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HomeMy WebLinkAbout02/21/2023 PACKET BEAUMONT TEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY,FEBRUARY 21, 2023 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Proclamations, Presentations and Recognitions - Presentation on Results of the Water and Sewer Revenue Bond Sale - Presentation on the Awarding and Installation of a Turf Field at Sprott Park. * Public Comment: Persons may speak on the Consent Agenda and Items 1 —7 * Consent Agenda CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the February 14, 2023 City Council Meeting Minutes B. Confirmation of board and commission member appointments Eddie Senigaur would fill the unexpired term of Sandy Pate on the Planning and Zoning Commission. The term would commence February 21, 2023. (Mayor Robin Mouton) C. Authorize the City Manager to execute an agreement with Thomson Reuters West Government Services for database services D. Authorize the settlement of the lawsuit styled Piedad Hidalgo Johns and Juan Dimas v. City of Beaumont REGULAR AGENDA 1. Consider authorizing the City Manager to apply for the Film Friendly Certified Community program 2. Consider authorizing the City Manager to enter into an agreement with Preferred Facilities Group—USA to replace the hot and chill water pipes located between the Beaumont Public Library and the Police Department 3. Consider amending Title I Chapter 20 Section 20.03.003 of the Code of Ordinances that would change the speed limit on Sarah Street 4. Consider approving the City's Legislative Priorities for 2023-2024 5. Consider approving the recommendations for the Parks Capital Improvement Plan, set forth in Fiscal Year 2023 6. Consider supporting Abiding Grace, a proposed Housing Tax Credit(HTC) project located northeast quadrant of Cardinal Drive and Fannett Road, acknowledging that the proposed project is located in a census tract having more than twenty (20)percent Housing Tax Credit units per total households, acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits and offering expressed support for the project and a commitment of funding in the form of a fee waiver not to exceed$500 7. Consider supporting Trinity Crossing, a proposed Housing Tax Credit(HTC) project located at 1125 North 1 Street, acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits, and offering expressed support for the project and a commitment of funding in the form of a fee waiver not to exceed $500 WORK SESSION * Review and discuss Water and Sewer Revenue Fund Balance and Operations * Review and discuss the placement of a mural on the Main Street-side of the Julie Rogers Theatre as well as the wall of the Lakeside Center that overlooks Beautiful Mountain Skatepark COMMENTS * Public Comment(Persons are limited to 3 minutes) * Councilmembers/City Manager/City Attorney comment on various matters EXECUTIVE SESSION * Consider matters related to the deliberation purchase, lease exchange or value of real property in accordance with Section 551.072 of the Government Code,to wit: Specifically, land owned by the City of Beaumont at 701-555 Main, Beaumont, Jefferson County, Texas. * Consider matters related to the deliberation purchase, lease exchange or value of real property in accordance with Section 551.072 of the Government Code, to wit: Specifically, a portion of the north end of Amarillo Steet,the neighboring alleyway in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street, Beaumont, Jefferson County, Texas 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. A BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: February 21, 2023 REQUESTED ACTION: Council consider approval of the February 14, 2023 City Council Meeting Minutes. BEAUMONT TEXAS MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert"A.J." Turner Jr., At-Large ROBIN MOUTON, MAYOR Randy Feldschau, At-Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III FEBRUARY 14, 2023 Chris Durio, Mayor Pro Tem Tina Broussard, City Clerk Kenneth R. Williams, City Manager Sharae Reed, City Attorney The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on February 14, 2023, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING * Invocation Pledge of Allegiance Roll Call • Proclamations, Presentation and Recognitions - Presentation on Consumer Recycling Education and Outreach Grant Program - Presentation on infrastructure grants to be sued for mitigating lead pipe on private property * Public Comment: Persons may speak on the Consent Agenda and Agenda items 1-5 Mayor Mouton called the council meeting to order at 1:30 p.m. Father Sam Leger with St. Jude Thaddeus Catholic Church gave the invocation. Mayor Mouton led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Mouton, Mayor Pro Tem Durio, Councilmembers Getz, Turner, Samuel and Neild. Absent: Councilmember Feldschau. Also, present were Kenneth R. Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "Recognition" — Honoring Beaumont Residents who have been married 50 plus years "Recognition" — Mrs. [avert Blanchette Mollett, descendant of the Blanchette family (Blanchette Elementary School) — Accepting Danette Mickens, great niece of Mrs. Mollett "Black History Month" —February 2203- Proclamation read by Mayor Mouton; accepted by Vernon Durden and Alvin Eldridge, with the 100 Black Men of Greater Beaumont along with members of the 100 Plus Black Women Coalition of Beaumont Minutes—February 14,2023 Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-5 Dr. Harrison Luke 8105 Gladys Ave. Beaumont TX Spoke to Council regarding Item #5 on the agenda, removing fluoride from the surface water treatment process, spoke as to why fluoride should not be removed from the water Dr. Katie Triska 1525 Cornerstone Ct. Beaumont TX Spoke to Council regarding Item #5 on the agenda, removing fluoride from the surface water treatment process, spoke as to why fluoride should not be removed from the water Addie Allen 9695 Gross Beaumont TX Spoke to Council regarding fluoride, had concerns that authorization had been given to the City Manager, fluoride had been tabled at a previous meeting, there hadn't been any information on fluoride until the dentist came forward, also spoke about the lead pipes, stated that there's brown water here in Beaumont and doesn't know if that's leading to lead pipes or not, but when the budget presentation was done it showed that there were red pipes that were old and then the newer pipes, doesn't know if that's in the budget or the strategic plan, stated that Lamar University will be observing Black History Month at 6:00 p.m., at the Setzer Center, commented on sirens, stated that she's spoke on this for two years, gave several vendors that can install audible sirens, also ask that this item be placed on the agenda soon CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the February 7, 2023, City Council Meeting Minutes B. Amend Resolution 21-292 to cancel the purchase of vehicles for Sewer Maintenance - Resolution 21-292-A C. Authorize the City Manager to execute Change Order No. 3, accept maintenance and authorize final payment to Texas Drainage, Inc. for the FY22 Citywide Ditching Program - Resolution 23-054 D. Authorize the City Attorney to accept the settlement negotiated by the Texas Attorney General in Opioid litigation against pharmaceutical manufacturer Allergan, and pharmacies CVS, Walgreens, and Walmart - Resolution 23-055 Councilmember Neild moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Minutes—February 14,2023 AGENDA 1. Consider amending the Food and Food Establishments Ordinance concerning signage, Sections 28.01.004, 28.03.018, 28.03.020, 28.03.021, 28.04.003, 28.04.005, 28.04.006, and 28.04.008(22). The Texas Food Establishment Rules (TFER) rules have been amended, as of August 2021. In an attempt to stay current with the most up to date food establishment rules and language, the Environmental Health Department is recommending adopting by reference the U.S. Food and Drug Administration (FDA) Food Code and the Supplement to the 2022 Food Code.) The department does not adopt by reference the following sections, paragraphs, and subparagraph of the Food Code3-202.13, 3-202.14(C), 3-202.18(A), 5-102.11, 5-102.13, 5- 102.14, 5-104.11(B)(1), 6-101.11(B), 6-202.18, 8-201.11, 8-202.10, 8-203.10, 8-302.11-14, 8-303.10-30, 8-304.10, 8-304.20, 8-401.10, 8-401.20, 8-402.10, 8-402.20-40, 8-403.40, and 8-501.10-40, and the definitions for "accredited program," "drinking water," "food establishment," "game animal," "general use pesticide," "public water system," "regulatory authority," "safe material," "service animal," and "vending machine location." The proposed amendments offer new language that will allow mobile food units to purge their crawfish at their central preparation facility, overnight parking at a mobile food units place of business is further defined to specify that a mobile food unit must be stored at a rented storage space, where the mobile unit may park overnight, until the next business day. Special Event and Temporary Permit- The current ordinance does not have a hard deadline for special events or temporary permits. Environmental Health proposes that Special Event permits must be submitted and purchased at least 30 days prior to the event. Environmental Health proposed Temporary Food Establishment permits must be submitted and purchased no later than seven (7) days before the starting date for the period of operation listed in the application. For temporary food permit applicants foods that are not prepared on-site or that require extensive preparation or cooking must be prepared at a licensed food establishment located within the city limits of the City of Beaumont. All foods to be prepared and sold during each day of operation must be purchased the same day from a permitted grocery or other retail food store. Food permit holders must display at the entrance of the food establishment a placard approved by the regulatory authority stating the sanitary condition received at the time of the most recent inspection of the establishment. Also, the scoring system for food establishment sanitary reports has been updated, to narrow the scoring range between superior, above average, and average ratings. We are proposing a scoring system of 100-90 being an A letter grade, 89-80 being a B letter grade, and 79 or below being deemed a C letter grade. Food permit standard fees have been updated. Approval of the ordinance. Mayor Pro Tem Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT AMENDING THE FOOD AND FOOD ESTABLISHMENTS CONCERNING SIGNAGE, SECTION 28.01.004, 28.03.018, 28.03.020, 28.03.021, 28.04.005, 28.04.006, AND 28.04.008(22). Councilmember Samuel seconded the motion. Minutes—February 14,2023 AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 23-0013 2. Consider approving a contract for the modifications of the Civic Center balcony guardrail. The Civic Center Facility, originally constructed in 1977, is now 46 years old. At the time the decision to replace the upper balcony seating was made, it was agreed that it was not feasible to repair nor replace the retractable seating located beneath the balcony area. The plan was to remove the retractable seating and capture these areas and utilize them for floor events. When the seating is in the retracted position or totally removed, it deems the balcony wall unsafe under balcony railing height requirements which is 42". The current balcony rail is 26"tall and the distance to the Arena floor is approximately 20'. To prevent the obstruction of the view for the front row of seating, the Architect recommended the use of a glass railing system for the railing modifications. This method is more expensive but the best option for the front row viewing. This project is necessary to allow the safe usage of the upper balcony seating in the Arena. Bids were solicited from five vendors as well as advertised. Two bids were received. The qualified low bidder was Delk Construction of Port Arthur. The proposed scope of work shall include the installation of a glass rail system onto the existing concrete balcony wall and enclosing the current open areas at each aisle location. The cost to install the new glass railing system is $390,000.00 for the base bid and $35,400.00 for the alternate addition of a continuous cap rail at the top of the glass rail system. The total cost of the project, including the alternate, is $425,400.00. Funds will come from the Capital Reserve fund. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY DELK CONSTRUCTION, OF NEDERLAND,TEXAS IN THE AMOUNT OF$425,400.00 FOR THE MODIFICATIONS OF THE CIVIC CENTER BALCONY GUARDRAIL BE ACCEPTED. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, AND SAMUEL NAYS: NONE ABSTAIN: COUNCILMEMBER NEILD MOTION PASSED Resolution 23-056 Minutes—February 14,2023 3. Consider approving the purchase of two trucks for use in the Sewer Maintenance Department. Two Isuzu NRR Jetter flush trucks will be purchased for the Sewer Department, in the amount of$303,333. Flush trucks are used to clean clogged sewer lines throughout the city. These will replace Units 3363 and 3364, which will be kept in reserve. This purchase was approved on Resolution 21-292, however that vendor has been unable to obtain the trucks. Original approved pricing was $246,441.91, reflecting a $56,891.09 total increase. Pricing was obtained from Rush Truck Centers of Texas, of Sealy, Texas, through the H- GAC pricing cooperative contract. H-GAC is a cooperative purchasing association that complies with the State of Texas' procurement statutes. Funds will come from the Water Utilities Fund. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF TWO (2) NRR JETTER FLUSH TRUCKS FOR USE IN THE SEWER MAINTENANCE DEPARTMENT AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE PAYMENT IN THE AMOUNT OF $303,333.00, TO RUSH TRUCK CENTERS OF TEXAS, OF SEALY, TEXAS FOR THE PURCHASE OF TWO (2) NRR JETTER FLUSH TRUCKS. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-0057 4. Consider approving a contract for the purchase and installation of a standby generator at the Water Utilities Service Center. Currently the City's Water Utilities Service Center located at 1350 Langham does not have a permanent back up power supply to help in continuing operations during any kind of major emergency event that causes the facility to lose power. Formal bids were requested for the purchase and installation of a new permanently mounted generator and automatic transfer switch that will be fueled by natural gas. Eight vendors were notified of the bid opportunity and four responses were received. A & A Electric Co. of Beaumont responded with the low base bid of $163,377 with 540 calendar days to complete the work, and $1,452 for Alternate # 1 to provide a five-year limited warranty on the generator and a three-year warranty on the automatic transfer switch. Staff recommends award of the contract. Funding will come from the Water Utilities Fund. Approval of the resolution. Minutes—February 14,2023 Councilmember Neild moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY A & A ELECTRIC CO., OF BEAUMONT, TEXAS IN THE AMOUNT OF $164,829.00 FOR THE PURCHASE AND INSTALLATION OF A STANDBY GENERATOR AT THE WATER UTILITIES SERVICE CENTER BE ACCEPTED. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-058 WORK SESSION (Work Session can be viewed on the City's Web Site) • Review and discuss fluoride in water treatment 5. Consider authorizing the City Manager to place an item on the May ballot to remove fluoride from the surface water treatment process. Currently fluoride is added to the drinking water as part of the treatment process at the Pine Street Surface Water Treatment Plant. This resolution would authorize the City Manager to add an item to the May ballot that would allow citizens to vote on whether to remove fluoride from the treatment process. Councilmember Getz moved to APPROVE THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO PLACE AN ITEM ON THE MAY BALLOT ALLOWING CITIZENS TO VOTE ON WHETHER TO REMOVE FLUORIDE FROM THE TREATMENT PROCESS. With a lack of a second the motion failed. MOTION FAILED WORK SESSION (Both Work Session can be viewed on the City's Web Site) * Review and discuss the City of Beaumont's Legislative Priorities * Review and discuss requests from developers for support of an affordable housing project at the Northeast Quadrant of Cardinal Drive and Fannett Road as well as a proposed project at 1125 N. 11th Street COMMENTS * Public Comments (Persons are limited to three minutes) Dr. William Nantz 7525 Shadow Creek Beaumont TX Thanked Council for receiving any and all information that was sent to them regarding fluoridation, and for having a wonderful presentation in which he thinks everyone learned a lot about fluoride, also appreciates what Council has done for the children and the adolescents of this community, particularly the ones that are most vulnerable, stated that Council has given them hope for a lifetime of better dental health and that's priceless Minutes—February 14,2023 Charlie Crabbe 928 East Dr. Beaumont TX Stated that Council has been very informative with a lot of information, commented on recycling, stated that he would like to see Beaumont be creative with recycling, suggested that dumpsters be put back at places like grocery stores as well as small dumpsters at Rogers Park etc., also commented on the lead water lines, thinks that the medical establishments could be contacted to see if any children are contracting lead poisoning, contact plumbers to see how many homes they have had to replace the lead pipes, spoke regarding Texas Wind Storm as well as the Plumbing Code Kenneth Earls 1265 Condon Beaumont TX Commented on the lead pipes, the city is proposing the line from the water meter back, from that point it's the homeowner's responsibility, stated that he would rather everyone pay ten dollars more on their bill and all individuals in the City of Beaumont would be covered, also commented on the tornado that touched down over in Nome and crossed over into Louisiana, feels that the city needs to start talking to the Federal Government and the State about having sirens, the city has been told that the sirens need to be implemented Addie Allen 9695 Gross Beaumont TX Thanked Council for what they do on a daily basis, commented on the digging of the ditches, stated that the water doesn't flow, in her area they don't have curbs and would like to see the city be aggressive, if you're going to dig then let the water flow, stated that everyone's driveway is on a different level, asked that when Council makes motions to please state that "I so moved and carry the motion through with what they are making the motion on", stated that she's one of those thirty thousand or one that wants fluoride in the water, if others wanted fluoride they should have come to the meeting and state if they want fluoride or not, commented on the sirens, this should be a part of the Evacuation Plan, the alarm is critical, asked that Council protect their citizens, she knows that they care, informed Council that planes were flying over her home at 2:00 a.m., in the morning, would like to know what is going on Rev. Louis Hawthorne 2190 E. Lucas Beaumont TX Spoke to Council regarding the church he pastors, Fountain of Living Waters Missionary Baptist Church in the North End of Beaumont, stated that they purchased the property which was vacant for over a year, the property sits on 7 acres of land, they have a vision to do some great things in the future, they have a vision to utilize one of their buildings that sits on the property to house the homeless, particularly Veterans, they could potentially house up to maybe (7) seven homeless citizens, stated that on Friday he learned about a program that the city offers byway of a reimbursement grant, since Friday he's been trying to get all of the information that he needed to get the application done, he got everything he needed, came to turn in the application at three o'clock, unfortunately the deadline was two o'clock, he understands that the rules state no exceptions, asked if Council would allow him to submit his application COUNCILMEMBER COMMENTS MAYOR PRO TEM DURIO - CONGRATULATED ALL THE COUPLES THAT CELEBRATED FIFTY YEARS PLUS OF MARRIAGE, ALSO CONGRATULATED CITY MANAGER, KENNETH WILLIAMS WHO WAS INDUCTED INTO THE HALL OF Minutes—February 14,2023 HONOR AT LUFKIN DUNBAR HIGH SCHOOL, THANKED ALL OF THE DENTISTS THAT SPOKE TODAY DR. LUKE AND DR. TRISKA, ALSO THANKED THE MOLLETT FAMILY FOR ALL THAT THEY HAVE DONE FOR THE CITY OF BEAUMONT COUNCILMEMBER GETZ - CONGRATULATED CITY MANAGER, KENNETH WILLIAMS ON BEING HONORED, STATED THAT THERE WAS A GREAT CONVERSATION ON FLUORIDE, THE FOLKS IN WARD II THAT WANTED THE CITY TO DISCONTINUE FLUORIDE IN THE WATER HAD THEIR VOICES HEARD TODAY, THEY WEREN'T HERE, THEY SHOULD HAVE BEEN HERE IF THEY WANTED TO SPEAK TO THE ISSUE, EXTENDED HIS APPRECIATION TO COUNCIL FOR ALLOWING THE CONVERSATION,STATED THAT'S WHAT COUNCIL IS ABOUT, THEY WON'T ALWAYS AGREE ON EVERYTHING, IT'S IMPORTANT TO HAVE THE CONVERSATION AND EVERYBODY SHOULD HAVE A VOICE,THEY ARE ALL ELECTED TO REPRESENT CONSTITUENTS EVEN IF IT'S A SMALL NUMBER OF CONSTITUENTS,THEY DESERVE TO BE HEARD AS WELL, GLAD THAT OPPORTUNITY WAS GIVEN TODAY COUNCILMEMBER TURNER - GAVE A SHOUT OUT TO ALEXIS MORRIS WHO IS FROM BEAUMONT, STATED THAT LSU IS A #2 TEAM NATIONALLY RANKED, ALEXIS PERFORMED AT A HIGHER LEVEL AGAINST A #1 RANKED SOUTH CAROLINA, ANNOUNCED THAT MARDI GRAS STARTS THURSDAY, FEBRUARY 16, 2023, ENCOURAGED EVERYONE TO DRIVE SAFE AND TO BE CAREFUL THIS WEEKEND, COMMENTED ON BEING A JUDGE FOR THE GIRLS HAVEN GUMBO COOKOFF AS WELL AS THE COMMUNITY CLEANUP IN THE HIGHLAND AVE. AREA, WITH PASTOR KENNEDY ANDREWS,ALSO THE ADOPT A STREET PROGRAM IS STILL ACTIVE, WOULD LIKE TO SEE A CLEAN CITY CAMPAIGN DONE, THANKED THE COMMUNICATIONS DEPARTMENT FOR THE WORK THEY DID ADVERTISING THE SENIOR CITIZEN DISCOUNT ON SOCIAL MEDIA COUNCILMEMBER FELDSCHAU - ABSENT COUNCILMEMBER SAMUEL - THANKED ALL THE DENTISTS THAT WERE PRESENT AT THE MEETING AND ALL THE INFORMATION THAT WAS PROVIDED,STATED THAT EVEN THOUGH THEY MAY NOT ALWAYS BE ON THE SAME PAGE, IT'S GOOD TO HAVE THE OPPORTUNITY TO REPRESENT THEIR CONSTITUENTS, CONGRATULATED CITY MANAGER, KENNETH WILLIAMS ON HIS HONOR Minutes—February 14,2023 COUNCILMEMBER NEILD - CONGRATULATED THE VERITAS CLASSICAL ACADEMY THEY WON THE MOCK TRIAL COMPETITION AND HEADING TO STATE WEEKEND AFTER NEXT CITY MANAGER WILLIAMS - COMMENTED ON THE WARNING SYSTEM,STATED THAT HE WILL HAVE STAFF COME FORWARD WITH A REPORT ON THE NOTIFICATION PROCESS AND WHAT WE ARE DOING AT THE CITY AND TO GET SOME COST ESTIMATES ON HOW MUCH IT WOULD COST FOR SOME TYPE OF WARNING SYSTEM, STATED THAT HE FORWARDED COUNCIL AN EMAIL FROM RAY GARFIELD AND JEFF BINFORD, A DRAFT HAS BEEN DONE ON THE INITIAL PART OF THE STUDY, HIS GOAL IS TO HAVE THEM PRESENT THEIR FINDINGS AT THE NEXT COUNCIL MEETING,COMMENDED COUNCIL FOR THE HARD WORK THAT THEY DO, WORKING TOGETHER AND THEIR DEDICATION,THE SAME GOES FOR STAFF,WISHED THE ENTIRE CITY A HAPPY VALENTINE'S DAY CITY ATTORNEY REED - WISHED EVERYONE A HAPPY VALENTINE'S DAY, CONGRATULATED MR. WILLIAMS ON HIS HONOR, AND WISHED HER PARENTS A HAPPY ANNIVERSARY PUBLIC WORKS DIR. BARTKOWIAK - NONE ASSISTANT CITY MANAGER BOONE - NONE CFO SIMONEAUX- NONE CITY CLERK BROUSSARD - CONGRATULATED MR. WILLIAMS ON HIS HONOR MAYOR MOUTON - GAVE CONDOLENCES TO FORMER MAYOR DAVID MOORE ON THE LOSS OF HIS MOTHER,AS WELL AS TO THE FAMILY OF KEVIN BELL,CONGRATULATED ALL OF THE COUPLES WHO CELEBRATED OVER FIFTY YEARS OF MARRIAGE, ALSO CONGRATULATED MRS. LAVERT BLANCHETTE MOLLETT AND HER FAMILY FOR ALL THAT THEY HAVE DONE FOR THE CITY OF BEAUMONT, THANKED THE 100 BLACK MEN AND WOMEN WHO DEDICATE SO MUCH OF THEIR TIME IN THE COMMUNITY AND FOR ACCEPTING THE BLACK HISTORY PROCLAMATION, THANKED THE PUBLIC WORKS DEPARTMENT FOR MOVING FORWARD WITH THE LEAD PIPE WORK TO HOPEFULLY SECURE THE GRANT MONEY THAT'S AVAILABLE,THANKED MILES HAYNES FOR ALL THAT HE'S DONE REGARDING THE RECYCLING, THE NEXT TWO RECYCLE DATES FOR LAMAR UNIVERSITY WILL BE MARCH 4, 2023 AND APRIL 1, 2023, COMMENTED ON THE GUMBO COOKOFF FOR GIRLS HAVEN AND THE DISCUSSION ON FLUORIDE, CONGRATULATED ALEXIS MORRIS ON A GREAT GAME Minutes—February 14,2023 AS WELL AS MR. WILLIAMS ON HIS HONOR WISHED EVERYONE A HAPPY VALENTINE'S DAY, GO OUT AND SPREAD THE LOVE With there being no Executive Session, Council adjourned at 5:57 p.m. Robin Mouton, Mayor Tina Broussard, City Clerk Minutes—February 14,2023 B BEAUMONT TEXAS February 21,2023 Confirmation of board and commission member appointments 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 Eddie Senigaur To fill the unexpired term of Sandy Pate: 02/21/2023 09/30/2023 Planning and Zoning Commission 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 21st day of February, 2023. - Mayor Robin Mouton - c BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: February 21, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an agreement with Thomson Reuters West Government Services for database services. BACKGROUND The Police Department contracts with a single public record database service to provide comprehensive information that's useful to investigations. A single database yields broad results including name, address and business associations, in addition to vehicle links, public utilities, credit bureau information and social media. Currently, the Department uses Thomson Reuters West Government Services (formerly West Publishing Corporation). The new agreement would allow up to 275 users at a cost of$1,555.61 a month the first year, $1,633.39 the second year and $1,715.06 the last year of the contract. These searches are frequently used during criminal, as well as internal investigations. FUNDING SOURCE Police Contract Services. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary, specifically including an agreement with Thomson Reuters West Government Services, substantially in the form attached hereto as Exhibit "A," to renew the Police Department's access of the CLEAR database service. 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 21 st day of February, 2023. - Mayor Robin Mouton - THOMSON REUIEi25 Order Form Order ID:Q-05346013 Contact your representative vindhva.ganhewa(a)thomsonrcuters.com with any questions.Thank you. Subscriber Information Sold To Account Address Shipping Address Billing Address Account#: 1003938165 Account#: 1003938165 Account#: 1003938165 BEAUMONT POLICE DEPT BEAUMONT POLICE DEPT BEAUMONT POLICE DEPT PO Box 3827 255 COLLEGE ST BEAUMONT 255 COLLEGE ST 255 COLLEGE ST TX 77701-3525 US BEAUMONT,TX 77701-3525 US BEAUMONT TX 77701-3525 US "Customer" This Order Form is a legal document between Customer and A. West Publishing Corporation to the extent that products or services will be provided by\Vest Publishing Corporation,and/or B. Thomson Reuters Enterprise Centre Gmbl I to the extent that products or services will be provided by Thomson Reuters Enterprise Centre GmbH. 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Page 2 of 4 • For Law Enforcement Agencies and Correctional Facilities Only—No Inmate Westlaw or CLEAR Access(direct or indirect) 1 certify,on behalf of Subscriber,that I understand and accept the security limits of Westlaw or CLEAR;Subscriber's responsibility for controlling Westlaw,CLEAR,Internet and network access;and,how Subscriber will be using Westlaw or CLEAR.I acknowledge Subscriber's responsibility for providing\Vest with prompt written notice if Subscriber's type of use changes. Only non-inmates/administrative staff will access Westlaw or CLEAR with no direct Westlaw research results provided to inmates(including work product created as part of inmates'legal representation).In no event shall anyone other than Subscriber's approved employees be provided access to or control of any terminal with access to Westlaw or Westlaw Data. Functionality of Westlaw or CLEAR cannot and does not limit access to non-\Vest huernet sites. 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Signature of Authorized Representative for order Title Printed Name Date This Order Form will expire and will not be accepted after 3/18/2023 CT. Page 3 of 4 Attachment Order ID:Q-05346013 ;:. :i 1 HOMSON RFO RS Contact your representative vindhya.ganhewa@thoinsonreuters.com with any questions.Thank you. Order ID: Q-05346013 Payment,Shipping and Contact Information Payment Method: Order Confirmation Contact(#28) Payment Method:Bill to Account Contact Name:Jeffcoat,Charles W Account Number: 1003938165 Email:charles.jeffcoat@beaumonttexas.gov beaumonttexas.gov This order is made pursuant to: Texas MSA Contract No. DIR-LGL-CALIR-02: Internal use only(TXMS) Account Contacts Contact Name Email Address Customer Type Description Charges During Renewal Term Year 1 %incr Year 2 y incr Year 3 •�incr Year 4 y,incr Year 5 Material# Product Name Monthly Yr 1-2• Monthly Yr 2 3• Monthly Yr 3 4' Monthly Yr 4-5• Monthly Charges Charges Charges Charges Charges 41308780 CLEAR Proflex $1,555.61 5.00% $1633.39 5.00% $1715.06 N/A N/A N/A N/A Charges During Renewal Term Pricing is displayed only for the years included in the Renewal Term.Years without pricing in above grid are not included in the Renewal Term.Refer to your Order Form for the Post Renewal Term pricing Page 4 of 4 D BEAUMONT TEXAS TO: City Council FROM: Kenneth Williams, City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: February 21, 2023 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the lawsuit styled Piedad Hildago Johns and Juan Dimas. v. City of Beaumont BACKGROUND The lawsuit styled Piedad Hildago Johns and Juan Dimas. v. City of Beaumont; Civil Action No. E-208391,was presented and discussed in Executive Session held on February 7, 2023. The City Attorney is requesting the authority to settle this suit in the amount of$65,000 for the claim of Piedad Hildago Johns, and$55,000 for the claim of Juan Dimas. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the lawsuit of Piedad Hildaqo Johns and Juan Dimas. v. City of Beaumont was discussed in Executive Session properly called and held on Tuesday, February 7, 2023; and, WHEREAS, the City Attorney is requesting authority to settle this lawsuit; 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 is hereby, authorized to settle the lawsuit of Piedad Hildaqo Johns and Juan Dimas. v. City of Beaumont for the sum of Sixty-Five Thousand and 00/100 Dollars ($65,000.00) for the claim of Piedad Hildago Johns, and Fifty-Five Thousand and 00/100 Dollars ($55,000.00) for the claim of Juan Dimas; and, BE 1T 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 21st day of February, 2023. - Mayor Robin Mouton - 1 February 21, 2023 Consider authorizing the City Manager to apply for the Film Friendly Certified Community program BEAUMONT TEXAS TO: City Council FROM: Kenneth Williams City Manager PREPARED BY: Miles Haynes,Assistant to the City Manager/Special Projects MEETING DATE: February 21, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for the Film Friendly Certified Community program. The application is of no cost to the city. BACKGROUND Film Friendly Texas certified communities receive ongoing training and guidance from the Texas Film Commission regarding media industry standards, best practices and how to effectively accommodate media production in their communities. The Film Friendly Texas program serves as an invaluable resource that helps position Beaumont as a premier destination for media production. The Film Friendly Texas program establishes an elevated platform for building relationships with community liaisons across the state who are eager to work with media industry professionals and can hit the ground running when contacted about filming in their area. The application will include (1) Attending a Film Friendly Texas training workshop (2) Passing administratively enforceable filming guidelines (3) Submitted photos of filming locations in Beaumont. FUNDING SOURCE N/A RECOMMENDATION Approval of Resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the Film Friendly Texas Program serves as an invaluable resource that helps position the City of Beaumont as a premier destination for media production; and, WHEREAS, the Film Friendly Texas Program establishes an elevated platform for building relationships with community liaisons across the state who are eager to work with media industry professionals; and, WHEREAS, the application is at no cost to the City of Beaumont, and it will include the following items: 1. Attending a film Friendly Texas training workshop; 2. Passing administratively enforceable filing guidelines; 3. Submitted photos of filming locations in Beaumont; and, NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for the Film Friendly Certified Community Program. 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 21st day of February, 2023. - Mayor Robin Mouton - TES Fi�M t' FILM FRIENDLY in TEXAS NE COMMUNITY TEXAS FILM COMMISSION CERTIFIED Certification Process 1. Attend a "How to Become a Film Friendly Texas Certified Community" workshop, hosted by the Texas Film Commission. 2.. Pass administratively enforceable filming guidelines that promote media production in a way that is both mutually beneficial for residents and industry professionals alike. 3. Submit photos of a minimum of five (5) filming locations in your community for inclusion in the Texas Film Commission location database. EXHIBIT"A" FILM FRIENDLY lilt TEXAS COMMUNITY TEXAS FILM COMMISSION CERTIFIED Beaumont, TX Filming Sites �. Neches River 2. Downtown Beaumont 3. Tyrrell Park 4. Cattail Marsh 5. Tyrrell Historical Library I � E j I i tiL ' FILM FRIENDLY iIITEXA3 COMMUNITY TEXAS FILM COMMISSION CERTIFIED Administrative Filming Guidelines Beaumont, TX 1 Guidelines for Filming in Beaumont, TX I. Purpose II. City Control/City Manager Authority III. Permit Requirements and Fees IV. Application Fee V. Use of City Equipment and Personnel VI. Use of City-Owned Real Estate VII. Vehicles and Equipment VIII. Hours of Filming IX. Notification of Neighbors X. Certificate of Insurance Xl. Damage to Public or Private Property XII. Hold Harmless Agreement Revised 09-27-22 1 Guidelines for Filming in Beaumont, Texas I.PURPOSE The Guidelines contained in this policy are intended to create a program for promoting economic development activity within Beaumont and the vicinity of the City.The following Guidelines are also intended to protect the personal and property rights of Beaumont,Texas residents and businesses,and to promote the public health,safety and welfare.The City Manager reserves the right to impose additional regulations in the interest of public health,safety and welfare,or if otherwise deemed appropriate by the City Manager. These Guidelines cover requests for commercial use of City-owned property(including but not limited to streets,rights-of-way,parks,and/or public buildings),commercial use of private property which may affect adjacent public or private property,and the use of City equipment and personnel in all types of motion picture production,including, but not limited to,feature films,television programs,commercials,music videos and corporate films. II.CITY CONTROL/CITY MANAGER AUTHORITY The City Manager may authorize the use of any street,right-of-way,park,or public building,equipment or personnel for commercial uses in the filming or taping of movies,television programs,commercials,or training films and related activities.In conjunction with these uses,the City Manager may require that any or all of the conditions and/or remuneration herein and as specified on the application be met as a prerequisite to that use. The Applicant agrees that the City of Beaumont shall have exclusive authority to grant the Applicant the use of public streets,rights-of-way,parks and public buildings of the City,as well as authority to regulate the hours of production and the general location of the production.The City reserves the full and absolute right to prohibit all filming or to order cessation of filming In order to promote the public health,safety or welfare. The Applicant shall allow Citydepartments(e.g., Police,Fire, Building)to inspect all structures,property, pp P devices and equipment to be used in connection with the filming and taping, as deemed appropriate by the City Manager. III.PERMIT REQUIREMENTS Before filing an application for filming in Beaumont,the Office of the City Manager must be contacted to discuss the production's specific filming requirements and the feasibility of filming in Beaumont,TX. Any commercial producer who desires to undertake a commercial production in Beaumont Is required to complete and return the attached application for filming to the Office of the City Manager,within the time frames below: •Commercials or episodic television:a minimum of two(2)business days prior to the commencement of filming or any substantial activity related to the project. •Feature films:a minimum of five(5)business days prior to the commencement of filming or any substantial activity related to the project. 2 IV.APPLICATON FEE A suggested application processing fee of$25.00 should accompany each application for filming in Beaumont. The City Manager may waive this fee upon proof of an organization's non-profit status or for any other reason deemed appropriate by the City Manager. V,USE OF CITY EQUIPMENT AND PERSONNEL The Applicant shall pay for all costs of any Police, Fire,Public Works,or other City personnel assigned to the project(whether or not specifically requested by the production).Remuneration rates for the use of any City equipment, Including police cars and fire equipment,will be established on a case-by-case basis as determined by the City Manager.The Applicant shall pay all costs In full within ten(10)days after receipt of an invoice for said costs,The City Manager may,at his/her discretion,require an advance deposit for all costs related City personnel and/or the use of City equipment. The City Manager,in consultation with the Chief of Police and/or Fire Chief,shall have the authority to stipulate additional fire or police requirements and level of staffing for same,at any time during a film project if it is determined to be In the best interest of public health,safety and welfare,which cost shall be borne entirely by the Applicant. Off-duty police officers and firefighters shall be paid by the production company at a rate no less than one and one-half times their hourly rate. VI.USE OF CITY-OWNED REAL ESTATE The City Manager may authorize the use of any street,right-of-way,park or public building, use of Beaumont,Texas name,trademark or logo and/or use of City equipment and/or personnel for commercial uses in motion picture production. In conjunction with these uses,the City Manager may require that any or all of the conditions and/or remuneration as specified herein and on the application be met as a prerequisite to that use.A security or damage deposit may be required within the discretion of the City Manager. The Applicant shall reimburse the City for inconveniences when using public property. Following is the rate schedule: i A Q• Cost r rt - ,l? { Total or disruptive use(regular operating hours)of a public building,park,right-of-way, $500 or public area Partial, non-disruptive use of a public building,park,right-of-way, or public area $250 Total closure or obstruction of public street or right-of-way,Including parking lots and on-$50 Per Block street parking $50 Per Block Partial closure or obstruction of public street or right-of-way,including parking lots and $25 Per Block on-street parking Use of City parking lots, parking areas,and City streets(for the purpose of parking film $50 Per Block ' trailers, buses,catering trucks,and other large vehicles) or Lot 3 The Applicant acknowledges and agrees that the City of Beaumont,Texas,possesses and retains exclusive authority to grant the Applicant a revocable license for the use of its name,trademark,and logo, public streets,rights-of-way,parks and buildings of the City as well as control over the hours of production and the general location of the production.The City reserves the full and absolute right to prohibit all filming or to order cessation of filming activity in order to promote the public health,safety andlor welfare, In order to leave the City-owned property in as good condition as when received,the Applicant is responsible for and must provide professional cleaning and/or sanitation services upon completion of work, If the City requests such cleaning and/or sanitation services at any time. Upon such a request by the City, the Applicant must obtain approval from the City of the Applicant's arrangements for cleaning and/or sanitation services(which will not be unreasonably withheld).The City may require such approval before use of the City-owned property for Production Activity begins. VII.VEHICLES AND EQUIPMENT The Applicant shall provide a report listing the number of vehicles and types of equipment to be used during the filming, including proposed hours of use and proposed parking locations. Such locations will need to be specifically approved by the City Manager. On-street parking or use of public parking lots is subject to City approval. The use of exterior lighting,power generators,or any other noise-or light-producing equipment requires on-site approval of the City Manager. VIII, HOURS OF FILMING Unless express written permission has been obtained from the City Manager in advance,and affected property owners,tenants and residents have been notified,filming will be limited to the following hours: Monday through Friday:7:00 a.m.to 9:00 p.m. Saturday, Sunday and holidays: 8:00 a.m.to 8:00 p.m. IX.NOTIFICATION OF NEIGHBORS The Applicant shall provide a short,written description,approved by the City Manager,of the schedule for the proposed production to the owners,tenants and residents of each property in the affected neighborhood(s).The Applicant,or his or her designee,shall make a good faith effort to notify each owner,tenant and resident of all such property,and shall submit, as part of this application, a report noting owners,tenants and/or residents'comments,along with their signatures,addresses and phone numbers. Based upon this community feedback,and other appropriate factors considered by the City Manager,the City Manager may grant or deny the filming application. X.CERTIFICATE OF INSURANCE The Applicant shall attach a valid certificate of insurance,issued by a company authorized to conduct business In the state of Texas,naming the City of Beaumont and its agents,officers,elected officials, employees and assigns,as additional insured,in an amount not less than$1,000,000 general liability, Including bodily Injury and property damage with a$1,000,000 umbrella;and automobile liability(if applicable) in an amount not less than$1,000,000 including bodily injury and property damage. 4 XI.DAMAGE TO PUBLIC OR PRIVATE PROPERTY The Applicant shall pay in full,within ten(10)days of receipt of an invoice,the costs of repair for any and all damage to public or private property, resulting from or in connection with,the production,and restore the property to its original condition prior to the production,or to better than original condition. XII, HOLD HARMLESS AGREEMENT The Applicant shall sign the following Hold Harmless Agreement holding the City harmless from any claim that may arise from their use of designated public property, right-of-way,or equipment in conjunction with the permitted use: i certify that I represent the firm which will be performing the filming/taping at the locations specified on the attached permit application. i further certify that l and my firm will perform in accordance with the directions and specifications of The City of Beaumont, Texas,and that!and my firm will indemnify and hold harmless the City of Beaumont, Texas and ifs elected officials, officers, servants, employees, successors, agents,departments and assigns from any and all losses, damages, expenses, costs and/or claims of every nature and kind arising out of or in connection with the filming/taping and other related activities engaged in pursuant to this Application. I further certify that the information provided on this Application is true and correct to the best of my knowledge, and that I possess the authority to sign this and other contracts and agreements with the City of Beaumont, Texas on behalf of the firm, Date: Signature Printed Name Title 5 1f THE CITY OF Beaumont, TX Application for Commercial Filming } Title of Project: Type of Production: (feature film, television series, commercial, music video, virtual reality, etc.) Proposed Filming Locations(attach additional pages If necessary): Date(s)of Prep,Filming&Wrap: Primary Contact Name: Cell Phone Number: Email: Location Manager(if different from Primary Contact)Name: {� Cell Phone Number Email: Name of Production Company: Address: City/State/Zip: Web Site: 6 Has this production already been in contact with the Texas Film Commission? If yes, who is your contact at the Texas Film Commission? or Has this production already completed the Texas Film Commission's Texas Production Registration Form? PRODUCTION (Attach additional sheets if necessary.) 1. Production schedule and activities,Including stunts, pyrotechnics, special effects,aerial or drone photography,amplified sound or use of animals:(give dates and times,hours should include prep, holding of sets,wrap and rain dates,If potentially needed) 2.Approximate number of persons involved with the production, including cast and crew: 3.Anticipated need of City or County personnel,equipment or property: 4.Public areas in which public access will be restricted during production: 5.Describe alterations to public property: 6. Number and type of production vehicles to be used and location(s)where vehicles will be parked: 7. Location where crew will be fed, if not at filming location: 8.Location where extras will be held,if not at filming location: 9.Please attach map of anticipated street closure(s)or other public area use. Applicant(production company representative): Date: Signature Printed Name&Title Application approved by Beaumont representative: Date: The"Guidelines for Filming in Beaumont, Texas"apply to all motion picture production in Beaumont. The Office of the City Manager may require the applicant to acknowledge receipt of the Guidelines prior to approving this application. 7 2 February 21, 2023 Consider authorizing the City Manager to enter into an agreement with Preferred Facilities Group—USA to replace the hot and chill water pipes located between the Beaumont Public Library and the Police Department BEkMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Keith Folsom,Facilities Maintenance Director yr-- MEETING DATE: February 21,2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into an agreement with Preferred Facilities Group—USA to replace the hot and chill water pipes located between the Beaumont Public Library and the Police Department. BACKGROUND Pricing was obtained from two contractors, one utilizing TIPS (The Interlocal Purchasing System)procurement process and the low bid contractor utilizing Buy Board Texas Contract. TIPS and Buy Board Texas Contract provide municipalities with the means to purchase construction services at competitive prices contracted under the procurement statues of the State of Texas. The proposed scope of work shall consist of the installation of two hot water supply and return lines and two chill water supply and return lines between the Beaumont Police Department and the Beaumont Public Library. The lowest qualified bid was received from Preferred Facilities Group—USA with a bid total in the amount of$772,356.65. Funds were budgeted in the FY23 Budget in the amount of$650,000..00 therefore leaving a shortfall of $122,356.65. Funds are available in Capital Reserve. The hot and chill water lines originate at the Police Department and supply hot and chill water to the Beaumont Public Library and chill water to the Julie Rogers Theatre as well as supplying the same to the Police Department facility. The hot water supply lines have failed between the Police Department and the Public Library therefore causing the need for this project. Recently the chill water line developed a leak near the Police Department facility. Staff contracted with the Labiche Architectural Group to prepare drawings and specifications for the repair project with the intent to bore the new lines across College Street. The project was placed on the city bid list and only one contractor responded to the mandatory pre-bid meeting. Additional information was requested by the contractor and at that point staff recommended cancelling the bid process and adding additional information and placing the project on the city bid list for the second time. The second bid process resulted in the receipt of two bids that resulted in a very low bid and much higher than expected bid. Since the project was unbudgeted at the time, staff recommended the bids be rejected due to the huge difference in the bid amounts. Facilities Maintenance staff regrouped and determined that the best method to cross College Street was to open cut the trench for the new lines. Staff prepared the open cut method drawings and combined them with the Architect and Engineers documents and solicited bids from the two above-mentioned contractors. Due to the immediate critical need to replace the hot and chill water lines, staff is recommending approval for the City Manager to enter into an Agreement with Preferred Facilities Group— USA. FUNDING SOURCE Capital Reserve RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an agreement with Preferred Facilities Group — USA, of Beaumont, Texas utilizing the Buy Board procurement process for the amount of $772,356.65 to replace the hot and chill water pipes located between the Beaumont Public Library and the Police Department; and, THAT funds were budgeted in the FY23 Budget in the amount $650,000.00 therefore leaving a shortfall of$122,356.65, which is available in the Capital Reserve. 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 21st day of February, 2023. - Mayor Robin Mouton - / 0•SI PREFERRED FACILITIES GROUP - USA Mailing Address: January 30,2023 PO Box 20658 Beaumont, TX 77720- Keith Folsom 0658 City of Beaumont 1848 Pine St. O (409)842-8181 Beaumont,TX 77701 (409)842-2274 tQ pfg@pfg-usa.com e pfg-usa.com Project: "New Chilled Water and Boller Piping for the Public Library and Police Department Buildings,Beaumont,Texas 77701" Job Order Contracting Subject: "Proposal" Co-Op Purchasing Dear Folsom, Agreements We are pleased to submit our proposal utilizing our 581-19 Buy Board Texas Contract based on local CCI and coefficient of.89. Indefinite Delivery, Indefinite Quantity-IDIQ Proposal Recap, Multiple Award • Replace chilled water and boiler per plans and specs provided by the city Construction Contracts- of Beaumont Dated 1-3-23. MACC Proposal Cost $ 761,244.65 Task Order Contracts Bond(If applicable) $ 11,112.00 TOC Total Price $ 772,35E1.65 Construction We estimate approximately ninetg(90)working days to complete upon material Management-Agent or delivery. We explicitly exclude all liquidated damages for this project due to the At-Risk volltivity of the market and supply chain challenges. Our estimate Is based on our Interpretation of the project as presented to us. Our Design Build scope Is limited to the line Items broken down Into individual tasks of work and developed based upon the Unit Price Book rate as modified by the city cost Government adjustment and our Coefficient. All pricing for the required line-Item estimate Is derived from the current calendar year RSMeans Facilities Construction Cost Data Book with Updates. Commercial Once the quantities of work and price are approved,the Individual Job Order Educationbecomes a fixed-price lump sum contract. This pricing is based on recommended work hours of Monday thru Friday 7:00 am Industrial to 5:00 pm. Please contact us at 409-842-8293 at your convenience to discuss this estimate. Infrastructure Respectfully submitted, Preferred Facilities Group-USA Communications Corporate/Recall Michael Waidley Division Manager ' Assembly cc: PFG/file 22-0118 Southeast Texas Deep East Texas Central Texas Texas Gulf Coast ®^ EXHIBIT"A" Construct ion M�n�g�rs of South ast T0x�s, LLC 5520 GORMAN ROAD-BEAUMONT,TEXAS 77705-PHONE(409)736-9010-FAX(409)7369020 Feburary 01,2023 TIPS Reference II:200201 1750 Pine Street Beaumont,TX 77703 Keith: Please find below the cost associated with installing the new chill and hot water lines across college street between the police station and the library. Proposal Inclusions are the Following: • Piping installation based on open cut method shown on the latest drawings provided by the city of Beaumont. • Piping connections inside the buildings to be made per the drawings that were provided by LaBiche Architectural. • Hydro excavation was figured hydro excavating so as to avoid damaging existing underground lines. • Barricades as shown on the drawings provided by the city have been included. • Shoring at the open trench has been included. • Removal and replacement of concrete at sidewalks,streets,and stairs has been Included as shown in the drawings provided by the city of Beaumont. • Removal and reinstallation of pavers has been included as shown in the drawings provided by the city of Beaumont. • Payment and Performance Bonds • Builder's Risk Insurance Proposal Exclusions are the following: • Work shown on the drawings to be performed by Owner. • Taxes • Permit Costs—Permit costs to be waived by the city. • Any items not listed in our inclusions. • Any material testing,if required,to be performed by third party testing agency under a separate contract with the owner. Cost for scope identified above: $1,555,541.00 CMOST Alternate deduct to use steel welded pipe in lieu of the specified plastic pipe. ($176,845.00) Sincerely, Construction Managers of Southeast Texas,LLC Jose Cardenas Project Manager CC:Bruce Reyes—CMOST 3 February 21, 2023 Consider amending Title I Chapter 20 Section 20.03.003 of the Code of Ordinances that would change the speed limit on Sarah Street BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: February 21, 2023 REQUESTED ACTION: Council approve an ordinance amending Title I Chapter 20 Section 20.03.003 of the Code of Ordinances that would change the speed limit on Sarah Street. BACKGROUND It has been observed that the west end of Sarah Street, from Fannett Road to Fatima Street, has a posted speed limit of 35 mph, whereas the remainder of the street is 30 mph. A speed reduction for this approximately 0.5 mile section is recommended to provide consistency and avoid driver confusion. Staff proposes for the speed zone boundaries and speed limit for Sarah Street under the schedule Chapter 20 Section 20.03.003 be amended to read as follows: Speed In Miles Street Limits of Zone Direction of Per Hour Travel Max. Min. Sarah Street From the centerline of Fannett Road to the East and 30 centerline of Bob Street. West FUNDING SOURCE Not Applicable. RECOMMENDATION Approval for amending Title I Chapter 20 Section 20.03.003 of the Code of Ordinances. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 20.03, 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 SARAH STREET; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 20, Article 20.03, Section 20.03.003 (a), (b), (c), and (d) 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 Sarah Street to read as follows: Street Limits of Zone Direction of Travel Speed in Miles per Hour Sarah Street From the centerline of East to West 30 Fannett Road to the centerline of Bob Street Section 3. 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 21st day of February, 2023. - Mayor Robin Mouton - Proposed From the centerline of Fannett Road to the centerline of Bob Street. i 30 mph ;,,,ram 7J'bq ,#. .' t�'-^:� 14 ^a. �Y ,i.,,"Ira lit '1,,,,, ..471'1�. . A .� �` i' �!' �I{ lit�re) •�' � /� r�',' � t per. W� ,yam �}�e'tr• `��'" c C� ! �' 1 1 , _ •h ''-'.-n o� � r� � 4,141 :'CiNS i !PJ:."7_-`:y 1P? M�•:..,ro;,g , t ; ;.' ,]r yw�' ,.0, , -1 z+ 3 , „y�<:. -pry IA. a.:i r:Sarah Street becomes „0 .. I :ti�'i.7�4 fp -,1 .•- Y ).1 t \\\� i "4r- g t :,fi►1:i� .'�.,-1 ,',. •4., ..ht4. m r: j Lavaca Street Ito"` i "�sAft" 4 s��y 7► ��1 P r �`ae 'o '1 i m 1 +l E+a Ti fir 4! . -R •� _ :ctiri I =' r -:- "ri�i. �fi4yrc •y ti .'� 1.y ,.:4 : '1 ,••J1 � � ,'fi,«S�SS +-.�..`.��y �''�Al �% 1--_,.�'�- ��..m.. N a •^'k�a' .„�' : + 4.r. _1Tin�.� �4 11' r b n311F:.,+�$!,'`�►. tq,�,yt {} f 1 _7._ • ? . -al ".iliti• I '..1"-y-"�Al.••- ii'' T. •'. . Hai "t-, '�" ,`. .1dl i '\ i .- ;4 .37 - "•-T... 4•'l 1.`.1 - C.Y.t.- .. �'3+H`=. 7 1 I From the centerline of Fannett Road to a point j 1 200 feet west of Fatima. 30 mph (Prima Facia) I I I 35 mph Existing Sarah Street Proposed Speed Zone From Fannett Road to Bob Street EXHIBIT 1 : Speed Zone Revisions 02-14-2023 EXHIBIT "A" 4 February 21, 2023 Consider approving the City's Legislative Priorities for 2023-2024 BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager Cft3 PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: February 21, 2023 REQUESTED ACTION: Council consider a resolution approving the City's Legislative Priorities for 2023-2024. BACKGROUND With the 88th Texas Legislature now underway, the attached document, The City of Beaumont Legislative Priorities 2023-204, outlines issues that the City believes to be priorities as discussed during the Work Session held February 14, 2023. This document provides a brief summary of important issues and concerns that can be readily shared with legislators,their staff, the City's legislative advisors and all those involved in the legislative process this session. The goal being to further the enhancement and protection of the City's interests, impacted by legislation. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, with the 88th Texas Legislature now underway; and, WHEREAS, the Legislative Program outlines issues that the City believes to be priorities discussed during the Work Session on February 14, 2023; and, WHEREAS, this Legislative Program provides a brief summary of important issues and concerns that can be readily shared with legislators, their staff, the City's legislative advisory and all those involved in the legislative process this session. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve the City's Legislative Priorities for 2023-2024. 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 21st day of February, 2023. - Mayor Robin Mouton - BEAUMONT TEXASD ,t., rfkfl LEGISLATIVE PRIORITIES 2023 -2024 ,. , ..,,, \..: _., . ,.. , . , ,.,,,,,, _. ... , . ., ,i,,,, N,\ ,,i).,-.1!, II k A,„ � kt� n ' v E k ����. = .'" H; cs:zrr.. i- a. g. Y ` — R � :.' 1 ty !O cwi 4 �_,a,. '• '`*err. -�► 11' ` 4N L .;,_Q =., . ,,-- ,' " -... .. - fir;.• s r....,,...... l ` r f t __— ''y A► ! cam- : A ems it - -+ 't`? _ ' � Flu 'i ,, --� A , r• d .sue' _ _. - ., s _:* +..`.. , _.4 l""`_y. TT •,,.,0* , r :ter .. J • �. �f ,.. %..i_ ?h- y1Y yam,;_* . CITY COUNCIL k , .., .( Robin Mouton t ® 4 Mayor l Albert "A.J." Turner Randy Feldschau Council Member, At-large Council Member, At-large .ti _ ! r' '- ' „ � t3 - -- c , _. I - 0� Taylor Neild Mike Getz Audwin Samuel Charles Durio Council Member, Council Member, Council Member, Council Member, Ward 1 Ward 2 Ward 3 Ward 4 LEADERSHIP TEAM R Kenneth R. Williams City Manager Chris Boone June Ellis Assistant City Manager, Assistant City Manager, Community Services Operations LEGISLATIVE PARTNERS HILICO PAR TNER 5 ABOUT US Beaumont, incorporated in 1838, is a coastal city in �' Southeast Texas 90 miles east of Houston and 30 c aq_miles west of the Louisiana border. The city is ..4). " home to more than 115,000 residents and is the ° 1% • • seat of Jefferson County, Texas. Thanks to the RR•*••* ** discovery of oil over a century ago, it's where the '*`•*' *�" . Texas economy was changed forever. '' II b... The energy gateway for the State of Texas and the 1 '. I 1 I. ,II .:g United States, the Golden Triangle is home to the largest petrochemical, refining, and manufacturing NI • complex in the nation and one of the largest ports P �y� , in the country, responsible for $21 billion in annual „.,' gross product and $942 million in annual taxes for I /` ' ' �,►_: the State of Texas, a major contributor to Texas's I �. 1141 prosperity. ,, i • GOALS & OBJECTIVES „. ♦'t I IT The nature of our robust industries and our ' location close to the Gulf does bringa unique set of :1 a challenges. Our legislative priorities are the most -*- important things to help our city continue to thrive for the benefit of all Texans. 4- . r They impact our community but also reflect the ' rj priorities of US citizens around the country. We all `, ,��' ' r f desire to feel safe and protected in our homes and ' i1\7 > '° schools, strengthen our city from storms and build '4 back better, and address the growing mental ''� '�` < health crisis in the nation. From an operational f J standpoint, local government should have the 011�iii V autonomy to set our own revenue and tax tit • 4 generation guidelines, establish ordinances necessary at a local level, and to be able to offer economic incentives that encourage growth. Thank you for your support in recognizing these important initiatives and helping us see them to fruition as we usher in a new Golden Era of the Golden Triangle. PRIORITY # 1 : '� � ; QUALIFIED ° � HOTEL PROGRAM • Eligible municipalities in Texas are entitled by the , Legislature to use state hotel occupancy taxes and 1441 state sales taxes collected from qualified businesses to * t .� help facilitate the construction of qualified hotels and 4111 convention center projects. Our highest priority during 4 � , the 88th Texas Legislature is to add the City of .41 Beaumont to the list of eligible cities that can use the program to incentivize capital projects intended to stimulate tourism and economic development. PRIORITY #2: ECONOMIC DEVELOPMENT Overview: Beaumont's history as a port and petrochemical powerhouse continues.However, as we are located within 30 miles of Louisiana,which is able to offer strong incentives to petrochemical prospects, the City needs as many economic development tools as possible in order to remain competitive. In addition, Beaumont and the Golden Triangle continues to seek to further diversify our economic base. As such, a wide variety of economic development incentives are critical to attract development. OBJECTIVES: • Support legislation that funds the full restoration of the Battleship Texas and relocation to Downtown Beaumont's Neches River. • Support legislation that would preserve and expand local economic development incentives that can be offered by the city. • Oppose legislation that further limits the types of economic development incentives that can be offered by the city. • Support legislation that promotes new and innovative financing tools that would leverage state funds to create jobs in Beaumont. • Support legislation that promotes education and workforce development, including Lamar University, Lamar Institute of Technology as well as our community's primary and secondary schools. COMMENTS: PRIORITY #3: PUBLIC HEALTH Overview:The recent pandemic, mass and school shootings and the growing challenge of homelessness are just a few more significant examples or the challenges associated with Public Health. In this respect, public health would include a more traditional definition of public health, but also mental health as well as substance abuse resources. The impact that results from these mental health issues increasingly fall on the backs of cities and counties to deal with. Unfortunately, while our local non-profits perform significant and important work in our community to try to address these issues, there is simply too little financial and other resources offered by the State and Federal Government to address them. Again, it seems to increasingly fall on local governments to try to address the impact, with limited resources and capacity. OBJECTIVES: • Support legislation funds additional s.4. , , resources to address mental health and substance abuse. li • Support legislation that funds additional resources to address homelessness; " much of which is attributable to not simply a lack of affordable housing but a lack of mental health and substance r- abuse resources. • Oppose legislation that limits a ' A- . community's freedom to protect its .. public health by limiting immunizations and other health measures from outside ` ` of a community. r _ Y 4 411 A A AA �. h COMMENTS: PRIORITY #4: PUBLIC SAFETY Overview: Recent events at the national level have shown the importance of police-community relations as well as sophisticated and persistent training.The City of Beaumont is very proud of its Police Department and their longstanding efforts in these areas.Legislation that helps to promote these efforts are critical. In addition, the last two decades have shown a series of natural disasters in our community.Adequately funded Police, Fire and EMS are critical to ensure safety and recovery during and after these events.Finally, our community faces a variety of public safety challenges that when attempting to address them, cities are "hamstrung" by a variety of State laws. Reform of these laws could go a long way in helping to address these dangers. OBJECTIVES: • Support legislation that allows local control over "8-liner" uses and the negative impact related to this type of gambling. • Support legislation that would allow Beaumont to lower prima facie speed limits from 30 to 25 miles per hour without the need for a traffic study. • Support legislation that promotes and provides funding for community policing and de- escalation training for all officers. • Support legislation and policies that offer additional funding and resources for Fire & EMS services. • Oppose legislation that penalizes a city for implementing policing strategies that are most effective for their city. • Oppose legislation that would limit the city's ability to have strict food safety regulations will result in a greater risk of contamination, a higher rate of food poisoning, and a risk of fatalities. • Support legislation at the State and Federal level to provide greater authority over management of rail crossing delays, which negatively impact public safety as well as the economic activity of the city. '., 11 I Y m IR m, m 1.1 r,. A% 111 r , , „, . fy _1 o - 1 .d'"t +/7 ���'cF , ._. '� sEAUMOArt i `? L , — ' .; ,T FIRE RESCUE r -^9 �*I.-1 0 v \ -411% 1 ••••••. -. COMMENTS: PRIORITY #5: RESILIENCY Overview:The past two decades have shown Beaumont a seemingly endless series of natural disasters. Thanks to our partners at the federal and state level, we implemented many recovery and mitigation projects, making Beaumont more resilient in the future. A continuation and enhancement of these efforts are critical as these severe weather events appear to be more intense and more frequent along the Gulf Coast. OBJECTIVES: • Support legislation that furthers funding and enhancement of regional and municipal flood-control measures. • Support legislation and measures to expedite review and processing of disaster recovery funding. • Support legislation that expedites recovery assistance. This would include efforts to make improvements to the Stafford Act at the federal level. • Support legislation to better spread the cost of Windstorm (TWIA) coverage across the entire State of Texas.The petrochemical production along the Gulf Coast is critical to the state and national economy. The costs to adequately insure the homes and lives of those that make that possible should be better shared statewide. p — _ 'Ili w in «e U pm q Haiti .,..:.- ,,, isn't 1111t:. a�11 • i nor m >r COMMENTS: • = PRIORITY #6: TRANSPORTATION 4 , AND MOBILITY Overview: A network of highways crisscross Beaumont. However, the majority of Beaumont's transportation dollars (fuel taxes)collected within Beaumont serve the through-traffic infrastructure, while relatively little helps our local transportation infrastructure. Even less seems to go toward other modes of transportation, such as sidewalks and bike lanes. OBJECTIVES: • Support legislation that provides additional transportation funding for all modes of transportation, including pedestrian and multi-use paths. }```'. • Support legislation that offers additional resources to the Port of Beaumont. • Support legislation that provides funding options and resources to address transportation needs that the state and federal governments are unable to address. 1 `i r COMMENTS: Immo PRIORITY # 7: REVENUE Overview:With the growth of Texas, its economy, along with the continue effects of inflation, adequate revenue is critical to continuing to provide needed services to our citizens. Revenue caps, mandatory homestead property exemptions and other State-imposed regulations that negatively impact a city's ability to not only grow and develop, but function, are extremely problematic. OBJECTIVES: • Support transparency regarding property values, tax rates and income. • Oppose legislation that imposes additional revenue, tax or appraisal caps which limits the City's ability to raise adequate funds to pay for critical municipal services, including adequate funds to finance needed critical infrastructure. • Support legislation to allow Public, Educational and Governmental (PEG)funding to be used for operational costs as well as capital costs related to offering remote access to public meetings by citizens. • Oppose legislation that impose new property tax or sales tax exemptions that substantially erode the tax base. I'll ®� YOU ARE , ►��%� 4., `;. Vc- THE BEST s � L. f ' THING + ABOUT ME • r v:k1* -4VArfli I RN. ' '‘:?:TV 1 -, W 1111101ft A, • ' 4 . ,t,,,,. ill: ' n a ••1-VFW l _.I'J k c' r ; , fI ' PRIORITY #8: RESTORE AND PRESERVE LOCAL CONTROL Overview: It is widely understood that local government is closest to the citizens. As a result, it should be both accountable to its citizens, but also responsive to the needs of its citizens.The City of Beaumont is a Home Rule city and believes that its citizens, through their elected City Council members, should have the ability to make decisions that impact their community. OBJECTIVES: • Support legislation that protects the rights of elected municipal officials to enact ordinances that address the needs of the city's residents, businesses, and visitors. • Oppose legislation that would impose additional unfunded mandates. • Oppose legislation that would limit a city's ability to advocate for issues and concerns that affect its citizens. PRIORITY #9: TOURISM, PARKS, NATURAL RESOURCES AND THE ARTS Overview: Beaumont and the surrounding area are blessed with amazing natural resources, many of which are unique to our corner of Texas.These resources not only help protect from natural disasters (wetlands and rivers), serve our economy (Port, seafood, etc.), but attract visitors to our community. In addition, Beaumont is blessed with a variety of parks, museums and other attractions that bring many visitors to our city. Finally, Beaumont has a rich history (and present)of artists, some of which are known around the globe. Helping to support and foster these assets are critical to growing our city and enhancing its quality-of-life. OBJECTIVES: • Support legislation that increases funding for parks, including Hotel Occupancy Tax (HOT) (Amendments to Chapter 351 of the Tax Code). • Preserve the use of Hotel Occupancy Taxes (HOT)to fund the arts. • Support legislation that supports conservation efforts such as water quality and other natural resources. COMMENTS: PRIORITY # 10: PLANNING Ft DEVELOPMENT Overview:The City of Beaumont, like many in Texas, have a strong respect for property rights. However, like most cities in Texas, our citizens, for many decades, have demanded that minimal, but necessary regulations be in place in order to provide for orderly growth and development of our community. A growing trend to take those rights away from our citizens is increasingly problematic. Land use controls existed in Beaumont more than 150 years ago, controlled 0 M by our citizens and its City Council. Our desire is = .- j�� _ • ` to maintain these rights of our citizens for the ♦ �'.� �� q ,1 ��>.��• ..- Sr„. "� ; - -° : proper and orderly development of the future � � of Beaumont. .,, life.6. _ 1 OBJECTIVES: '. • Support legislation that preserves or enhances l '- _ local control over a city's rights-of-way. Oppose legislation that further erodes local 4itWr.F. . control over rights-of-way, including a ability to manage, permit and collect a fee to cover the costs of this needed service. • • Oppose legislation that further erodes local control over development matters, such as annexation, 8-liner gambling, building codes, zoning and regulation within the extraterritorial jurisdiction (ETJ). • Support legislation that would raise the threshold for the 3/4 super majority requirements triggered by the opposition of landowners close to proposed zoning changes from 20% of property ownership interest within COMMENTS: the notification area, to 50% PRIORITY # 11 : __ _ .. .: ; _ WAT E R A N D __t` u MO 1 � 4 r ,-te r WASTEWATER ' .v TEXAS 4 _p INFRASTRUCTURE _ ��i rt 6 44, -- Overview: As the state's population continues - to grow, and as our water and wastewater infrastructure ages and becomes ill-equipped .x 1 - _. fir _ with the growth in residential and =� commercial developments, it's critically important to protect our water supply by - � ;�''Nik 4� M investing in water infrastructure, addressing _ > � `'� water loss, strengthening the role of state `w7,. ` 1 ,. agencies in protectingour water resources, - ` 9 h enhancing resilience to flooding, as well as providing support for wastewater infrastructure improvements. OBJECTIVES: • Support legislation that funds water and wastewater infrastructure _ maintenance and development and - - 4- - "n provides long-term solutions to _ fir. • •01 deteriorating water and wastewater infrastructure. y ' • Support legislation to maximize the use of the federal Investment in Infrastructure and Jobs Act funds by , . ° , ' - •-• -L-\\ appropriating the maximum amount ti; %Kr of funds provided to the Texas Water 4 _ Development Board (TWDB)for assistant to cities to replace its aging infrastructure and upgrade water and wastewater treatment plants to meet, or continue to meet, regulatory standards. COMMENTS: 5 February 21,2023 Consider approving the recommendations for the Parks Capital Improvement Plan, set forth in Fiscal Year 2023 BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager LJI7 PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: February 21, 2023 REQUESTED ACTION: Council consider a resolution approving the recommendations for the Parks Capital Improvement Plan, set forth in Fiscal Year 2023. BACKGROUND City Council approved$1.46M in the Capital Plan for Fiscal Year 2023, to be utilized to make upgrades to the Parks System. Through recommendations gathered from the Parks & Recreation Committee meeting, members of City Council and staff, the Administration recommends that the following improvements be made: • Central Park—Replace Imagination Station playground • Charlton-Pollard Park—Replace playground structures • Combest Park—Playground installation • Henry Homberg Golf Course Drainage study • Sprott Park—Build shelter • Central or Magnolia Park—Resurface tennis courts to basketball courts • Turf Tank Striping System • Babe Zaharias Park—Playground installation • Athletic Complex—Replace nine (9) scoreboards • Rogers Park Dog Park • General Maintenance The balance of the funding would be budgeted for contingency. This list substantially reflects the original list recommended by the Administration in November of 2022 as well as eight of the top ten projects recommended by the Parks & Recreation Committee at their January 12, 2023 meeting (see attached). It should be noted that two projects recommended by the Parks &Recreation Committee, the completion of the Tyrrell Park Equestrian Trails and Magnolia Park pool maintenance and equipment, were not part of the Administration's recommendation as the cost of the Magnolia Park pool maintenance and equipment is unknown at this time (a firm estimate is expected within the next 30-45 days) and the cost of completing the Tyrrell horse trails would result in several recommended projects being unfunded(ex. Sprott Park shelter, Magnolia Park basketball courts, Rogers Park dog park, Babe Zaharias playground). FUNDING SOURCE Capital Program and donations. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City Council approved $1.46 Million Dollars in the Capital Plan for the Fiscal Year 2023 to be utilized to make upgrades to the parks System; and, WHEREAS, through recommendations gathered from the Parks and Recreation Committee meeting and members of City Council and staff; the Administration recommends that the following improvements be made; • Central Park — Replace Imagination Station playground; • Charlton-Pollard Park— Replace playground structures; • Combest Park— Playground installation; • Henry Homberg Golf Park— Drainage study; • Sprott Park — Build shelter; • Central or Magnolia Park— Resurface tennis courts to basketball courts; • Turf Tank Stripping System; • Babe Zaharias Park — Playground installation; • Athletic Complex — Replace nine (9) scoreboards; • General Maintenance—The balance of the funding would be budgeted for contingency. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and finding set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT, this list sustainably reflects the original list recommended by the Administration in November of 2022 as well as eight (*) of the top ten (10) projects recommended by the Parks and Recreation Committee at their January 12, 2023 meeting attached hereto as Exhibit "A," and; BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to approve the Parks Capital Improvement Plan for the Fiscal Year 2023. 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 21 st day of February, 2023. - Mayor Robin Mouton - Recommended Recommended Recommended by by Parks &Rec Parks&Rec by Estimated Project Committee Score Administration Committee Administration Cost Nov 22, 2022 (Rank) Jan 12, 2023 Feb 7, 2023 Central Park: Replace Imagination Station 1 59 $ 500,000 Charlton-Pollard Park:Replace Playground 2 47 $ 112,000 Combest Park:Replace Playground 3 36 $ 50,000 Magnolia Park:Pool maintenance and equipment 4 31 Tyrrell Park:Complete equestrian trails 5 30 Henry Homburg Golf Course:Drainage Study 6 25 $ 125,000 Sprott Park:Construct outdoor shelter 7 24 $ 150,000 Magnolia Park:Convert and resurface tennis courts (2)to basketball courts 8 21 $ 100,000 Misc:Turf Tank striping system 9 21 $ 10,000 Babe Zaharias:New playground equipment 10 19 $ 75,000 Athletic Complex: Replace Scoreboards 11 16 $ 75,000 Municipal Tennis Center:Construct outdoor racquetball courts 12 15 $ 1,197,000 Sprott Park: Resurface tennis courts 13 15 Municipal Tennis Center:Construct new picklelball court(2) 14 13 Magnolia Park:Install lower basketball goals 15 12 Ida Reed Park:Convert tennis courts to futsal courts 16 11 Rogers Park: New dog park 17 10 Athletic Complex: Install Synthetic Turf at Complex 4 18 9 General Maintenance&Contingency $ 263,000 EXHIBIT"A" 6 February 21,2023 Consider supporting Abiding Grace, a proposed Housing Tax Credit(HTC)project located northeast quadrant of Cardinal Drive and Fannett Road, acknowledging that the proposed project is located in a census tract having more than twenty (20)percent Housing Tax Credit units per total households, acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits and offering expressed support for the project and a commitment of funding in the form of a fee waiver not to exceed $500 BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: February 21, 2023 REQUESTED ACTION: Council consider a Resolution supporting Abiding Grace, a proposed Housing Tax Credit(HTC)project located northeast quadrant of Cardinal Drive and Fannett Road, acknowledging that the proposed project is located in a census tract having more than twenty (20)percent Housing Tax Credit units per total households, acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits and offering expressed support for the project and a commitment of funding in the form of a fee waiver not to exceed$500. BACKGROUND Beaumont AG, LP, a subsidiary of ITEX of Houston, is proposing to apply to the Texas Department of Housing and Community Affairs (TDHCA) for funding to develop Abiding Grace, a proposed seventy to ninety-two (70-92) unit Senior housing development, located the northeast quadrant of Cardinal Drive and Fannett Road. Currently,Beaumont has more than twice the state average of housing units supported by Tax Credits or private activity bonds per capita. As such, additional subsidized units cannot be considered for this development by TDHCA unless the City acknowledges that Beaumont has more than twice the state average of subsidized housing units per capita and offers support for the project. In addition, for the project to be considered,the City would also need to acknowledge that the project is located in a census tract that has more than twenty (20)percent Housing Tax Credit units per total households. In addition, applications that receive a Commitment of Development Funding in the amount of at least $500 in the form of a fee waiver will receive additional consideration by TDHCA. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: A RESOLUTION OF THE CITY OF BEAUMONT, TEXAS (A) EVIDENCING SUPPORT FOR A PROPOSED DEVELOPMENT TO BE BUILT 1N BEAUMONT; (B) AUTHORIZING A POSSIBLE AWARD OF HOUSING TAX CREDITS FOR THE DEVELOPMENT; AND (C) AUTHORIZING SUCH OTHER ACTIONS NECESSARY OR CONVENIENT TO CARRY OUT THIS RESOLUTION. WHEREAS, Beaumont AG, LP, A subsidiary of ITEX of Houston, is proposing to apply to the Texas Department of Housing and Community Affairs (the "TDHCA") for Housing Tax Credits to provide equity financing for a proposed new construction of a seventy to ninety-two (70-92) units Senior housing development; such development to be called Abiding Grace (the "Development"), to be located in the northeast quadrant of Cardinal Drive and Fannett Road; and, WHEREAS, City Council wishes to evidence its support for this proposed Development in the City of Beaumont and to facilitate the possible award of Housing Tax Credits to the Development; and, WHEREAS, the Development will be located in a Qualified Census Tract that has more than 20% Housing Tax Credit Units per total household in the census tract; and the City of Beaumont has more than twice the state average of units per capita supported by Housing Tax Credits or Private Activity Bonds, and therefore must specifically authorize the Development for the purpose of establishing the Development's eligibility for Housing Tax Credits under 10 TAC §11.3(d) and its eligibility for the 30 % boost in Eligible Basis • under 10 TAC §11.4(c)(1); 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 of Beaumont, acting through its governing body, hereby confirms that it supports the proposed Abiding Grace development to be located in the northern quadrant of Cardinal Drive and Fannett Road, and that this formal action has been taken to put on record the opinion expressed by the City on this date for the purpose of 10 TAC §11.9(d)(1); and, BE IT FURTHER RESOLVED THAT as provided for in 10 TAC §11.3(d) and §11.4(c)(1), it is hereby acknowledged that the proposed Abiding Grace will be new construction and is located in a Qualified Census Tract that has more than 20% Housing Tax Credit Units per total households in the census tract and the City of Beaumont hereby confirms its support of the proposed Abiding Grace development, and confirms that its governing body has voted specifically to approve the construction of the Development and to authorize an allocation of Housing Tax Credits for the Development; and, BE IT ALSO RESOLVED THAT the City of Beaumont hereby supports the proposed Abiding Grace development, and confirms that its governing body has voted specifically to approve the construction of the Development and to authorize an allocation of Housing Tax Credits for the Development pursuant to Texas Government Code §2306.6703(a)(4); and, BE IT ALSO RESOLVED THAT for and on behalf of the Governing Body, City Manager is hereby authorized, empowered, and directed to certify these resolutions to the TDHCA; and BE IT ALSO RESOLVED THAT the City Council hereby approves and authorizes the execution on behalf of the City of all other documents and writings whatsoever that may be necessary or convenient, in the reasonable opinion of the City Attorney, for carrying out these resolutions; and BE IT ALSO RESOLVED THAT these resolutions shall be effective as of their date of passage by City Council. 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 21st day of February, 2023. - Mayor Robin Mouton - 7 February 21,2023 Consider supporting Trinity Crossing, a proposed Housing Tax Credit(HTC)project located at 1125 North 1 Street, acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits, and offering expressed support for the project and a commitment of funding in the form of a fee waiver not to exceed $500 BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager aca PREPARED BY: Chris Boone,Assistant City Manager, Community Services MEETING DATE: February 21, 2023 REQUESTED ACTION: Council consider a Resolution supporting Trinity Crossing, a proposed Housing Tax Credit(HTC)project located at 1125 North 11th Street, acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits, and offering expressed support for the project and a commitment of funding in the form of a fee waiver not to exceed$500. BACKGROUND Trinity Housing Development of Austin, TX, is proposing to apply to the Texas Department of Housing and Community Affairs (TDHCA) for funding to develop Trinity Crossing, a proposed seventy-two (72)unit Senior housing development, located at 1125 North 1 1th Street in Beaumont. Currently, Beaumont has more than twice the state average of housing units supported by Tax Credits or private activity bonds per capita. As such, additional subsidized units cannot be considered for this development by TDHCA unless the City acknowledges that Beaumont has more than twice the state average of subsidized housing units per capita and offers support for the project. In addition, applications that receive a Commitment of Development Funding in the amount of at least $500 in the form of a fee waiver will receive additional consideration by TDHCA. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: A RESOLUTION OF THE CITY OF BEAUMONT, TEXAS (A) EVIDENCING SUPPORT FOR A PROPOSED DEVELOPMENT TO BE BUILT IN BEAUMONT; (B) AUTHORIZING A POSSIBLE AWARD OF HOUSING TAX CREDITS FOR THE DEVELOPMENT; AND (C) AUTHORIZING SUCH OTHER ACTIONS NECESSARY OR CONVENIENT TO CARRY OUT THIS RESOLUTION. WHEREAS, Trinity Housing Development of Austin, Texas, is proposing to apply to the Texas Department of Housing and Community Affairs (the "TDHCA") for Housing Tax Credits to provide equity financing for a proposed new construction of a seventy-two (72) units Senior housing development; such development to be called Trinity Crossing (the "Development"), to be located at 1125 North 11 th Street; and, WHEREAS, City Council wishes to evidence its support for this proposed Development in the City of Beaumont and to facilitate the possible award of Housing Tax Credits to the Development; and, WHEREAS, the Development will be located in a Qualified Census Tract that has more than 20% Housing Tax Credit Units per total household in the census tract; and the City of Beaumont has more than twice the state average of units per capita supported by Housing Tax Credits or Private Activity Bonds, and therefore must specifically authorize the Development for the purpose of establishing the Development's eligibility for Housing Tax Credits under 10 TAC §11.3(d) and its eligibility for the 30 % boost in Eligible Basis under 10 TAC §11.4(c)(1); 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 of Beaumont, acting through its governing body, hereby confirms that it supports the proposed Trinity Crossing development to be located at 1125 North 11th Street, and that this formal action has been taken to put on record the opinion expressed by the City on this date for the purpose of 10 TAC §11.9(d)(1); and, BE IT FURTHER RESOLVED THAT as provided for in 10 TAC §11.3(d) and §11.4(c)(1), it is hereby acknowledged that the proposed Trinity Crossing will be new construction and is located in a Qualified Census Tract that has more than 20% Housing Tax Credit Units per total households in the census tract and the City of Beaumont hereby confirms its support of the proposed Trinity Crossing development, and confirms that its governing body has voted specifically to approve the construction of the Development and to authorize an allocation of Housing Tax Credits for the Development; and, BE IT ALSO RESOLVED THAT the City of Beaumont hereby supports the proposed Trinity Crossing development, and confirms that its governing body has voted specifically to approve the construction of the Development and to authorize an allocation of Housing Tax Credits for the Development pursuant to Texas Government Code §2306.6703(a)(4); and, BE IT ALSO RESOLVED THAT for and on behalf of the Governing Body, City Manager is hereby authorized, empowered, and directed to certify these resolutions to the TDHCA; and BE IT ALSO RESOLVED THAT the City Council hereby approves and authorizes the execution on behalf of the City of all other documents and writings whatsoever that may be necessary or convenient, in the reasonable opinion of the City Attorney, for carrying out these resolutions; and BE IT ALSO RESOLVED THAT these resolutions shall be effective as of their date of passage by City Council. 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 21st day of February, 2023. - Mayor Robin Mouton - WORK SESSION * Review and discuss Water and Sewer Revenue Fund Balance and Operations WORK SESSION * Review and discuss the placement of a mural on the Main Street-side of the Julie Rogers Theatre as well as the wall of the Lakeside Center that overlooks Beautiful Mountain Skatepark