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HomeMy WebLinkAboutPACKET APR 16 2019BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 16, 2019 1:30 PM CONSENT AGENDA Approval of minutes — April 9, 2019 Confirmation of board and commission member appointments A) Authorize the City Manager to execute Change Order No. 1 to the contract for the Tyrrell Historical Library Staircase Repairs, Lath Plaster Restoration, and Painting Project located at 695 Pearl Street B) Authorize the settlement of the lawsuit styled Larry Veal v. City of Beaumont; Cause No. B-190,049 0 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Director MEETING DATE: April 16, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 1 to the contract for the Tyrrell Historical Library Staircase Repairs, Lath Plaster Restoration, and Painting Project located at 695 Pearl Street. BACKGROUND On January 29, 2019, by Resolution No. 19-026, City Council awarded H. B. Neild & Sons, Inc., of Beaumont, Texas the contract for Staircase Repairs, Lath Plaster Restoration, and Painting of the Tyrrell Historical Library in the amount of $130,880.25. Change Order No. 1 is required to remove and replace two existing floor joists on the second floor Work Room 201 that supports the wooden staircase, remove all of the existing wood flooring in Work Room 201 and replace with new stained wood flooring to match existing, remove and replace wood base boards as needed, remove and replace plaster ceiling as needed to make repairs to the wood joists, remove and replace wood skirt board, and touch-up painting as needed in Work Room 201. The damaged wood components scheduled to be replaced resulted from concealed termite damage. Approval of Change Order No. 1 in the amount of $12,164.78 is recommended. FUNDING SOURCE Tyrrell Historical Library Trust Fund. RECOMMENDATION Approval of resolution. C BEAUMONT Facilities Maintenance CHANGE ORDER Project: City of Beaumont Change Order Number: 1 Staircase Repairs, Lath Plaster Restoration And Painting of the Tyrrell Historical Library Date: April 8, 2019 City Bid No: TF1119-05 Contractor: H. B. Neild P. O. Box 22555 Beaumont, Texas 77720-2555 The Contract is changed as follows: Remove and replace two existing floor joists on the 2"d floor Work Room 201 that supports the wooden staircase, remove all of the existing wood flooring in Work Room 201 and replace with new stained wood flooring to match existing, remove and replace wood base boards as needed, remove and replace plaster ceiling as needed to make repairs to the wood joists, remove and replace wood skirt board, and touch-up painting as needed. The damaged wood components scheduled to be replaced resulted from termite damage. TOTAL: The Original Contract Sum was $12,164.78 $130,880.25 The net change by previously authorized Change Orders $0.00 The Contract Sum prior to this Change Order was $130,880.25 The Contract Sum will be increased by this Change Order in the amount of $12,164.78 The new Contract Sum including this Change Order therefore is The Contract Time will be increased by fourteen (14) days.. H.B. Neild P. O. Box 22555 Beaumont, Texas 77720-2555 City of Beaumont 1848 Pine St. $143,045.03 Beaumont, Texas 77703 By (Signature) By (Signature) Un con HBNeild Contmaolsand CnustrucLion Managers COhfhl EQCIAL- INSTITLMONAL- INDUMIAL w .hbneild—m I`ll ii(!• r_:?:� i .,uunnnt,'I'\' —,'20-' S55 !(-I 109 812.22 I'I\ H09.`1112.036V 4/5/2019 To: City of Beaumont C/O: Mr. Thomas Ashworth Re: Tyrell Library— Staircase Renovation — 2nd Floor, Joist Replacement at Staircase E — Change Request (2) Mr. Ashworth, H.B. Neild & Sons is pleased to furnish the labor, equipment, and supervision for the renovations at the Tyrell Library — 695 Pearl St. Beaumont, TX. This change request will be completed for a lump sum of $12,164.78 (Twelve Thousand, One Hundred Sixty Four Dollars and 78/xx). This change request will take 14 days to complete. PROPOSED WORK SCOPE • Remove and replace two existing floor joists on the 2nd floor, tying into staircase E. • Remove all existing flooring in Work Room 201, and replace with new stained flooring to match existing. • Remove and replace floor base as needed. • Remove and replace any plaster needed to remove the existing joists. • Remove and replace skirtboard. • Touch-up paint as needed. . CLARIFICATIONS and EXCLUSIONS 1. This proposal is based on our ability to perform the scope of work uninterrupted. Any delays beyond our control, including unforeseen work stoppages, will result in additional charges. 2. This proposal is based on a working week of 4 ten hour days (Monday — Thursday). 3. No additional overtime beyond a 40 hour work week has been included. 4. All safety and site access requirements have been included. 5. This proposal is good for 30 days from date posted above. 6. Any additional work other than the work listed above will be extra to the above price. 7. Removal, relocation, haul off or disposal of any undisclosed or unforeseen materials uncovered, unearthed, or otherwise discovered during course of construction has been specifically excluded. Any down time associated with undisclosed or unforeseen materials encountered during construction will result in additional charges to the owner. 8. All tax has been included. 9. All dumpsters have been included. 10. This proposal excludes any unforeseen/damaged material behind the listed scope of work. U HBNeild NHBNeild Contractors and Constivction Managers CONIMENCIA I: INSTIMIONAI. • INDUSTMIM. w-hbndld.-. �' O jillg', 25 55 RhaumnnL TX 77720-25 55 TvI 109.812 227_ Fax 1098^2.0369 As always, thank you for the opportunity. If you have any questions, please feel free to contact me. Sincerely, Thomas B. Neild, Jr. Project Manager W HBNeild RESOLUTION NO. WHEREAS, on January 29, 2019, the City Council of the City of Beaumont, Texas passed Resolution No. 19-026 awarding a contract in the amount of $130,880.25 to H.B. Neild & Sons, Inc., of Beaumont, Texas, for the Tyrrell Historical Library Staircase Repairs, Lath Plaster Restoration, and Painting Project; and, WHEREAS, Change Order No. 1, in the amount of $12,164.78, is required to remove and replace two existing floor joists on the second floor Work Room 201 that supports the wooden staircase; remove all of the existing wood flooring in Work Room 201 and replace with new stained wood flooring to match existing; remove and replace wood base boards as needed; remove and replace plaster ceiling as needed to make repairs to the wood joists; remove and replace wood skirt board; and, touch-up painting as needed in Work Room 201, thereby increasing the total contract amount to $143,045.03; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 1, in the amount of $12,164.78, for additional work described above, thereby increasing the total contract amount to $143,045.03 for the Tyrrell Historical Library Staircase Repairs, Lath Plaster Restoration, and Painting Project. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of April, 2019. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: April 16, 2019 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the lawsuit styled Larry Veal v. City of Beaumont; Cause No. B-190,049. BACKGROUND The lawsuit styled Larry Veal v. City of Beaumont; Cause No. B-190,049, was presented and discussed in Executive Session held on March 19, 2019. The City Attorney is requesting authority to settle this suit in the amount of $19,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the lawsuit styled Larry Veal v. City of Beaumont; Cause No. 13- 190,049, was discussed in Executive Session properly called and held Tuesday, March 19, 2019; and, WHEREAS, the City Attorney is requesting authority to settle the lawsuit; and, WHEREAS, the City Council has considered the merits of the request and is of the opinion that it is in the best interest of the City to settle the suit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and he is hereby, authorized to settle the matter of Larry Veal in the lawsuit styled Larry Veal v. City of Beaumont; Cause No. B-190,049, for the sum of Nineteen Thousand and XX/100 Dollars ($19,000.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the lawsuit. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the. City of Beaumont this the 16th day of April, 2019. - Mayor Becky Ames - BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 16, 2019 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognitions * Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda Consent Agenda GENERAL BUSINESS 1. Consider an ordinance denying the Entergy Texas, Inc. application for Distribution Cost Recovery Factor rate increase on file with the City of Beaumont 2. Consider amending Section 20.03.003 of the Code of Ordinances related to the speed limit on two (2) sections of Concord Road 3. Consider amending Section 20.03.004 of the Code of Ordinances related to School Zones PUBLIC HEARING Receive comments related to the Community Development Block Grant - Disaster Recovery (CDBG-DR) Program and the Buy-out/Acquisition of properties within flood zone AE that were flooded during Hurricane Harvey COMMENTS Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager comment on various matters EXECUTIVE SESSIONS Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Christine H. Mickles v. City of Beaumont, Texas; Cause No. 197,926 Interflow Factors Corporation v. Valory Barnett, Individually and d/b/a PCLC Landscape Management and the City of Beaumont, Texas; Cause No. 0130641 GENERAL BUSINESS 4. Consider a resolution approving contracts for grounds maintenance and litter removal at City Parks and Triangles Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. L April 16, 2019 Consider an ordinance denying the Entergy Texas, Inc. application for Distribution Cost Recovery Factor rate increase on file with the City of Beaumont BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: April 16, 2019 REQUESTED ACTION: Council consider an ordinance denying the Entergy Texas, Inc. application for Distribution Cost Recovery Factor rate increase on file with the City of Beaumont. BACKGROUND By letter delivered on March 28, 2019, Entergy Texas, Inc. (ETI) filed an application with the City of Beaumont for authority to implement a Distribution Cost Recovery Factor (DCRF). Entergy has at the same time filed the application with the Public Utility Commission of Texas (PUCT) covering its customers located outside the cities boundaries. A DCRF allows the electric utility to make adjustments to an existing rider based upon changes in its distribution investment capital. In its DCRF application, Entergy requests implementation of a rider that would collect approximately $3.2 million in additional annual revenue to cover increased distribution expenses it has incurred since its last base rate case. Residential customers would be charged approximately $2 million or 62% of the requested increase, which amounts to approximately $0.34 per month for an average residential customer using 1000 kWh per month. The DCRF request follows a different process than the typical base rate case where the City has an opportunity to suspend the request to allow for an opportunity to analyze the request. With the DCRF, the City has 60 (sixty) days from the filing date to approve, modify, or deny the request. The Cities' retained utilities attorney and rate consultants have preliminarily analyzed this request and are recommending denial of the application. Denial is recommended at this time to allow an opportunity for review to substantiate whether the company has properly calculated its proposed DCRF revenue requirements, class billing determinants, and resulting rates. The denial of the application by the Cities would allow for an appeal to the Public Utility Commission of Texas for a full review and ultimate resolution. FUNDING SOURCE The reasonable expenses associated with rate cases are reimbursable by the company as provided for in the Public Utility Regulatory Act. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. AN ORDINANCE BY THE CITY OF BEAUMONT, TEXAS ("CITY") DENYING THE DISTRIBUTION COST RECOVERY FACTOR RATE INCREASE REQUEST OF ENTERGY TEXAS, INC. FILED ON MARCH 28, 2019; SETTING JUST AND REASONABLE RATES FOR ENTERGY TEXAS, INC. FOR SERVICE WITHIN THE MUNICIPAL LIMITS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS. WHEREAS, on or about March 28, 2019, Entergy Texas, Inc. ("Entergy") filed an Application for Approval to Establish its Distribution Cost Recovery Factor with the City to increase electric rates by implementing a new rider pursuant to Public Utility Regulatory Act ("PURA") Section 36.210; and, WHEREAS, City has exclusive original jurisdiction over the rates, operations and services of an electric utility within its municipal limits pursuant to PURA Section 33.001(a); and, WHEREAS, the jurisdictional deadline for the City to act in this rate matter is May 27, 2019; and, WHEREAS, Entergy's proposed Distribution Cost Recovery Factor rider would increase customer rates in the Entergy Service Area by approximately $3.2 million per year; and, WHEREAS, the City retained the Lawton Law Firm, P.C. to review the Company's rate request and make necessary rate recommendations to the City; and, WHEREAS, the Lawton Law Firm has recommended that the City deny the Company's request for a Distribution Cost Recovery Factor; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. Section 2. The City of Beaumont hereby denies Entergy's request for a Distribution Cost Recovery Factor in total. Section 3. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code Chapter 551. Section 4. This ordinance shall become effective from and after its passage. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of April, 2019. - Mayor Becky Ames - ATTEST: 2 April 16, 2019 Consider amending Section 20.03.003 of the Code of Ordinances related to the speed limit on two (2) sections of Concord Road BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, Public Works Director MEETING DATE: April 16, 2019 REQUESTED ACTION: Council consider amending Section 20.03.003 of the Code of Ordinances related to the speed limit on two (2) sections of Concord Road. BACKGROUND Residents have requested an evaluation of the speed limit on Concord Road between State Highway 105 and the Eastex frontage road. The speed at which 85 percent of all vehicles are observed travelling under free -flowing conditions is called the 85th percentile speed. This is used by transportation engineers as a guide to set speed limits, since a majority of people travel at a speed that they feel comfortable at, rather than the posted speed limit. A recent traffic study was conducted in the 7300 block of Concord Road on March 20, 2019. The data resulted in an 85th percentile speed of 27 mph, with 78 percent of vehicles travelling between 18 and 28 mph. The suggested speed limit for this narrow, residential road is 30 mph. The Engineering Division also suggests that the southernmost section of Concord Road, between Gulf Street and Plum Avenue be reduced to 35 mph to provide continuity along the roadway. It is recommended that the speed limit and speed zone boundary change for Concord Road by amending the speed limits for Concord Road under the schedule of Chapter 20 Section 20.03.003 to read as follows: Street Limits of Zones Concord (a) From the centerline of Gulf Street to the Road centerline of S.H. 105 (Sour Lake Road). (b) From the centerline of S.H. 105 (Sour Lake Road) to a point 250 feet east of the centerline of Eastex east frontage road. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the ordinance. Direction of Speed In Miles Travel Per hour Max Min North and 35 South North and South 30 Proposed Concord Road Speed Zone Amendment Section 20.03.003 Current Ordinance (a) From a point 60 feet north of the centerline of Haden to a point 120 feet north of the centerline of S.H. 105 (Sour Lake Road). (b) From a point 120 feet north of the centerline of S.H. 105 (Sour Lake Road) to a point 250 feet east of the centerline of Eastex east frontage road. (c) From the centerline of Gulf Street to the centerline of Plum Street. (d) From the centerline of Plum Street to the centerline of East Lucas. Proposed Amendment (a) From the centerline of Gulf Street to the centerline of S.H. 105 (Sour Lake Road). (b) From the centerline of S.H. 105 (Sour Lake Road) to a point 250 feet east of the centerline of Eastex east frontage road. (Current Speed Zones) North and South 35 North and South 40 North and South 40 North and South 35 North and South 35 North and South 30 (continued) S µ `RTMETUN 0 � -' _ � � « �' ,� •_.: �,' vim''; . 35 i \� Proposed: miph ny 6 �`��" x I, : .•a K - .� r ors ` t � A f j • rp f. At Is, � /.ej �I ��4� x1 •I ��� � K ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 20, SECTION 20.03.003 OF THE CODE OF ORDINANCES OF- BEAUMONT, TEXAS BY CHANGING AND AMENDING SPEED LIMITS AND SPEED ZONE BOUNDARIES TO THE SCHEDULE FOR TWO (2) SECTIONS OF CONCORD ROAD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 20, Section 20.03.003 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended by changing and adding speed limits and speed zone boundaries to the Schedule for two (2) sections of Concord Road to read as follows: Direction Speed In Miles Street Limits of Zones of Travel Per Hour Max Min Concord (a) From the centerline of Gulf Street to the North and 35 Road centerline of S.H. 105 (Sour Lake Road). South (b) From the centerline of S.H. 105 (Sour North and 30 Lake Road) to a point 250 feet east of the South centerline of Eastex east frontage road. Section 2. That if any section, subsection, sentence, clause of 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 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of April, 2019. - Mayor Becky Ames - 3 April 16, 2019 Consider amending Section 20.03.004 of the Code of Ordinances related to School Zones BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: April 16, 2019 REQUESTED ACTION: Council consider amending Section 20.03.004 of the Code of Ordinances related to School Zones. BACKGROUND Recently staff received a request from Legacy Christian Academy to modify the school zone times to fit the starting and ending times of their school days. The current ordinance states the school zone is in operation from 7:00 — 8:05 AM and from 2:55 — 3:40 PM. The new times will be from 7:20-8:30AMand 2:30-3:40PM. Also a request was received to extend the physical boundaries of the Sallie Curtis school zone on Peyton Drive. After analysis, staff recommends the zone be modified from "From a point 50 feet south of the centerline of Wynden Way to the centerline of North Circuit Drive" to "From a point 70 feet south of the centerline of Parson Drive to the centerline of North Circuit Drive. Times for this school zone would remain the same. FUNDING SOURCE None. RECOMMENDATION Approval of the ordinance. Sec. 20.03.004 Speed limits decreased in school zones It is hereby determined, upon the basis of an engineering and traffic investigation, that the speed permitted by state law upon those streets, or portions of streets, described in the following schedule is greater than is reasonable or safe under the conditions found to exist upon such streets and it is hereby declared that the prima facie speed limit upon those streets or portions thereof described in the following schedule shall be decreased as therein stated and the limits so declared shall be effective at the times specified therein when signs are erected giving notice thereof. In accordance with this section, and when signs are erected giving notice thereof, the prima facie speed limit shall be twenty (20) miles per hour for each school zone between the hours below, Monday through Friday on school days: SCHOOL STREET, DIRECTION DESCRIPTION SCHEDULE OF TRAVEL Legacy SH 105 E & W From a point 280 feet east of the 7:20 am - 8:30 am Christian centerline of Deerfield Drive to a & Academy point 785 feet west of the 2:30 pm - 3:40 pm centerline of Windswept Drive. Sallie Curtis Peyton Drive N & S From a point 70 feet south of the 7:00 am - 8:20 am Elementary centerline of Parson Drive to the & centerline of North Circuit Drive. 3:10 pm - 3:55 pm ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 20, SECTION 20.03.004 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS BY CHANGING AND AMENDING SCHOOL ZONE TIMES FOR LEGACY CHRISTIAN ACADEMY AND BY CHANGING AND AMENDING SCHOOL ZONE BOUNDARIES FOR SALLIE CURTIS ELEMNTARY SCHOOL ON PEYTON DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 20, Section 20.03.004, Speed limits decreased in school zones, of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended by amending the time schedule for the school zone of Legacy Christian Academy as follows: SCHOOL STREET DIRECTION DESCRIPTION OF TRAVEL Legacy SH 105 E & W From a point 280 feet Christian east of the centerline Academy of Deerfield Drive to a point 785 feet west of the centerline of Windswept Drive. Section 2. SCHEDULE 7:20 am - 8:30 am & 2:30 pm - 3:40 pm THAT Chapter 20, Section 20.03.004, Speed limits decreased in school zones, of the Code of Ordinances of the City of Beaumont, be and the, same is hereby amended by amending the physical boundaries of Sallie Curtis Elementary located on Peyton Drive to read as follows: SCHOOL STREET DIRECTION DESCRIPTION SCHEDULE OF TRAVEL Sallie Curtis Peyton Drive Elementary N & S From a point 70 feet south of the centerline of Parson Drive to the centerline of North Circuit Drive. Section 3. 7:00 am - 8:20 am & 3:10 pm - 3:55 pm That if any section, subsection, sentence, clause of 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 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, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of April, 2019. - Mayor Becky Ames - PUBLIC HEARING * Receive comments related to the Community Development Block Grant - Disaster Recovery (CDBG-DR) Program and the Buy-out/Acquisition of properties within flood zone AE that were flooded during Hurricane Harvey BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, CC.iity Manager PREPARED BY: Chris Boone, PYa�ing & Community Development Director MEETING DATE: April 16, 2019 REQUESTED ACTION: Council conduct a Public Hearing to receive comments on the Community Development Block Grant - Disaster Recovery (CDBG-DR) Program to Buy-out/Acquire properties within flood zone AE that were flooded during Hurricane Harvey. BACKGROUND As mandated by the U.S. Department of Housing and Urban Development (HUD), the City of Beaumont is seeking public input in order to determine community needs in relation to CDBG Local Buy-out/Acquisition funding. The project involves the potential purchase of twenty-seven (27) homes, located in the flood zone AE, that were damaged during Hurricane Harvey. FUNDING SOURCE U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant - Disaster Recovery Grant funds. RECOMMENDATIONS Conduct the Public Hearing. PUBLIC HEARING NOTICE NOTICE OF PUBLIC HEARING COMMUNITY DEVELOPMENT BLOCK GRANT- DISASTER RECOVERY FUNDS RELATED TO LOCAL BUY-OUTS/ACQUISITIONS CITY OF BEAUMONT HURRICANE HARVEY CDBG-DR PROJECT The City of Beaumont is seeking public input in order to determine community needs in relation to the CDBG Local Buy-out/Acquisition funding. A public hearing concerning the Local Buy-out/Acquisition funding is scheduled to be held March 19, 2019, 1:30 p.m., at the Beaumont City Hall located at 801 Main Street, Beaumont, Texas. The purpose of this public hearing will be to discuss the Local Buy- out/Acquisition funding and solicit citizen input. All citizens are encouraged to attend this public hearing and present their views to the city council. If you cannot attend in person, written comments may be submitted and will be accepted by the city until this public hearing is concluded. A copy of the proposed project is available for review during normal business hours, (Mon. — Fri. — 8:00 — 5:00), in the Community Development Department, located on the 2nd floor of the Beaumont City Hall. For further information concerning the buy- out/acquisition funding_please contact Adina Josey at (409) 880 - 3155. The city of Beaumont Affirmatively Furthers Fair Housing and is an Equal Opportunity Employer. Persons with disabilities, who plan to attend this meeting and may need auxiliary aids or services, are requested to contact Kaltrina Minick, prior to the meeting at (409) 880 — 3777. Persons who need language translation services, who plan to attend this meeting, are requested to contact Marisa Arceneaux, prior to the meeting, at (409) 880 — 3717. 09/01 /2016 April 16, 2019 Consider a resolution approving contracts for grounds maintenance and litter removal at City Parks and Triangles TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: April 16, 2019 REQUESTED ACTION: Council consider a resolution approving contracts for grounds maintenance and litter removal at City Parks and Triangles. BACKGROUND This contract is divided into four sections and provides for grounds maintenance and litter removal for neighborhood parks and street triangles throughout the City. The contract is for one year with, the option of two extensions of one year each with no increase in pricing allowed. The contract provides for mowing, trimming, trash removal, landscaping and other functions. Maintenance takes place on a weekly basis during growing season and bi-weekly during non - growing season for the parks and bi-weekly and monthly for the triangles. Garden of Gethsemane Nursery and Landscaping holds the current contract for all four sections and is the lowest qualified bidder on all four sections; however, they only want to contract for sections II, III and IV for an annual cost of $288,444. Yardboy Lawncare Service is the next lowest qualified bidder for Section I with a total annual cost of $159,930. FUNDING SOURCE General Fund. Approval of a resolution authorizing a contract with Garden of Gethsemane and Landscaping and with Yardboy Lawncare Service. ' GROUNDS MAINTENANCE WORK AREAS SECTION LOCATION ADDRESS ACREAGE PARKS; Combest Park 3395 Blackmon Lane 2.80 Gilbert Park 2813 Calder 2.07 Guseman Park 8150 Park North Drive 2.70 Halbouty Park 5780 Gober 6.04 Ida Reed Park 2348 Louisiana 2.25 Klein Park 6530 N. Major Drive 11.81 Lefler Park 6755 Comstock Road 45.36 Wuthering Heights Park 3650 Delaware 19.95 TRIANGLES: 800 Ascot Triangle .12 500 Jay @ Hooks Triangle .06 400 Jay @ Kohler Triangle .44 1200 Oakcrest Triangle .033 TOTAL SECTION I: ACREAGE — PARKS AND TRIANGLES 93.63 SECTION II LOCATION ADDRESS ACREAGE PARKS; Caldwood Park 250 E. Caldwood 2.50 Forest Park 380 Potter 2.50 Perlstein Park 8900 Landis 9.32 Rogers Park 1455 Dowlen Road 15.49 TRIANGLES: 5600 Calder R.O.W. Entrance .11 100 Central Caldwood Triangle .17 100 E. Caldwood Triangle .55 100 N. Caldwood Triangle .33 100 W. Caldwood Triangle .23 100 W. Circuit Triangle .02 400 Blk. S. Caldwood Triangle .37 200 Cross Triangle West .41 700 Rankin Triangle .14 TOTAL SECTION II: ACREAGE - PARKS AND TRIANGLES 32.14 SECTION III LOCATION ADDRESS ACREAGE PARKS: Babe Zaharias Park & Museum Grounds (Includes grounds surrounding Fire Station 1 inside and outside fenced area) 1750 IH 10 E 26.97 Charlton Pollard Park 2025 Sabine Pass 3.54 Collier's Ferry Park 5390 Pine Street 1.59 Finished Mow 5.81 Tractor Mow Cottonwood Park 200 Cottonwood 2.58 Fletcher Mini Park 1090 Avenue C. .20 Jacobs Park 2320 Jacobs .50 Magnolia Park * (Includes grounds surrounding Sterling Pruitt Activity Center) * Commercial trash containers on Park grounds. 2855 Magnolia 16.85 Martin Luther King, Jr. Park MLK Pkwy & College St. 3.3 Pine Street Park 3410 Pine St. 8.64 Pipkin Patriot Park 1350 Pennsylvania 4.91 Roberts Park 2755 Avenue C. 2.07 Wiess Park 255 Magnolia 2.76 TRIANGLES: 2800.Arthur Triangle .18 1600 Avenue C. Triangle .14 1500 Burt @ Carroll Triangle .25 1200 Joachim @ Blanchette Triangle .14 4000 East Lynwood Triangle .17 2400 West Lynwood Triangle .17 Pecos Blvd. .64 1900 Royal @ Avenue F Triangle .006 2100 Royal'@ Avenue G Triangle .14 TOTAL SECTION III: ACREAGE — PARKS AND TRIANGLES 81.56 SECTION IV LOCATION ADDRESS ACREAGE PARKS; Alice Keith Park 4050 Reed 14.14 Best Years Center 780 S. 4T" Street 2.0 Central Park 640 Fourth 9.83 Chaison Park 1305 Harriot 2.1 Liberia Park 2305 011ie 4.25 McLean Park 2255 Pecos 2.75 New Public Health Department 3040 College St .71 Sprott Park (Includes turf area between ditch and street. 4325 Usan 10 TRIANGLES: 800 8th St. Triangle .10 Fannett & 11th St. Triangle .25 700 Harriot @ Kenneth Triangle .006 Highland @ Irving Triangle/ Island 2.0 Laurel @ Highland Triangle /Island 1.6 1500 Pipkin Triangle .04 1700 Sarah @ Bob Triangle .014 TOTAL SECTION IV: ACREAGE — PARKS AND TRIANGLES 49.79 CITY OF , TEXAS NT ONT B EAU M©N T PU CHASINGUDIVOIS ON BIDMTABULATION TEXAS Bid Name: Annual Contract For Grounds Maintenance of the City Parks and Triangles, Beaumont, Texas Bid Number: TF0219-12 Bid Opening: Thursday, April 4, 2019 @ 2:00 P.M. Contact Person: Terry Welch, Senior Buyer to rry.welch (fteau monttexas.g ov Phone:409-880-3107 VENDOR CITY, STATE FAX NUMBER CONTACT SECTION Garden of Gethsemane Nursery & Landscaping Beaumont, Tx 77705 Beaum 8ont3 Michael Alfred TOTAL SECTION PRICE Yardboy Lawncare Service Beaumont, Tx 77701 833-7980 Perry Gregory TOTAL SECTION PRICE U.S. Lawns Beaumont, Tx 77701 byronjacquette@uslawns.net Byron Jacquette TOTAL SECTION PRICE Superior Lawn Service, Inc Beaumont, Tx 77713 866-8485 Dickie Bracato TOTAL SECTION PRICE 1 $159,480.00 $159,930.00 $103,188.12 NIB II $41,634.00 $99,900.00 $45,048.36 $52,425.00 III $175,296.00 $324,720.00 $139,144.32 NIB IV Part 1 $65,664.00 $152,070.00 $75,459.72 NIB Section IV part 2 New Public Health $5,850.00 $5,200.00 $23,400.00 NIB DepartmentDaii Trash Pickup 5 days per week TJ Plus 5 bid was non responsive. (Incomplete bid with no signature) FILED FOR RECORD' Carolyn L. Guidry 2/27/2019 11:26 AM COUNTY CLERK JEFFERSON COUNTY 0130641 NO.0130641 INTERFLOW FACTORS § IN THE COUNTY COURT CORPORATION § V. § § AT LAW NO. 1 VALORY BARNETT, INDIVIDUALLY § AND D/B/A PCLC LANDSCAPE § MANAGEMENT AND THE CITY OF § BEAUMONT, TEXAS § JEFFERSON COUNTY, TEXAS DEFAULT JUDGMENT On this date, Defendant City of Beaumont moved for default judgment after Co - Defendant Valory Barnett, Individually and d/b/a PCLC Landscape Management, failed to file an answer in this case. The matter was presented to the Court without the necessity of a hearing. The Court determined it had jurisdiction over the subject matter and the parties in this proceeding. After considering the pleading, the papers on file in this case, the Court grants Defendant City of Beaumont's Motion for Default Judgment for the City of Beaumont. THEREFORE, the Court ORDERS that Plaintiff recover damages from Co,\ Defendant Valory Barnett in the sum of $21,500.00 in principle and interest, post judgment interest on the total sum at the annual rate of five percent (5%) and court costs. The Court finds the following: 1 Co -Defendant was served with citation and a copy of Defendant City of Beaumont's Cross -Claim Against Valory Barnett, Individually and d/b/a PCLC Landscape Management by publication on November 20, 2018; November 27, 2018; December 4, 2018; and December 11, 2018. Page 1 DT 2. Co -Defendant wholly failed to make an appearance before this Court. 3. The Citation by Publication and Publisher's Affidavit have been on file with this Court for at least ten (10) days before the judgment was rendered. 4. The deadline for Co -Defendant to file an answer was January 7, 2019. However, Co -Defendant did not file an answer or any other pleading constituting an answer. 5. Co -Defendant's last known address is 5750 Roadrunner, Beaumont, Texas, 77708. 6. Co -Defendant is not in the military. 7. The damages claimed in Defendant City of Beaumont's Cross -Claim against Co -Defendant are liquidated and proven by a written instrument, which permits a calculation without the necessity of a hearing for evidence. 8. This judgment is final, disposes of all claims and all parties, and is appealable. 9. The Court ORDERS execution to issue for this judgment. SIGNED this the day of 2019— AA JUDGE PRESIDING Page 2 4/5/2019 PCLC Sharae Reed Fri 4/5/2019 10:22 AM To:Terry Welch<Terry.Welch@Beau montTexas.gov>; 9 1 attachments (237 KB) Default Judgment.pdf; Please add this to their file. Sharae N. Reed First Assistant City Attorney 409.880.3715 409.880.3121 (fax) Office of the City Attorney Mail - Terry.Welch@BeaumontTexas.gov https://outlook.office.com/owa/?realm=beaumonttexas.gov&exsvurl=1 &II-cc=1033&modurl=0&path=/mail/inbox/rp 1/1 4/11 /2019 Mail - Terry.Welch@BeaumontTexas.gov Requested Language Sharae Reed Thu 4/11/2019 9:58 AM To:Terry Welch < Terry.Welch@ Beau montTexas.gov>; 9 1 attachments (32 KB) LOCAL GOVERNMENT CODE CHAPTER 252. PURCHASING AND CONTRACTING AUTHORITY OF MUNICIPALITIES.pdf; Terry- I1 -attached the section I referenced for your records. "Pursuant to Section 252.0436 of the Texas Local Government Code, a municipality may establish regulations allowing for refusal to contract or engage in transaction with persons indebted to the municipality. OL6. a Our records indicated that you a*:A'co-owner of PCLC Landscape Management. PCLC Landscape Management owes the City of Beaumont $21,500 with interest accruing at an annual rate of five percent. A copy of the Default Judgment is attached." Sharae N. Reed First Assistant City Attorney 409.880.3715 409.880.3121(fax) Office of the City Attorney https://outlook.office.com/owa/?realm=beaumonttexas.gov&exsvurl=l &II-cc=1033&moduri=0&path=/mail/inbox/rp 1/1 Sec. 252.0436. CONTRACT WITH PERSON INDEBTED TO MUNICIPALITY. (a) A municipality by ordinance may establish regulations permitting the municipality to refuse to enter into a contract or other transaction with a person indebted to the municipality. (b) It is not a violation of this chapter for a municipality, under regulations adopted under Subsection (a), to refuse to award a contract to or enter into a transaction with an apparent low bidder or successful proposer that is indebted to the municipality. (c) In'this section, "person" includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership, joint venture, limited liability company, and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with the municipality requiring approval by the governing body of the municipality. RESOLUTION NO. WHEREAS, bids were solicited for a one (1) year contract with annual renewal options not to exceed two (2) renewals at the same pricing as the awarded contract for grounds maintenance and litter removal for City parks and street triangles; and, WHEREAS, Yardboy Lawncare Service, of Beaumont, Texas, submitted a bid for an estimated amount of $159,930.00 as shown on Exhibit "A" for Section I properties listed in Exhibit "B," attached hereto; and, WHEREAS, Garden 'of Gethsemane Nursery and Landscaping, of Beaumont, Texas, submitted a bid for an estimated amount of $288,444.00 as shown on Exhibit "A" for Sections II, III and IV properties listed in Exhibit "B," attached hereto; and, WHEREAS, City Council is of the opinion that the bids submitted by Yardboy Lawncare Service, of Beaumont Texas, and Garden of Gethsemane Nursery and Landscaping, of Beaumont, Texas, are the lowest responsible bidders providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, That the bids submitted by Yardboy Lawncare Service, of Beaumont, Texas, for Section I properties and by Garden of Gethsemane Nursery and Landscaping, of Beaumont, Texas, for Sections II, III and IV properties for a one (1) year contract with annual renewal options not to exceed two (2) renewals at the same pricing as the awarded contract for grounds maintenance and litter removal for City parks and street triangles in the estimated amounts shown on Exhibit "A" and for the properties listed in Exhibit "B" be accepted by the City of Beaumont. THAT the City Manager be and he is hereby authorized to execute contracts with Yardboy Lawncare Service, of Beaumont, Texas, and Garden of Gethsemane Nursery and Landscaping, of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY .COUNCIL of the City of Beaumont this the 16th day of April, 2019. - Mayor Becky Ames - CITY OF , ONT TEXAS MONT B EAU MO N T U CHASI GUDIVIS ON BI,DITABULATION TEXAS Bid Name: Annual Contract For Grounds Maintenance of the City Parks and Triangles, Beaumont, Texas Bid Number: TF0219-12 Bid Opening: Thursday, April 4, 2019 @ 2:00 P.M. Contact Person: Terry Welch, Senior Buyer terrv.welch(cDbeau monttexas.gov Phone: 409-880-3107 VENDOR CITY, STATE FAX NUMBER CONTACT SECTION Garden of Gethsemane Nursery & Landscaping Beaumont, Tx 77706 813-2553 Michael Alfred TOTAL SECTION PRICE Yardboy Lawncare Service Beaumont, Tx 77701 833-7980 Perry Gregory TOTAL SECTION PRICE U.S. Lawns Beaumont, Tx 77701 byronjacquette@uslawns.net Byron Jacquette TOTAL SECTION PRICE Superior Lawn Service, Inc Beaumont, Tx 77713 866-8485 Dickie Bracato TOTAL SECTION PRICE E$169,480.00 $159,930.00 $103,188.12 N/B II $41,634.00 $99,900.00 $45,048.36 $52,425.00 III $175,296.00 $324,720.00 $139,144.32 N/B IV Part 1 $65,664.00 $152,070.00 $75,459.72 N/B Section IV part 2 New Public Health $5,850.00 $5,200.00 $23,400.00 N/B DepartmentDail Trash Pickup 5 days per week TJ Plus 5 bid was non responsive. (Incomplete bid with no signature) EXHIBIT "A" GROUNDS MAINTENANCE WORK AREAS SECTION I LOCATION ADDRESS ACREAGE PARKS: Combest Park 3395 Blackmon Lane 2.80 Gilbert Park 2813 Calder 2.07 Guseman Park 8150 Park North Drive 2.70 Halbouty Park 5780 Gober 6.04 Ida Reed Park 2348 Louisiana 2.25 Klein Park 6530 N. Major Drive 11.81 Lefler Park 6755 Comstock Road 45.36 Wuthering Heights Park 3650 Delaware 19.95 TRIANGLES; 800 Ascot Triangle .12 500 Jay @ Hooks Triangle .66 400 Jay @ Kohler Triangle .44 1200 Oakcrest Triangle .033 TOTAL SECTION I: ACREAGE — PARKS AND TRIANGLES 93.63 EXHIBIT "B" SECTION II LOCATION ADDRESS ACREAGE PARKS: Caldwood Park 250 E. Caldwood 2.50 Forest Park 380 Potter 2.50 Perlstein Park 8900 Landis 9.32 Rogers Park 1455 Dowlen Road 15.49 TRIANGLES; 5600 Calder R.O.W. Entrance .11 100 Central Caldwood Triangle .17 100 E. Caldwood Triangle .55 100 N. Caldwood Triangle .33 100 W. Caldwood Triangle .23 100 W. Circuit Triangle .02 400 Blk. S. Caldwood Triangle .37 200 Cross Triangle West .41 700 Rankin Triangle .14 TOTAL SECTION II: ACREAGE — PARKS AND TRIANGLES 32.14 SECTION III LOCATION I ADDRESS I ACREAGE PARKS: Babe Zaharias Park & Museum Grounds (Includes grounds surrounding Fire 1750 IH 10 E 26.97 Station 1 inside and outside fenced area) Charlton Pollard Park 2025 Sabine Pass 3.54 Collier's Ferry Park 5390 Pine Street 1.59 Finished Mow 5.81 Tractor. Mow Cottonwood Park 200 Cottonwood 2.58 Fletcher Mini Park 1090 Avenue C. .20 Jacobs Park 2320 Jacobs .50 Magnolia Park * (Includes grounds surrounding Sterling Pruitt Activity Center) * Commercial trash containers on Park grounds. 2855 Magnolia 16.85 Martin Luther King, Jr. Park MLK Pkwy & College St. 3.3 Pine Street Park 3410 Pine St. 8.64 Pipkin Patriot Park 1350 Pennsylvania 4.91 Roberts Park 2755 Avenue C. 2.07 Wiess Park 255 Magnolia 2.76 TRIANGLES; 2800.Arthur Triangle .18 1600 Avenue C. Triangle .14 1500 Burt @ Carroll Triangle .25 1200 Joachim @ Blanchette Triangle .14 4000 East Lynwood Triangle .17 2400 West Lynwood Triangle .17 Pecos Blvd. .64 1900 Royal @ Avenue F Triangle .006 2100 Royal @ Avenue G Triangle .14 TAL SECTION III: EACREAGE — PARKS AND TRIANGLES 81.56 SECTION IV LOCATION ADDRESS ACREAGE PARKS: Alice Keith Park 4050 Reed 14.14 Best Years Center 780 S. 4T" Street 2.0 Central Park 640 Fourth 9.83 Chaison Park 1305 Harriot 2.1 Liberia Park 2305 011ie 4.25 McLean Park 2255 Pecos 2.75 New Public Health Department 3040 College St .71 Sprott Park (Includes turf area between ditch and street. 4325 Usan 10 TRIANGLES; 800 8th St. Triangle .10 Fannett & 11th St. Triangle .25 700 Harriot @ Kenneth Triangle .006 Highland @ Irving Triangle/ Island 2.0 Laurel @ Highland Triangle /Island 1.6 1500 Pipkin Triangle .04 1700 Sarah @ Bob Triangle .014 TOTAL SECTION IV: ACREAGE — PARKS AND TRIANGLES 49.79