA o MINI STORACE PROPOSED /10' WA TERLINE EASE MENT EXISTING FIRE HYDRANT 3 & IlAt I/E POINT OF BEGINNING PROPOSED 6"" C-900 WATERLINE S 02'09',3J"E 255 11' I FOUND 112" w- u-Www—w—W-w-W- IRON ROD LILL PROPERTY L/NE FOUND 1/2" IRON ROD 3 NOW OR FORMERLY POINT OF GAMES PEOPLE PLAY INC. CALLED 39.89 ACRES COMMENCING Account # 036050-000-010270-00000-0 JCAD Q r)pou'� RICHARD F. FAUST REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782 PREPARED BY: Date: SEPTEMBER 17, 2009 OF �,G`S 7E9F�9 co:: � a•.N ............................I............ RICHARD F.FAUST ......................................... 4782 ENGINEERING AND SURVEYING, INC. 2525 CALDER STREET . BEAUMDNT, TEXAS 77702 O s I'M <4 09) 813-3410 �' FAX (409) 813-3484 090486 FA UST Engineering and Surveying, Inc. PROFESSIONAL ENGINEERS AND PROFESSIONAL SURVEYORS TELEPHONE(409)81 3-341 0 E-MAIL ADDRESS INFO @FAUSTENG.COM FAx(409)813-3484 2525 CALDER STREET BEAUMONT,TEXAS 77702 EXHIBIT B PAGE 1 OF 2 FIELD NOTE DESCRIPTION FOR THE CENTERLINE OF A 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF THE CHARLES WILLIAMSLEAGUE,ABSTRACT NO.59 BEA UMONT, JEFFERSON COUNTY, TEXAS September 17, 2009 Being a 10 foot wide strip of land situated in the Charles Williams League, Abstract No. 59, Jefferson. County, Texas and being out of and part of a Special Warranty Deed as conveyed to Lisotta Property, Ltd, recorded in Clerk's File No. 2003028123, Official Public Records of Jefferson County, Texas, said centerline of the 10 foot wide strip of land being more particularly described as follows: COMMENCING at a 1/2" iron rod found on the south right-of-way line of U.S. Highway 90 (also known as College Street) same being the southeast corner of a called 39.89 acre tract as recorded in Account No. 036050-000-010270-00000-0, Jefferson County Appraisal District; THENCE South 89°26'00" West along said south right-of-way line of U.S. Highway 90, a distance of 9.64 feet pass a '/2" iron rod found and continuing for a total distance of 283.99 feet to the POINT OF BEGINNING of the herein described 10 foot wide easement; THENCE 5 feet each side of the following described centerline; THENCE South 02°2546" East, a distance of 612.55 feet; THENCE South 872748" West, a distance of 44.45 feet to the point of termination of said 10 foot wide exclusive waterline easement. Page 1 EXHIBIT "B" EXHIBIT B 2 OF 2 LEGAL FOR EASEMENTS This description is based on the plat made b 'chard F. Faust, P. E., Registered Professional Land Surveyor h 1, 2009. Q ,RICHARD F.FAUST °.9 4782..�� �. Richard F. ust, P. 9 %00FESS\0.. Registered Professional Land Surveyor /$ FNS Page 2 EXHIBIT B A " 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF THE CHARLES WILLIAMS LEAGUE, ABSTRACT NO.59 BEAUMONT, JEFFERSON COUNTY, TEXAS SCALE: I"=100' U. S. HIGHWAY 90 EX/snNc (aka COLLEGE STREET) FlR& AI ENr POINT OF FWNO„r COMMENCING EXIST/NG WATERL/NE S B9 26 DO W 26,3 gg ; rouNO 112 POINT OF RON ROO BEGINNING i i \9 64' ( Iii PROPOSED 10' WATERL/NE i EASEMENT III p i Lu Ej I Q Q U OW[OpQ 1`prnp� moC)00 bi s 0225'46"E z EXISTING o N 61zss' i LISOTTA Zap° MINI STORAGE i i o 0 o rn a I i b i i o lz ii F/RE HYDRANT 5 672746" W 44.45' & UAL VE rpou� RICHARD F. FAUST REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782 PREPARED BY: Date: SEPTEMBER 17, 2009 OF �S,}�T co:e W O,cp _RICHARD F.FAUST 9 4782 ENGINEERING AND SURVEYING, INC. 9 'oz- 2525 O �,� CALDER STREET HEAUMONT, TEXAS 77702 1409) B13-3410 FAX (409) 813-3484 0904,36 c [111EA,[11�lcl T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: December 8, 2009 REQUESTED ACTION: Council consider a resolution to waive charges in the amount of$3,397.65 and authorize the release of weed & litter liens against property described as 2785 Pine Street, Block 69 of the North Addition, Beaumont, Texas. RECOMMENDATION Administration recommends approval. BACKGROUND The property described above currently has eight(8)weed liens totaling$2,815.86 which represents $1,110.00 in principal, $1,687.86 in interest and $18.00 in fees and one (1) litter lien totaling $581.79 which represents $550.00 in principal and $31.79 in interest. This property, originally owned by Arthur Grant when the weed liens were assessed from 1987 to 1990,has changed owners several times. Under the Hurricane Ike Disaster Program, the City is in the process of acquiring a lot located at 2785 Pine that will be used for new construction of a home for a family whose home, located at 395 Fletcher, is in the flood zone and was severely damaged by Hurricane Ike. This family did not participate in the City's Buyout Program of flooded properties. The Housing Division is requesting that these liens be waived in order for the City to acquire this property and move forward with the noted new construction. BUDGETARYIMPACT None. 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 waive the charges on six (6) weed liens totaling $2,815.86 ($1,110.00 in principal, $1,687.86 in interest and $18.00 in fees) and one (1) litter lien totaling $581.79 ($550.00 in principal and $31.79 in interest) against property described as 2785 Pine Street, Block 69 of the North Addition, in order for the City to acquire the property free of encumbrances. BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to execute all documents necessary to evidence the release of the weed and litter liens against 2785 Pine Street, Block 69 of the North Addition. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2009. - Mayor Becky Ames - RICH WITH OPPORTUNITY [I 11C A.[I 1�1 U1 I* T • E - X - A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 8, 2009 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda item 2/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a specific use permit to allow a restaurant in an RCR-H (Residential Conservation and Revitalization-H) District at 2693 North Street 2. Consider amending Chapter 21- Personnel, Article I, Section 21-6(a)(1), Section 21-6(a)(2) and Section 21-60) of the Code of Ordinances to more clearly define the method of accruing leave PUBLIC HEARING * Receive comments relating to a Texas Transportation Enhancement Program application for a proposed multi-use path around the Drainage District 6 storm water detention facility between Folsom and Delaware 3. Consider approving a resolution authorizing the City Manager to submit a Texas Transportation Enhancement Program Application to the Texas Department of Transportation and accept funding if awarded 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: i In Re: City of Beaumont, Texas, and Local 399, AAA Case No. 70 390 00042 09, Disciplinary Appeal of James Mathews, Jr. 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 December 8,2009 Consider a request for a specific use permit to allow a restaurant in an RCR-H (Residential Conservation and Revitalization-H) District at 2693 North Street RICH WITH OPPORTUNITY r �- T - E - X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chnbone Community Development Director MEETING DATE: December 8, 2009 REQUESTED ACTION: Council consider a request for a specific use permit to allow a restaurant in an RCR-H (Residential Conservation and Revitalization-H)District at 2693 North Street. RECOMMENDATION The Administration recommends denial of the specific use permit. BACKGROUND Jack in the Box Eastern Division,L.P. has applied for the specific use permit. Gene Lacouture,representing Jack in the Box, states that it is the company's intention to build a 2,462 sq. ft. restaurant with associated parking. The restaurant will accommodate both sit down, carry out and drive thru dining. A 25' high, 64 sq. ft. freestanding owner identification pylon sign will be constructed on 11'Street. The property is currently occupied by a one story medical building and related parking. The entire property consists of the West 40' of Lot 11 and Lots 12-15. Lots 13-15 are zoned GC-MD. At a Joint Public Hearing held November 16, 2009, the Planning Commission recommended 7:0 to deny the specific use permit. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RESTAURANT IN AN RCR-H (RESIDENTIAL CONSERVATION AND REVITALIZATION-H) DISTRICT LOCATED AT 2693 NORTH STREET 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 Jack. in the Box Eastern Division, L.P., to allow a restaurant in an RCR-H (Residential Conservation and Revitalization-H) District located at 2693 North Street, being Lot 12 and the West 40' of Lot 11, Block 52, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.14 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 restaurant in an RCR-H (Residential Conservation and Revitalization-H) District located at 2693 North Street, being Lot 12 and the West 40' of Lot 11, Block 52, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.14 acres, more or less, is hereby granted to Jack in the Box Eastern Division, L.P., its legal representatives, successors and assigns, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes. 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, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2009. - Mayor Becky Ames - >. - • - • 0••. bs z'�-r"�v 4 - 77 .� ar4 � `a Via' ly (� 1 7 1 3 I Y d S Y4 ACI A A WE s X M. "' "�"`+3 �y✓�i'�1 r { r 1 t � ,�t r'1 T� ". Jr � t 3 � �' I +• � '7 a~� v- r yk�� �� r I} "1( ✓ ti, a s z k �{r`arl �� C`h�.try r3 4-r /!� L � l .r' I �,. �; �' � 4 �/a/r ✓ � v � n�r r r r ?5"j ',�� tY�'�.n'�'� �ff a� �ji r,a(,�4 1� r•i � a� s � - i� a Fr..l4 t�w.�( i r„a,i., a��� t t!•`V -r J`� +ye.G t n r r- 3 ff +.,?�+ d i ,J,n. -x c EM d h q �L v s t.r" �v � 2� l� R! xa ➢`T7, If��i r - �p t-n b it z i j � t.`'" ��gF f > iii ad r d s1 � y s az rir g3 `r -arvr+�-, K a, ySrt. ;.t,j .}h�.�'r+�i Ml wil PROPOSED SITE PLAN INFORMATION W DEM 0 W13 Sejj•207 150XII, wdrw I_A IL ING SE BA K IGNAGE ALLOWED 065J (!7'I —DATES SITES fJ7.171 SCI ACRE DRIVE rg 17 is r PROPOSED K CONCRETE • W REVISIONS ALK In In 9 28• 7 qw, 01 /.ITE Q, u 29 ---------------------......— MK9 PROPOSED AS 2 LIGHTING W. 2,4625 THANK _48' ,h! DO NOT ENTER You/ EXISTING LL ...... DRIVEWAY VICINITY MAP 0 TI, .k JIB POLE SIGN 64 SO.FT. J.— 25'ITT. C.,­­C,—: 1, (2) J. SETSACK Landscape Legend a EXISTING BUILDING 3 27' CONCRETE 0. 27 WALK o c, '16 )n-w mcc, EXISTING ELEVENTH ———————————— NTH STREE JA COBS -rT INFORMATIGN 0 w,n ax4rxm we SA-W I A.I. 0 T.sl 0 a[A—C,rA SITE PROPOSED SITE LAYOUT LAYOUT SCALE:—20 SCALE:I- NORTH NORTH Z December 8,2009 Consider amending Chapter 21- Personnel, Article I, Section 21-6(a)(1), Section 21-6(a)(2) and Section 21-60) of the Code of Ordinances to more clearly define the method of accruing leave RICA 4T LTH OPPORTUNITY r riL ►11 1�1 El I T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lillie Babino, Human Resources Director, , MEETING DATE: December 8, 2009 REQUESTED ACTION: Council consider amending Chapter 21- Personnel, Article I, Section 21-6(a)(1), Section 21-6(a)(2) and Section 21-60) of the Code of Ordinances to more clearly define the method of accruing leave RECOMMENDATION Administration recommends approval of amending Section 21-6(a)(1), Section 21-6(a)(2) and Section 21-60)to provide a clearer understanding of how vacation, personal and short-term disability leave are accrued. BACKGROUND Chapter 21 of the Code of Ordinances addresses the conditions under which a civilian full-time employee can accrue vacation, personal and short-term disability leave. Currently the ordinance states that a full-time civilian employee shall earn leave only when the employee is paid for 80 hours in the same pay period. It does not clearly reflect the fact that the employee must be paid for 40 hours each week of the 80 hour pay period in order to accrue leave benefits. BUDGETARY IMPACT None. City of Beaumont - Code of Ordinance Chapter 21. PERSONNEL Sec. 21-6. Leave. (a) Regular full-time civilian employees regularly assigned to work forty (40) hours per week shall earn vacation on a biweekly basis in accordance with the following schedule: (1) Vacation leave. Full Years of Service Hours Per Pay Period Hours Per Year Weeks Per Year 0-4 3.08 80 2 5-14 4.62 120 3 15-23 6.15 160 4 24+ 7.69 200 5 Each regular full-time civilian employee shall earn vacation leave only when he/she is paid for � r7h .t [ilk, pay P.-IlkJU forty (40) hours each week of the eighty(y(80) hour pay period. (2) Personal leave. Each regular full-time employee regularly assigned to work forty (40) hours per week shall earn a maximum of forty (40) hours of personal leave per year. Suci cinployce shail carn lie!sonal leave Only When tile eniplo-vee i . Each regular full-time civilian employee shall earn personal leave only when he/she is paid for forty (40) hours each week of the eighty (80) hour pay period. Two days personal leave will be available for use to every full-time civilian employee upon his/her employment with the city. (j) Short-term disability. Each regular full-time employee regularly assigned to work forty(40) hours per week shall earn a maximum of ninety-six (96) hours of short- term disability per year. Such employee shall earn short-term disability leave only when he/she is paid for forty (40) hours each week of the eighty (80) hour pay period. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 21, SUBSECTIONS 21-6(a) and 21-60) OF THE CODE OF ORDINANCES TO CLARIFY THE METHOD OF ACCRUING LEAVE; PROVIDING FOR SEVERABILITYAND PROVIDING FOR REPEAL. Section 1. That Chapter 21, Subsections 21-6(a) and Q), of the Code of Ordinances of the City of Beaumont be and the same are hereby amended to read as follows: Sec. 21.6. Leave. (a) Regular full time civilian employees regularly assigned to work forty (40) hours per week shall earn vacation on a biweekly basis in accordance with the following schedule: (1) Vacation leave. Full Years of Service Hours Per Pay Period Hours Per Year Weeks Per Year 0-4 3.08 80 2 5-14 4.62 120 3 15-23 6.15 160 4 24+ 7.69 200 5 Each regular full-time civilian employee shall earn vacation leave only when he/she is paid for forty(40) hours each week of the 80 hour pay period. (2) Personal leave. Each regular full-time employee regularly assigned to work forty (40) hours per week shall earn a maximum of forty (40) hours of personal leave per year. Each regular full-time civilian employee shall earn personal leave only when he/she is paid for forty (40) hours each week of the eighty(80) hour pay period. Two days personal leave will be available for use to every full-time civilian employee upon his/her employment with the city. 0) Short-term disability. Each regular full-time employee regularly assigned to work forty (40) hours per week shall earn a maximum of ninety- six (96) hours of short-term disability per year. Such employee shall earn short-term disability leave only when he/she is paid for forty (40) hours each week of the eighty (80) hour pay period. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance and, to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. All ordinances or parts of ordinances in conflict herewith, including conflicting portions of the City Budget, are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2009. - Mayor Becky Ames - PUBLIC HEARING * Receive comments relating to a Texas Transportation Enhancement Program application for a proposed multi-use path around the Drainage District 6 storm water detention facility between Folsom and Delaware 3 December 8,2009 Consider approving a resolution authorizing the City Manager to submit a Texas Transportation Enhancement Program Application to the Texas Department of Transportation and accept funding if awarded RICH WITH OPPORTUNITY r T ._E • X • A s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager 1� . PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: December 8, 2009 REQUESTED ACTION: Council conduct a public hearing and approve a resolution authorizing the City Manager to submit a Texas Transportation Enhancement Program Application and accept funding if awarded. RECOMMENDATION Administration recommends the City Council authorize the City Manager to submit a Texas Transportation Enhancement Program application, and accept if awarded, for a multi-use path around the Drainage District 6 storm water detention facility between Folsom and Delaware and acknowledge the City's contribution if awarded. BACKGROUND The Transportation Enhancement Program offers funding opportunities to help expand transportation choices and enhance the transportation experience through non-traditional transportation means. This includes the creation of bicycle and pedestrian infrastructure. The program is funded through the Surface Transportation Program and is administered through the Texas Department of Transportation. A call for applications opened on October 9, 2009 and closes on December 11, 2009. The funds will allow for the construction of a two and one-half mile concrete pathway for bicycle and pedestrian use around the storm water detention facility located just east of Major Drive between Folsom and Delaware. The project includes all associated infrastructure, a parking lot, landscaping, benches, and a pavilion. The City's contribution will be 20% or$590,000 of the total project cost estimated at$2.95 million. If funded, this project will require a 20 year maintenance commitment. BUDGETARY IMPACT If awarded, the City's contribution will be $590,000 and will be funded through the Capital Program. ti b -7 ,k • tr Yk z S;1 DR t # J N y p ' •�f 0 =i t 8 -re A �1. 1 Legend '` Multi_Use_Amen ` �..„. Item �: of Landscaping — ' Parking Lot Refresh Station Multi—Use r Surface Bridge Proposed Multiuse Tra i I ---- N ■■■�■ Concrete 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 submit a Texas Transportation Enhancement Program Application to facilitate the installation of a multi-use path around a Drainage District 6 storm water detention facility between Folsom and Delaware. BE IT FURTHER RESOLVED that the City Council acknowledges the City's contribution will be 20% of the estimated total project cost of $2.95 million, or $590,000, and the City will be 100% responsible for cost overruns, if awarded. BE IT FURTHER RESOLVED THAT the City agrees to commit to the project's development, implementation, construction, maintenance, management and financing. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2009. - Mayor Becky Ames - I