HomeMy WebLinkAboutPACKET SEP 18 2012 ZICZ WIT■ OTtOZTOZITT
BEAUMON*
T • Z • a • A - 8
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS SEPTEMBER 18,2012 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—September 11, 2012
* Confirmation of committee appointments
Claude Guidroz would be appointed to the Parks and Recreation Advisory Committee. The term
would commence September 18, 2012 and expire September 17, 2014. (Councilmember Mike
Getz)
Ann Reynolds would be reappointed to the Animal Health Advisory Committee. The current
term would expire December 13, 2012. (Mayor Becky Ames)
A) Approve Compensation for the City Manager
B) Approve Compensation for the City Attorney
C) Approve Compensation for the City Clerk
D) Approve a resolution reappointing Craig Lively as Chief Magistrate for the Municipal
Court of the City of Beaumont
E) Approve a resolution reappointing James D. McNicholas, Jimmy Hamm and Terrence
Holmes as City Magistrates
F) Approve a resolution terminating a contract with JLMB Properties of Beaumont and
approving a contract with Yardboy Lawncare Services for lawn mowing services
i
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the following appointment be made:
Appointment Commission Beginning Expiration
of Term of Term
Claude Guidroz Parks and Recreation Advisory Committee 09/18/12 09/17/14
THAT the following reappointment be made:
Reappointment Commission Beginning Expiration
of Term of Term
Ann Reynolds Animal Health Advisory Committee 09/18/12 12/13/12
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
September, 2012.
- Mayor Becky Ames -
A
Approve Compensation for the City Manager
The City Manager, Kyle Hayes, will receive a 3%increase to base wages. The City of
Beaumont will make an annual contribution of$17,000 to the International City/County
Management Association's Deferred Compensation Program. The City Manager will receive a
car allowance of$833.33 per month and an administrative allowance of$500 per month. All
other benefits extended to civilian employees will continue to be provided as well.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the base wages of the City Manager, Kyle Hayes, will be $14,376.36 per month. A
car allowance will be $833.33 per month. An administrative allowance will be $500 per
month. The City of Beaumont will make an annual contribution of $17,000 to the
International City/County Management Association's Deferred Compensation Program on
his behalf.
NOTWITHSTANDING the foregoing compensation and benefits, all other
compensation, terms and conditions of employment with the City of Beaumont shall be
pursuant to City policy and the Charter of the City of Beaumont, as with other civilian
employees.
This resolution shall be effective immediately upon passage.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
September, 2012.
- Mayor Becky Ames -
B
Approve Compensation for the City Attorney
The City Attorney, Tyrone Cooper,will receive a 3% increase to base wages. The City of
Beaumont will make an annual contribution of$22,500 to the International City/County
Management Association's Deferred Compensation Program. The City Attorney will receive a
car allowance of$833.33 per month and an administrative allowance of$83.33 per month. All
other benefits extended to civilian employees will continue to be provided as well.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the base wages of the City Attorney, Tyrone E. Cooper, will be $12,130.39 per
month. A car allowance will be $833.33 per month. An administrative allowance will be
$83.33 per month. The City of Beaumont will make an annual contribution of$22,500 to
the International City/County Management Association's Deferred Compensation Program
on his behalf.
NOTWITHSTANDING the foregoing compensation and benefits, all other
compensation, terms and conditions of employment with the City of Beaumont shall be
pursuant to City policy and the Charter of the City of Beaumont, as with other civilian
employees.
This resolution shall be effective immediately upon passage.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
September, 2012.
- Mayor Becky Ames -
c
Approve Compensation for the City Clerk
The City Clerk, Tina Broussard,will receive $5,833.33 per month in base wages. The City of
Beaumont will make an annual contribution of$7,000 to the International City/County
Management Association's Deferred Compensation Program. The City Clerk will receive an
administrative allowance of$100.00 per month. All other benefits extended to civilian
employees will continue to be provided as well.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the base wages of the City Clerk,Tina Broussard,will be$5,833.33 per month. She
is to also receive an administrative allowance of$100 per month. The City of Beaumont
will make an annual contribution of$7,000 to the International City/County Management
Association's Deferred Compensation Program on her behalf.
NOTWITHSTANDING the foregoing compensation and benefits, all other
compensation, terms and conditions of employment with the City of Beaumont shall be
pursuant to City policy and the Charter of the City of Beaumont, as with other civilian
employees.
This resolution shall be effective immediately upon passage.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
September, 2012.
- Mayor Becky Ames -
D
RICH WITS OPPORTUNITY
BEA,UMON*
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: September 18, 2012
REQUESTED ACTION: Consider a resolution reappointing Craig Lively as Chief
Magistrate for the Municipal Court of the City of
Beaumont, Texas.
BACKGROUND
In 2008,the City Council appointed Craig Lively as the Chief Magistrate ofthe City of Beaumont
Municipal Court. The City Charter provides that the Magistrates are to be periodically reappointed
by a majority vote of the City Council. Chief Magistrate Lively has expressed an interest in
continuing in his position as Chief Magistrate for the Municipal Court of the City of Beaumont.The
Chief Magistrate, Craig Lively, will receive a 3% increase to his base wages. All other benefits
extended to civilian employees will continue to be provided as well.
FUNDING SOURCE
There are sufficient funds in the General Fund to support the compensation of Chief Magistrate.
RECOMMENDATION
Administration recommends approval of a resolution reappointing Craig Lively as the Chief
Magistrate of the Municipal Court of the City of Beaumont, Texas.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT Craig Lively be reappointed as Chief Magistrate of City of Beaumont Municipal Court
for a two (2) year term. The base wages of the Chief Magistrate will be $9,747.01 per
month.
NOTWITHSTANDING the foregoing compensation and benefits, all other
compensation, terms and conditions of employment with the City of Beaumont shall be
pursuant to City policy and the Charter of the City of Beaumont, as with other civilian
employees.
This resolution shall be effective immediately upon passage.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
September, 2012.
- Mayor Becky Ames -
E
RICH WITH OPPORTUNITY
IIEAUMON*
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: September 18, 2012
REQUESTED ACTION: Consider a resolution reappointing James D. McNicholas,
Jimmy Hamm and Terrence Holmes as City Magistrates.
BACKGROUND
The City Charter states,"There shall be one or more Magistrates of said Municipal Court known as
City Magistrates, one of whom shall be designated as Chief Magistrate..."
City Magistrates Jimmy Hamm and Terrance Holmes have served as City of Beaumont Municipal
Court Magistrates since 2009. Magistrate McNicholas has served for some time as Chief Magistrate
and was reappointed as a Magistrate in 2009. Pursuant to the Charter, their appointment is to be
periodically considered and compensation fixed by the City Council.
Magistrates Hamm and Holmes would be reappointed as part-time City Magistrates of the City of
Beaumont for a two (2)year term. Their compensation shall be fixed at$250.00 per session. City
Magistrate James D. McNicholas would be reappointed as a part-time City Magistrate of the City
of Beaumont Municipal Court for a two(2)year term.His compensation would be fixed at$300.00
for the first session and$250 for each successive session conducted thereafter in the same week.
FUNDING SOURCE
There are sufficient funds in the General Fund to support the compensation of three (3) part-time
City Magistrates.
RECOMMENDATION
Administration recommends the reappointment of James McNicholas, Jimmy Hamm and
Terrence Holmes as City Magistrates of the Beaumont Municipal Court.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT Jimmy Hamm and Terrence Holmes be reappointed as part-time City Magistrates
of the City of Beaumont for a two (2)year term. Compensation shall be $250 per session;
and,
BE IT FURTHER RESOLVED THAT James D. McNicholas be reappointed as part-
time City Magistrate of the City of Beaumont for a two (2) year term. Compensation shall
be $300 for the first session and $250 for each successive session conducted thereafter
in the same week.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
September, 2012.
- Mayor Becky Ames -
RICA WIT$ OPPORTUNITY F
[IEAIIMON*
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: September 18, 2012
REQUESTED ACTION: Council consider a resolution terminating a contract with
JLMB Properties of Beaumont and approving a contract
with Yardboy Lawncare Services of Beaumont in the
estimated amount of$74,578.83.
BACKGROUND
Privately owned, developed and vacant properties are in violation of the City's weed ordinance
when uncultivated growth exceeds twelve (12) inches. Property owners are notified of the
violation and given a specified time to bring the property into compliance. If property owners fail
to comply with the ordinance,the City's contractor mows the property and the property owner is
fined.
Invitations to Bid were solicited and opened with seven(7) responses, being received. Due to the
amount of work required in this contract the City was split geographically in four(4) sections.
This would allow the City to award each section to four(4) different companies. Of the four(4)
lowest bidders, JLMB Properties (JLMB)had no previous history of providing lawn mowing
services to the City.
Prior to recommending this new vendor to Council, City staff checked the vendor's references
and the equipment that would be used while providing these services. The references were found
to be satisfactory and the equipment available was acceptable to complete the work to
specifications. After verification, City staff contacted vendor and expressed concerns about the
vendor's low price for providing services. The vendor stated to City staff that he could still be
profitable while meeting specifications and wanted the opportunity to provide these services.
On August 21, 2012, Council awarded a contract to four(4) contractors with Resolution 12-181.
JLMB was awarded the contract for Section 3, and started providing services on August 27,
2012. On September 11, 2012, JLMB submitted a letter to the City asking to terminate his
contract for financial reasons.
Page 2
September 18, 2012
Privately owned, developed and vacant properties
CIMA Utility Construction Co. (CIMA) is the next lowest, qualified bidder for this section.
CIMA is currently cutting Section 1 with five hundred twelve (512) cuts and over eighteen
million square feet. The addition of Section 3, with three hundred sixty (360) cuts and over five
million square feet to this vendor would not be in the City's best interest.
Staff recommends that Yardboy Lawncare Services, (Yardboy)be awarded this contract.
Yardboy was awarded Section 4 with one hundred thirty-two (132) cuts and almost ten million
square feet. The addition of Section 3 with three hundred sixty (360) cuts and over five million
square feet should be manageable with this contractor. Section 3 and Section 4 share a common
border, which will shorten the vendor's driving time between the two sections.
FUNDING SOURCE
General Fund,
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, on August 21, 2012, the City Council of the City of Beaumont, Texas,
passed Resolution No. 12-181 awarding an annual contract for mowing privately-owned
developed and vacant properties to JLMB Properties, Inc., of Beaumont, Texas, in an
estimated amount of$39,883 for Section 3, Charlton Pollard; and,
WHEREAS, on September 12, 2012, JLMB Properties requested termination of the
contract; and,
WHEREAS, Yardboy Lawncare Services,of Beaumont,Texas,submitted a qualified
bid in the unit amounts shown on Exhibit 'A," attached hereto, for Section 3, Charlton
Pollard; and,
WHEREAS, City Council is of the opinion that the bid submitted by Yardboy
Lawncare Services, of Beaumont, Texas, in the unit amounts shown on Exhibit
attached hereto, 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 contract termination request submitted by JLMB Properties, Inc., of
Beaumont, Texas, be accepted; and,
BE IT FURTHER RESOLVED THAT the bid submitted by Yardboy Lawncare
Services, of Beaumont, Texas, in the unit amounts shown on Exhibit "A" for Section 3,
Charlton Pollard for mowing privately-owned developed and vacant properties be accepted
by the City of Beaumont; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with Yardboy Lawncare Services, of Beaumont, Texas,
for the purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
September, 2012.
- Mayor Becky Ames -
BEAUMOH�k CITY OF BEAUMONT,BEAUMONT,TEXAS
PURCHASING DIVISION BID TABULATION
Bld Name: Annual Contract For Mowing Privately-Owned Developed and Vacant Property
Bid Number. TF0412-20
Bid Opening: Thursday,August 2,20112at 2:00P.M.
Contact Person: Terry We"Buyer II
twelchM.beaumont.bc us
Phone:409-880-3107
JLMB Properties,Inc. CIMA Utility Construction Co. Yardboy Lawncare Service Bulldog Excavating Inc. S.E.Texas Lawn&Maint.
Vendor.
City/State: Beaumont,Tx 77726 Beaumont,Tx 77707 Beaumont,Tx 77701 Vidor,Tx 77662 Beaumont,Tx 77701
Contact: Mark Bounds Fallen Moys' Timothy Gregory Wayne Armstrong Anthony Young
Fax: 832-268.6371 972-575.8510 409-833-7980 409-681-9248 409-813-2962
CHOSEN SECTION SECTION 3 Chariton Pollard SECTION 3 Charlton Pollard SECTION 3 Chariton Pollard SECTION 3 Charlton Pollard SECTION 3 Charlton Pollard
Previous Bid Unit Cost Previous Bid Unit Cost Previous Bid Unit Cost Previous Bid Unit Cost Previous Bid Unit Cost
Amount Cut Amount Cut Amount Cut Amount Cut Amount Cut
Price for property-less than 6,500 sq.ft. 360 Cuts $291 Cutting 360 Cuts $65/Cutting 360 Cuts $75/Cutting 360 Cuts $70/Cutting 360
Cuts $100/Cutting
Minimum Bid
Price for property-6,500 sq.ft.or greater up 5,237,007 5,237,007 5,237,007 5,237,007 5,237,007
to one acre sq.ft. $0.0055/sq.ft. sq.ft. $0.00691 sq.ft. sq.ft. $0.009/sq.ft. sq.ft. $.01/sq.ft. sq.ft. f.02/Sq.Ft.
Q
2 Parcels total 2 Parcels total 2 Parcels total 2 Parcels total 2 Parcels total
Price for property-one(1)acre or greater of 139,303 sq. $200/acre of 139,303 sq. $125/acre of 139,303 sq. $1401 acre of 139,303 sq. $175!acre of 139,303
$100/acre
ft. ft. ft. ft. sq.ft. m
Esimated Total Annual Cost Per Section
X
Calculated with previous year cut numbersfo $39883.00 $59935.15 $74,578.83 $78,127.28 $141,060.54 W
each section
As shown highlited above,the four lowest qualified Bidders are JLMB Properties,Inc,CIMA Utility Construction,Co.,
Yardboy Lawncare Service,and Bulldog Excavating,Inc.Sections chosen by vendors with lowest bidder choosing first.
RICO WITS OPPORTUNITY
BEAUMON*
T # Z • X * A * 8
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS SEPTEMBER 18,2012 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-3/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a resolution authorizing the City Manager to submit an application to the
Federal Aviation Administration(FAA)to authorize the exemption of airport
revenue generated from mineral extraction activities
2. Consider a resolution authorizing the award of a proposal for a design
build contract for the construction of a skate plaza
3. Consider a resolution approving contracts to provide grounds maintenance at City
parks and triangles
PUBLIC HEARING
* Receive comments related to 3705 Magnolia Street
4. Consider a resolution approving an ordinance to demolish the structure at 3705
Magnolia Street without further notification to the property owner if the property
owner fails to comply within ten(10)days
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting.
1
September 18,2012
Consider a resolution authorizing the City Manager to submit an application to the Federal
Aviation Administration(FAA)to authorize the exemption of airport revenue generated from
mineral extraction activities
RICH WITH OPPORTUNITY
BEAUMONN*
T • E • X • A & S Cit Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager I
PREPARED BY: Patrick Donart, Public Works Director �`
MEETING DATE: September 18, 2012
REQUESTED ACTION: Council consider approving a resolution authorizing the City
Manager to submit an application to the Federal Aviation
Administration(FAA)to authorize the exemption of airport
revenue generated from mineral extraction activities.
BACKGROUND
In 2006 and 2007, the City received Airport Improvement Program(AIP)funds from the FAA for
capital improvements for the city's municipal airport. These federal block grant funds are
distributed through the Texas Department of Transportation, Aviation Division. The grant
assurance obligations stipulate that all revenues generated by the airport will be expended for the
capital or operating costs of the airport. The federal policy defines Airport Revenue as all fees,
charges, rents from air carriers, tenants, lessees and the sale or lease of rights in sponsor owned
mineral, natural, or agricultural products or water to be taken from the airport.
In 2007, the City entered into an agreement with Cimarex Energy Company to perform seismic
testing on a 276 acre tract of airport property. In 2009, Cimarex began drilling and the City
received its first production payment in February 2010. To date, the balance of funds from
mineral extraction revenue total$523M. However,the grant assurances associated with the AIP
finds limited the use of the revenues to airport improvements or operating expenses.
On February 14, 2012, the President signed Public Law 112-95, also known as the FAA
Modernization and Reform Act of 2012. Section 813 of the Act,Use of Mineral Revenue at
Certain Airports, grants the FAA Administrator the authority to exempt a defined amount of
airport revenue generated from mineral extraction activities on general aviation airports from
statutory, grant assurance, and policy obligations if specific conditions are met.
Section 813 requires the airport sponsor to enter into a written agreement with the Administrator
that sets forth a five(5)year capital improvement program for the airport which includes the
following:
Exemption of Airport Revenue
September 18, 2012
Page 2
(a)the projected costs for the operation,maintenance, and capacity needs of the airport in
order to comply with applicable design and safety standards of the Administration; and
(b)appropriately adjusts such costs to account for inflation.
The sponsor must also waive all rights to receive entitlement funds or discretionary funds to be
used at the airport during the five (5)year period;perpetually comply with revenue grant
assurances unless granted a specific exception by the Administrator; and operate the airport as a
public use airport unless the Administrator specifically grants a request to allow the airport to
close. Additionally,the sponsor must comply with all grant assurance obligations in effect for a
period of twenty(20)years.
TxDOT Aviation Division has prepared a five(5)year capital improvement program for the
Beaumont Municipal Airport. The proposed five (5)year operating budget, including an
inflation factor has been compiled. The reserve that will be recommended to the FAA for the
Beaumont Municipal Airport's Capital Improvement Program and Operating Budget is $4.5M.
Section 813 limits the use of exempted revenue to Federal, State, or local transportation
infrastructure projects carried out by the airport sponsor or by a governing body within the
geographical limits of the airport sponsor's jurisdiction.
The City plans to submit the application requesting the waiver of funds for specific transportation
infrastructure projects. The projects and their estimated cost are as follow:
STREET CONSTRUCTION PROJECTS ESTIMATED REQUESTED
TOTAL COST AMOUNT
Washington Blvd. from IH10 to MLK $29,500,000 $29,500,000
Seventh St. from IH10 to Laurel St. $6,500,000 $6,500,000
Old Dowlen from Hwy 105 to Dowlen $9,000,000 $4,000,000
Northwest Parkway from Folsom to Parkdale $6,000,000 $6,000,000
Dowlen Rd. from Hwy 69 to Delaware $16,000,000 $1,800,000
TOTAL $67,000,000 $47,800,000
The Old Dowlen Road project is funded in part by two grants totaling $5M. The Dowlen Road
project is expected to begin in FY2015 with the balance funded by the Capital Program or
Exemption of Airport Revenue
September 18, 2012
Page 3
mineral revenue received in the future.
FUNDING SOURCE
Mineral Extraction Revenue from Airport Property.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is authorized to submit an application to the Federal Aviation
Administration (FAA)to authorize the exemption of airport revenue generated from mineral
extraction activities.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
September, 2012.
- Mayor Becky Ames -
2
September 18,2012
Consider a resolution authorizing the award of a proposal for a design build contract for the
construction of a skate plaza
RICH WITH OPPORTUNITY
T • R • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart,Public Works Director
MEETING DATE: September 18, 2012
REQUESTED ACTION: Council consider approving a resolution authorizing the
award of a proposal for a design build contract to SPA
Skateparks of Austin, TX in the amount of$422,000 for the
construction of a skate plaza.
BACKGROUND
Three(3)proposals were accepted for design build services to construct a plaza with skate related
improvements on property located on the southeast corner of Laurel Avenue and Magnolia Street.
Each proposal was evaluated by a committee consisting of the Parks and Recreation Director, the
Community Development Director and the Capital Projects Manager. The criteria used in the
evaluation included their proposed design, time frame, experience and cost. The proposals were
competitive but the design concept provided by SPA Skateparks was the most innovative in
keeping with the goal of a plaza with skate related amenities.
A design build contract consists of the designer, engineer, landscape architect and construction
contractor working together under a single contract. In this type of agreement, the design builder
produces the design documents and assumes all risks.
The three companies submitting proposals were SPA Skateparks of Austin, Grindline Concrete
Skatepark Design and Construction of Seattle, WA and California Skateparks Site Design Group
of Carlsbad, CA.
Upon award of the contract, staff will begin working with the designer to create a plaza with
skate related features that will provide a much needed recreational area in Downtown Beaumont.
Based on the time frame submitted by SPA Skateparks, the project should be completed by April
2013. SPA Skateparks plans to subcontract electrical work to a certified MBE. The amount
cannot be determined until the design is complete.
FUNDING SOURCE
Two(2)Economic Development Initiative grants through the Department of Housing and Urban
Design Build Services
September 18, 2012
Page 2
Development(HUD)totaling $327,000 were awarded to the City for downtown development.
The grants stipulated that the funds would be used to construct a plaza with skate related
improvements. An additional$100,000 from an anonymous donor has been committed to the
City for the project.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the award of a design build contract to SPA
Skateparks, of Austin, Texas, in the amount of $422,000 for the construction of a skate
plaza located at the southeast corner of Laurel Avenue and Magnolia Street.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
September, 2012.
- Mayor Becky Ames -
3
September 18,2012
Consider a resolution approving contracts to provide grounds maintenance at City parks and
triangles
RICH WITH OPPORTUNITY
111rcAtIMONT
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: September 18, 2012
REQUESTED ACTION: Council consider a resolution approving contracts with
Garden of Gethsemane Nursery& Landscaping of
Beaumont in the estimated amount of$187,926 and PCLC
Landscape Management in the estimated amount of
$24,420 to provide grounds maintenance of City parks and
triangles.
BACKGROUND
The contract is for one (1)year with extension options not to exceed two years at the contract
prices. The contract provides for mowing, trimming, trash removal, maintenance of landscaping
plant materials and other functions. Maintenance takes place on a weekly basis during growing
season and bi-weekly during the non-growing season for the parks and bi-weekly and monthly
for the triangles. The new contract also provides for stricter scheduling of mows to maintain the
parks in the best condition for higher usage on weekends. The contract is divided geographically
into four sections. Lists of park and triangle locations are attached.
Bids were requested from twelve (12)vendors with seven(7)vendors responding. Bidders were
requested to bid each section separately and bids were evaluated for price, experience, and
capability to successfully perform the work. The lowest bid did not meet specifications. The
next lowest bid overall was from PCLC, which is the first bid from this vendor. In the past year,
Staff has had several new vendors bid on grounds maintenance contracts and find that, after they
begin working, their bid is not sufficient or that they are not able to meet all specifications,
resulting in a request to terminate the contracts. This results in a hardship for the City.
Therefore, the most advantageous award based on the criteria is Section II to PCLC and Sections
I, lII and IV to Garden of Gethsemane. This will allow PCLC the opportunity to successfully
complete the contract and meet all specifications as a new bidder. Garden of Gethsemane has
successfully completed this contract before. The bid tab is attached.
City Parks Contract
September 18, 2012
Page 2
FUNDING SOURCE
General Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
WHEREAS, bids were received for an annual contract, with two one-year optional
extensions available, for grounds maintenance of City parks and triangles geographically
divided into Sections I, II, III, and IV, as shown on Exhibit "A," attached hereto; and,
WHEREAS, Garden of Gethsemane Nursery & Landscaping, LLC, of Beaumont,
Texas, submitted a bid in the estimated amount of$41,928.00 for Section I, an estimated
amount of$89,244.00 for Section III and an estimated amount of$56,754.00 for Section
IV, for a total contract amount of$187,926.00, as shown on Exhibit"B," attached hereto;
and,
WHEREAS, PCLC Landscape Management, of Houston, Texas, submitted a bid
in the estimated amount of $24,420.00 for Section II, as shown on Exhibit "B," attached
hereto; and,
WHEREAS, City Council is of-the opinion that the respective bids submitted by
Garden of Gethsemane Nursery & Landscaping, LLC, of Beaumont, Texas, and PCLC
Landscape Management, of Houston, Texas, 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 bid submitted by Garden of Gethsemane Nursery & Landscaping, LLC,
of Beaumont, Texas, in the total contract amount of$187,926.00, for an annual contract,
with two one-year optional extensions available,for grounds maintenance of City parks and
triangles Section I, 111 and IV as shown on Exhibits "A" and "B," attached hereto, be
accepted by the City of Beaumont; and,
BE IT FURTHER RESOLVED THAT the bid submitted by PCLC Landscape
Management, of Houston, Texas in the amount of$24,420.00 for an annual contract, with
two one-year optional extensions available, for grounds maintenance of City parks and
triangles Section II as shown on Exhibits"A" and "B,"attached hereto, be accepted by the
City of Beaumont.
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with Garden of Gethsemane Nursery&Landscaping,LLC,
of Beaumont, Texas, and a contract with PCLC Landscape Management, of Houston,
Texas, for the purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
September, 2012.
- Mayor Becky Ames -
i
CITY OF BEAUMONT NEIGHBORHOOD PARKS AND STREET TRIANGLES
Gnseman Pads 8150 Pads North Dr. 2.70
Lefler Park 6755 Canstock Rd. 45.36
Halbouty Park 5780 Gober 6.04
Wutheiing Heights Park 3650 Delaware 19.95
Combed Park 3395 Blackmon Lane 2.80
Ida heed Pwk 2348 Louisiana 2.25
J.P.Richardson Center 1870 Louisiana 1.50
Gilbert Park 2813 Calder 2.07
800 Ascot Triangle .12
500 Jay td Hooks Triangle .06
400 Jay @ Kohler Triangle .44
1200 Oakcrest Triangle .033
TOTAL SECTION I ACREAGE—PARKS AND TRIANGLES 83.32
Rogers Park I455 Dowlea 15.49
Forest Park 380 Patter 2.50
Peristein Park 8900 Landis 9.32
Caldwood Park 250 E.Caldwood 2.50
100 W.Circuit Triangle .02
700 Rankin Triangle .14
TOTAL SEC1 ION H ACREAGE—PARKS AND TRIANGLES 29.97
EXHIBIT "A"
Neighborhood Parks and Street Triangles
Page 2 of 3
NOW
Pine Street Park 3410 Pine St. 8.64
Magnolia Park
(Includes grounds surrounding 2855 Magnolia 16.85
Sterling Pruitt Activity Center
Cottonwood Park 200 Cottonwood 2.58
Babe Zaharias Park&Museum Grounds 1750 Ili 10 E 26.97
Wiess Park 255 Magnolia 2.76
Pipkin Park 1350 Permsylvania 4.91
Fletcher Mini Park 1090 Avenue C. .20
Charlton Pollard Park 2025 Sabine Pass 3.54
Jacobs Park 2320 Jacobs .50
Martin Luther King,Jr.Park MLK Pkwy& 11`h St. 3.3
Roberts Park 2755 Avenue C. 2.07
2800 Arthur Triangle .18
1600 Avenue C.Tria*c .14
1500 Burt @ Carroll Triangle .25
4000 East Lynwood Triangle .17
2400 West Lynwood Triangle .17
1200 Joachim @ Blanchette Triangle .14
2100 Royal @ Ave.G.Triangle .14
1900 Royal @ Ave. F Triangle .006
Pecos Blvd. .64
TOTAL SECTION M ACREAGE—PARKS AND TRIANGLES 74.16
Neighborhood Parks and Street Triangles
Page 3 of 3
Chaison Park 1305 Harriot 2.1
McLean Park 2255 Pecos 2.75
Central Park 640 Fourth 9.83
Liberia Park 2305 011ie 4.25
Sprott Park
(Includes turf area between 4325 Usan 10
ditch and street.)
Alice Keith Park 4050 Reed 14.14
L.L.Melton YMCA( (rmer) 3455 Sarah 8.0
800 8th St.Triangle .10
Fannett& 11'h St.Triangle .25
700 Harriet @ Kenneth Triangle .006
1500 Pipkin Triangle .04
1700 Sarah @ Bob Triangle .014
TOTAL SECTION IV ACREAGE—PARKS AND TRIANGLES 51.48
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uP1 1111 CI of DMILIMM,sIuMatr,r8x
PUR IM DlVl$�00 rASUUrION
Wd Nome: Or*wWs Maintenance Ior Clty Parks and Triangles
8ild Number: WW1241
am Opsnhv: Thursdatr,August 80,2012 j§2:00 P.M.
Conlaat Person: Sara Parlier,Buyer III
soarkerfIld.beaumont tx.us
Phone: 400490-3757
Oerdan of OeMsenume "rozone Lendscep�
.lenNo I'd Woke Magiran►M1t Nursery t Landsapbg LLC Corpo►atlorl
11aMnnont,TX iiorralon,TX -aallnr M - TX 8laytown,TX
Section 1. $2S,370.4 $35,160.o4 $41.923.o4 $120,294.
Section U, $17,528.4 $24,420, $29,076. $57,474.
Section 111. $43,340.60 $S7,S37. $89,244. $140,910.
Section N. $28,893.00 552,650. $S6,754. $98,742.
TOTAL $115 132.60 $169 767.00 $217,002.001 $$417 420.00
M;ME Universal Lwn Core landras lintarprises,Inc
CO
S1aauRwnt,TX WO lMrd,TX Port Arthur,TX F,
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Section I, $101.520.00 $221,754.46 $214,779. LL!
Section 11. $94.200.00 $125,874.00 $81,720.
Section 111. $225,450.00 $311,833.60 $230,196.
Section N. $202,365.24 $217,086.24 $120,453.75
TOTAL $623,535.00 1 $876,596.08 1 647 148.75
f
PUBLIC HEARING
* Receive comments related to 3705
Magnolia Street
4
September 18,2012
Consider a resolution approving an ordinance to demolish the structure at 3705 Magnolia Street
without further notification to the property owner if the property owner fails to comply within
ten(10) days
RICH WITH OPPORTUNITY
Iluo *
BEAUI,q N
T • E • z • A • s City Council Agenda Item.
TO: City Council
FROM: Kyle Hayes,City Manager
G)15
PREPARED BY: Chris Boone,Community Development Director
MEETING DATE: September 18,2012
REQUESTED ACTION: City Council,after conducting a public hearing,consider an
ordinance to declare the structure at 3705 Magnolia Street
to be dangerous and order the owners to raze said structure
within ten(10)days. If the property owner fails to comply
within ten(10)days, staff is requesting City Council
authorization to demolish this stricture without further
notification to the property owner or City Council action.
BACKGROUND
The structure at 3705 Magnolia has been inspected by the Community Development Department
and was found to be a dangerous structures as defined by the City of Beaumont's City Ordinance
Chapter 24,Article 24.04,titled Unsafe Substandard Structures. This structure has deteriorated
to a condition that it is no longer considered suitable for repair. Please note that this single
structure is being brought outside of a regular demolition packet due the fact that it is continually
being salvaged and is now missing a substantial portion of an exterior supporting wall and is
open and accessible to the public.
FUNDING SOURCE
As a commercial structure,the cost of demolition will come from the General Fund,with the cost
billed to the owner of the property for repayment.
RECOMMENDATION
Administration recommends approval.
1
SUBSTANDARD BUILDING INSPECTION REPORT
BUILDING CODES DIVISION
CITY OF BEAUMONT
INITIAL INSPECTION DATE Febrnary 1¢,2011 WARD 4
ADDRESS OF INSPECTION 37M Hq&bwd Ave(Cu0meEWAD
OWNER Morris O Herder Sr
ADDRESS 2224 McFaddin St CITY/STATE Beaumont.TX 77701-1531
APPRAISAL VALUE
Land value 3320
Improvement Value 510
Total Value 4.430
A. Fire damaged? YES NO X
B. Enrolled in Work Repair Program? YES NO_Imo_
C. Does the structure comply with I.P.M.C.? YES NO X
D. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF$549.34.
MAJOR CODE VIOLATIONS: Reins 'on was made on temW 13. 2012. The sh Mure is
co11 ft and is an imminent da r to the iMblic.The C,jIy has received m jbk complaints n atrding the
ett Ift and thenft of dOren wall 9 to and fr4w sAO& TheAb3Mnbs5bsw0UJhft des t ei.
Based on the eitensive repairs 4eeded in AN str®ctum staff is OMMOAM an Mrae>scv d=
SEE ATTACHED PHOTOS
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ORDINANCE NO.
ENTITLED AN ORDINANCE FINDING THE STRUCTURE
LOCATED AT 3705 MAGNOLIA STREET TO BE A PUBLIC
NUISANCE AND ORDERING ITS DEMOLITION AND
REMOVAL; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL; AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
After a public hearing,the structure located at 3705 Magnolia Street is hereby found
to be a public nuisance in that said building violates Chapter 14, Section 14-50 of the Code
of Ordinances of the City of Beaumont and is for want of repairs, or by reason of age or
dilapidated, decayed, unsafe or unsanitary condition, or otherwise unfit for human
habitation, or otherwise likely to endanger the health, safety or general welfare of the
citizens of the City.
Section 2.
In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont,
Section 14-52 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that
the owner or owners of the structure located at 3705 Magnolia Street demolish and remove
said structure within ten (10) days of the effective date of this ordinance. If the property
owner(s) fail(s) to comply within ten (10) days, Council orders that the property be
demolished without further notification to the property owners or City 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 all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
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 18th day of
September, 2012.
- Mayor Becky Ames -