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HomeMy WebLinkAbout10/24/2023 PACKETREGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, OCTOBER 24, 2023 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Persons may speak on the Consent Agenda and Regular Agenda Item 1 (or any topic). 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. Council to consider approving the October 17, 2023, City Council Meeting Minutes. B. Council consider a resolution approving an annual maintenance agreement from CrowdStrike Falcon Complete from CDW Government LLC of Vernon Hills, IL. C. Council consider approving the renewal of an annual maintenance agreement with Tyler Technologies of Plano, TX. D. Council consider a resolution authorizing the City Manager to execute an Agreement with BNSF Railway Company. E. Council consider a resolution accepting the 2023 Certified Tax Roll (FY 2024). F. Council consider a resolution authorizing the City Manager to execute a Temporary Construction Easement with Willis Harris Estate. REGULAR AGENDA 1. Council consider authorizing the City Manager to enter into an interlocal agreement with the Texas Municipal League Intergovernmental Risk Pool for Liability Insurance Coverages DISCUSSION ITEM Discussion of the Naming Policy Ordinance. COUNCIL COMMENTS EXECUTIVE SESSION Consider matters related to the contemplated or pending litigation in accordance with Section 551.071 of the Government Code: • The Claim of Stella DeBlanc • The Claim of Tiffany Simpson ADJOURNMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at (409) 880-3777. A TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Tina Broussard, City Clerk MEETING DATE: October 24, 2023 REQUESTED ACTION: Council to consider approving the October 17, 2023, City Council Meeting Minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the Minutes ATTACHMENTS Minutes - October 17, 2023 Minutes - October 17, 2023 MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert “A.J.” Turner, Mayor Pro Tem ROY WEST, MAYOR Randy Feldschau, At-Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III OCTOBER 17, 2023 Chris Durio, Ward IV 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 October 17, 2023, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 5:30 p.m. to consider the following: OPENING  Invocation Pledge of Allegiance Roll Call  Proclamations, Presentation and Recognition  Public Comment: Persons may speak on the Consent Agenda and Regular Agenda items 1-3 (or any other topic). Items 4-6 have already been heard in a Public Hearing Mayor West called the council meeting to order at 5:30 p.m. Reverend Daniel Tatum the Critical Care Chaplain with Christus St. Elizabeth Hospital gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tem Turner, Councilmembers Durio, Getz, Feldschau, Samuel and Neild. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition “Annual National White Cane Safety Awareness Day” – October 17, 2023 – Proclamation read by Tina Broussard, City Clerk; accepted by Kenneth Simien Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-3 (or any other topic). Items 4-6 have already been heard in a Public Hearing. (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov Tony Lucenti 825 Nantucket Beaumont TX Joan Clark 795 N. 7th Beaumont TX Charline Sam 2370 Monroe Beaumont TX Charlie Crabbe 928 East Dr. Beaumont TX Minutes - October 17, 2023 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. Council to consider approving the October 10, 2023, City Council Meeting Minutes. B. Council to consider a resolution approving an annual maintenance agreement from SoftwareOne, Inc., of Milwaukee, WI for Microsoft Office 365 that used by all city departments – Resolution 23-293 E. Council to consider appointments to the Community Development Advisory Committee – Resolution 23-295 F. Council to consider appointments to the Historic Landmark Commission – Resolution 23- 296 G. Council to consider appointments to the Library Commission – Resolution 23-297 H. Council to consider appointments to the Parks and Recreation Advisory Committee – Resolution 23-298 I. Council to consider appointments to the Police Department Community Advisory Committee – Resolution 23-299 J. Council to consider appointments to the Planning and Zoning Commission – Resolution 23-300 K. Council to consider appointments to the Convention and Tourism Advisory Board – Resolution 23-301 Councilmember Feldschau moved to approve the Consent Agenda. Councilmember Neild second the motion. (Councilmember Neild stated that he would second the motion if items C and D were voted upon separately). Councilmember Feldschau amended his motion to approve the Consent Agenda excluding Items C and D. Councilmember Samuel second the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED C. Council to consider a resolution approving a contract for collection services for Municipal Court. Councilmember Neild made a motion to approve Consent Agenda Items C. Councilmember Feldschau second the motion. Minutes - October 17, 2023 After discussion Councilmember Getz moved to table Item C for thirty (30) days. Councilmember Feldschau second the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE ITEM TABLED D. Council to consider a resolution authorizing the City Manager to execute an Earnest Money Contract and other related documents to purchase two tracts of property from Mount Gilead Missionary Baptist Church – Resolution 23-294 Councilmember Feldschau motion to approve Consent Agenda Item D. Councilmember Durio second the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED REGULAR AGENDA 1. Council to consider a resolution approving the purchase of Axon TASER energy weapons and accessories from Axon Enterprise, Inc., of Scottsdale, Arizona for use by the Police Department. The Beaumont Police Department currently issues Axon TASER® energy weapons as a less lethal force option for officers. Most current units are nearing the end of their five- year service life, and the most popular model has been discontinued. This purchase plan will replace all 211 units with the newest TASER 10 model. Also included is software, batteries, cartridges, accessories, and updates for five years. In addition, the data and usage metrics for these new units are electronically integrated into the software that BPD currently uses with the AXON video and electronic evidence storage suite. The total cost of the purchase plan is $931,977.80, with payments divided over five years with an annual cost of $186,395.56. Pricing was obtained using BuyBoard and includes a trade-in discount for the return of old models. The quote reflects a refund of $6,665.00 due to the city for an unrelated and undelivered service. The refund was calculated into the total displayed on the quote, which is $925,312.80. Funds will come from the Police Contract Services budget. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE PURCHASE OF AXON TASER ENERGY WEAPONS AND ACCESSORIES FROM AXON ENTERPRISE, INC., OF SCOTTSDALE, ARIZONA FOR USE BY THE POLICE DEPARTMENT IN THE AMOUNT OF $925,312.80 WITH PAYMENTS DIVIDED OVER FIVE (5) YEARS Minutes - October 17, 2023 WITH AN ANNUAL COST OF $186,395.56 PER YEAR. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-302 2. Council to consider a resolution authorizing a contract with SETEX Construction Corp., of Beaumont, for the Citywide Emergency Water Main Repairs III. On August 15, 2023, the City of Beaumont issued a Mandatory Water Restriction as determined by Stage 3 of the Drought Contingency Plan due to the excessive heat and lack of rain. The excessive heat and lack of rain has caused multiple water mains to burst, causing blowouts throughout the city. The blowouts must be repaired immediately to conserve the already limited water consumption deemed mandatory throughout the City, along with maintaining adequate water pressure per state regulations for public health and safety. On September 27, 2023, one (1) bid was received for furnishing all labor and equipment to perform water line repairs for lines up to twelve (12) inches in diameter. The opportunity to bid was sent to 202 vendors. Based on a review of the bid, Engineering staff recommend and have executed an emergency contract with SETEX Construction Corp. The contract is not to exceed $100,000 with the option of one (1) renewal. Funds will come from the Water Utilities Fund. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH SETEX CONSTRUCTION CORP., OF BEAUMONT, TEXAS, FOR THE CITYWIDE EMERGENCY WATER MAIN REPAIR III IN AN AMOUNT NOT TO EXCEED $100,000.00 WITH THE OPTION OF ONE (1) RENEWAL. Mayor Pro Tem Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-303 Minutes - October 17, 2023 3. Council to consider a resolution for the immediate repair of an excavator utilized by Solid Waste. Unit number 5178, a 2012 Komatsu excavator that is utilized by the City's Solid Waste Division, is an essential piece of equipment to its operation and is in need of the replacement of its hydraulic control valve and stick cylinder and clean hydraulic system. Waukesha-Pearce Industries LLC, of Port Arthur, is the sole source provider for the repairs with an estimated cost of $72,671.26. Funds will come from the Fleet Management Fund. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE IMMEDIATE REPAIR OF A 2012 KOMATSU EXCAVATOR USED BY THE SOLID WASTE DIVISION FROM WAUKESHA-PEARCE INDUSTRIES LLC., OF PORT ARTHUR, TEXAS, IN THE AMOUNT OF $72,671.26. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-304 4. Council to consider a request for an Amended Specific Use Permit to allow a residential care facility in a RM-H (Residential Multiple Family-Highest Density) District for property located at 1094-1098 Cottonwood Street. Daniel Jeans of the H.O.W. Center is requesting approval of an Amended Specific Use Permit (SUP) to allow a residential care facility located at 1094-1098 Cottonwood Street. This proposal was originally presented at the March 20, 2023, Planning Commission to develop a two-story dormitory, office space and parking lot for the H.O.W. Center. However, Mr. Jeans would like to develop a one-story dormitory, office space and parking lot, such change has expanded the building to be closer to northern residences, thus necessitating an Amended SUP. The H.O.W. Center is a facility offering room and board for men with substance abuse issues. Section 28.04.006 of the City’s landscaping ordinances states, “an increase in the size of an existing parking lot by twenty-five (25) percent in the number of parking spaces or more shall require the entire parking lot, in addition to the twenty-five (25) percent expansion, to be brought into compliance with this section.” The submitted site plan appears to comply with this regulation. At a Joint Public Hearing held on September 18, 2023, the Planning Commission recommended 6:1 to approve the request for an Amended Specific Use Permit to allow a residential care facility in the RM-H (Residential Multiple Family-Highest Density) District for property located at 1094-1098 Cottonwood Street, with the following conditions: Minutes - October 17, 2023 1. Construction plans shall comply with all applicable Building and Fire Code requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back- flow, pre-treatment and/or FOG program. 3. The sanitary sewer line shall be tied to the City line located in the alleyway or to Cottonwood Street. 4. The existing water meter located in the proposed driveway along Cable Avenue must be moved or abandoned. Approval of the ordinance, with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back- flow, pre-treatment and/or FOG program. 3. The sanitary sewer line shall be tied to the City line located in the alleyway or to Cottonwood Street. 4. The existing water meter located in the proposed driveway along Cable Avenue must be moved or abandoned. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY IN A RM-H (RESIDENTIAL MULTIPLE FAMILY-HIGHEST DENSITY) DISTRICT AT 1094-1098 COTTONWOOD STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-079 5. Council to consider a request for a Specific Use Permit to allow a multi-family development in the CDB (Central Business District) for property located at 704 Neches Street. Richard Gilbert of GP Realty and Management, Inc, is requesting a Specific Use Permit to allow construction of a multiple-family development located at 704 Neches Street. The three (3) story building will contain twelve (12) units to be leased at market-rate. It should Minutes - October 17, 2023 be noted; off-street parking requirements are exempt from developments within the CBD (Central Business District). Residential uses in the downtown planning area may bolster economic activity by increasing pedestrian traffic. At a Joint Public Hearing held on September 18, 2023, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a multi-family development in the CBD (Central Business District) District for property located at 704 Neches Street, with the following conditions: 1. Construction plans shall comply with all applicable Building, Engineering and Fire Code requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back- flow, pre-treatment and/or FOG program. Approval of the ordinance, with the following conditions: 1. Construction plans shall comply with all applicable Building, Engineering and Fire Code requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back- flow, pre-treatment and/or FOG program. Mayor Pro Tem Turner moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MULTI-FAMILY DEVELOPMENT IN A CBD (CENTRAL BUSINESS DISTRICT) FOR PROPERTY LOCATED AT 704 NECHES STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-080 6. Council to consider a request for a closure of access to Interstate 10 East Feeder Road from 8th and 9th Streets. The Texas Department of Transportation (TXDOT) is requesting closure of access to Interstate 10 East Feeder Road from 8th and 9th Streets. This request is to facilitate construction of a sound wall barrier between the feeder road and the Oaks Historic District to minimize impact from the State’s IH-10 & US-69 Interchange Project. Traffic will be able to access the feeder road by way of 10th Street and 7th Street. This item was sent to all interested parties and received zero in opposition from City staff. Minutes - October 17, 2023 At a Joint Public Hearing held on September 18, 2023, the Planning Commission recommended 7:0 to approve the request for the closure of access to Interstate 10 East Feeder Road from 8th and 9th Streets. Approval of the ordinance. Councilmember Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING THE CLOSURE OF ACCESS TO INTERSTATE 10 EAST FEEDER ROAD, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Feldschu seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-081 PUBLIC HEARING Receive comments regarding the City’s Emergency Management Plan Public Hearing Open: 7:04 p.m. None Public Hearing Close: 7:04 p.m. COUNCILMEMBER COMMENTS Councilmembers/City Manager/City Attorney comments on various matters (Comments can be heard or seen on the City of Beaumont website at beaumonttexas.gov) COUNCILMEMBER TEM DURIO - COUNCILMEMBER GETZ - MAYOR PRO TEM TURNER - COUNCILMEMBER FELDSCHAU - COUNCILMEMBER SAMUEL - COUNCILMEMBER NEILD - CITY ATTORNEY REED – PW DIRECTOR BARTKOWIAK – ACM BOONE – Minutes - October 17, 2023 ACM ELLIS - CITY CLERK BROUSSARD - CFO SIMONEAUX - CITY MANAGER WILLIAMS - MAYOR WEST – With there being no Executive Session, Council adjourned at 7:14 p.m. Roy West, Mayor Tina Broussard, City Clerk B TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: October 24, 2023 REQUESTED ACTION: Council consider a resolution approving an annual maintenance agreement from CrowdStrike Falcon Complete from CDW Government LLC of Vernon Hills, IL. BACKGROUND CrowdStrike is currently in-use by the Information Technology department for use citywide on all computers and servers to detect and respond to cybersecurity threats. Falcon Complete fully investigates, responds, and addresses any threat on CrowdStrike protected devices within 60 minutes 24/7. Thus, taking on the risk and workload of response from the City. To match this capacity, Beaumont would need 24x7 availability to respond to threats within 1 hour. This agreement, in the amount of $85,836.96, is for an annual period beginning on October 31, 2023. Pricing was obtained through the TIPS Purchasing Cooperative. TIPS provides government subdivisions with the means to purchase information technology at volume prices contracted under the procurement statutes of the State of Texas. FUNDING SOURCE General Fund, Municipal Court Technology Fund, and Water Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Beaumont TX 231010A.pdf 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 approve an annual maintenance agreement for CrowdStrike Falcon Complete from CDW Government LLC of Vernon Hills, Illinois in the amount of $85,836.96. 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 24th day of October, 2023. _______________________________ - Mayor Roy West - $ 85,836.96 Customer: City of Beaumont Quote Number: 231010A Contact: Angela Wright Quote Date: October 10, 2023 Address: 801 Main st Contract: TIPS 230105 Tech Solutions, Products, and Services(230105) Prepared By: Alyssa McArthur-Guzman Beaumont TX Phone: 877-621-3156 Phone: Email: alysmca@cdwg.com QTY SERVICE DESCRIPTION UNIT COST EXT. COST Replace Group (Oct 31, 2023 - Oct 30, 2024) $ - $ - 1,618 CS.FCSD.SOLN Falcon Complete with Threat Graph Standard $ 35.12 $ 56,824.16 1,618 CS.INSIGHTB.SOLN Insight $ - $ - 1,618 CS.PREVENTB.SOLN Prevent $ - $ - 1,618 CS.DISCB.SOLN Discover $ - $ - 1,618 CS.FALCOMPS.SVC Falcon Complete Subscription $ - $ - 1,618 CS.OWB.SVC Overwatch $ - $ - 1,618 CS.TGB.STD Threat Graph standard $ - $ - 82 CS.FCSD.HPS.SOLN Falcon Complete with Server Threat Graph Standard $ 42.90 $ 3,517.80 82 CS.INSIGHTB.SOLN Insight $ - $ - 82 CS.PREVENTB.SOLN Prevent $ - $ - 82 CS.DISCB.SOLN Discover $ - $ - 82 CS.FALCOMPS.SVC Falcon Complete Subscription $ - $ - 82 CS.OWB.SVC Overwatch $ - $ - 82 CS.TGB.STD.HPS Server Threat Graph Standard $ - $ - 1,700 CS.SPOTLT.SOLN Falcon Spotlight $ 2.85 $ 4,845.00 6 RR.PSO.ENT.PASS University LMS Subscription Customer Access Pass $ - $ - 1 RR.HOS.ENT.ESTL Essential Support $ 7,810.00 $ 7,810.00 1 CS.FALCOMPONBC.SOLN Falcon Complete: Complimentary CID $ - $ - Falcon Complete ITP (Oct 31, 2023 - Oct 30, 2024) 1000 CS.ITPC.SOLN Identity Threat Protection Complete Bundle $ 12.84 $ 12,840.00 1000 CS.ITP.SOLN Identity Threat Protection (Accounts) 1000 CS.ITPCU.SOLN Identity Threat Protection Complete Upgrade (Accounts) Credit Credit for unused time on existing agreement $ (77,980.04) Original Total $ 163,817.00 Total minus Credit: Term Dates: (Oct 31, 2023 - Oct 30, 2024) FREIGHT: $ - GRAND TOTAL: $ 85,836.96 Corporate Headquarters: Please remit payment to: Will Call & Third Party Pickup CDW Government 200 North Milwaukee Ave. 75 Remittance Drive, Suite 1515 Vernon Hills, IL 60061 Chicago, IL 60675-1515 C TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: October 24, 2023 REQUESTED ACTION: Council consider approving the renewal of an annual maintenance agreement with Tyler Technologies of Plano, TX. BACKGROUND Tyler Technologies’ Incode court software is used by Municipal Court to maintain records for case management software and to process all court transactions including citations, arraignments, warrants, jury management, and payments. This purchase is exempt from competitive bidding since it is available from only one source having exclusive rights to modify and maintain the software. This agreement in the amount of $73,196.90 is for an annual period beginning November 1, 2023. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS 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 approve an annual maintenance agreement for Incode court software used by Municipal Court with Tyler Technologies of Plano, Texas in the amount of $73,196.90. 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 24th day of October, 2023. _______________________________ - Mayor Roy West - D TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: October 24, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an Agreement with BNSF Railway Company. BACKGROUND BNSF Railway Company (BNSF) has requested permission to construct, maintain, and use a railroad crossing of Fannin Street located east of Goliad Street. The proposed railroad crossing will serve as a connector track between their existing main line and the existing Union Pacific track. Per the proposed agreement, the connector track will be constructed and maintained at their own expense. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS BNSF AGREEMENT - Fannin St 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 BNSF Railway Company for a connector track between their existing main line and the existing Union Pacific track of Fannin Street located east of Goliad Street. 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 24th day of October, 2023. _______________________________ - Mayor Roy West - E TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 24, 2023 REQUESTED ACTION: Council consider a resolution accepting the 2023 Certified Tax Roll (FY 2024). BACKGROUND The Jefferson Central Appraisal District submitted the Certified Appraisal Roll on July 20, 2023, in the amount of $10,517,782,408. On September 12, 2023 the Council approved an ordinance to accept the appraised roll and establish the property tax rate for the tax year 2023 (FY 2024). As required by Section 26.09 of the Tax Code: The tax assessor for a taxing unit shall calculate the tax imposed on each property included on the appraisal roll for the unit and send a Certified Tax Roll to the unit to be approved by Council FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS 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 accept the 2023 Certified Tax Roll (FY 2024) in the amount of $10,517,782,408.00. 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 24th day of October, 2023. _______________________________ - Mayor Roy West - R E S O L U T I O N BE IT RESOLVED PURSUANT TO THE TEXAS PROPERTY TAX CODE, SECTION 26.09, THAT THE CITY COUNCIL OF THE CITY OF BEAUMONT HEREBY APPROVE THE 2023 TAX ROLL THIS DAY OF , 2023. ______________________________________ For the City of Beaumont Sworn to and subscribed before me, the undersigned authority, this day of , 2023. _______________________________________ Notary Public in and for the State of Texas Tax Collection System - JEFFERSON COUNTY Certified Roll Jurisdiction Summary Processing For Tax Year: 2023 County Code: ALL Tax Unit: ALL Roll Codes: ALL 10/09/2023 05:18 pm Request Seq.: 4376009 tc502_juris_summary.rep v1.16 Page 14 of 40 Jurisdiction: 21 Tax Rate: State Hom: State O65: Disabled: AG Exclusion Amt: Timber Exclusion Amt: HS Capped Amt: State Homestead Amt: Local Homestead Amt: State Over 65 Amt: Local Over 65 Amt: Surviving Spouse Amt: State Disabled Amt: Local Disabled Amt: Total VET Amt: *VET Surviving Spouse Amt: Late Rendition Penalty Amt: Other Penalty Amt: 0.6814850 0 0 17,500 42,801,703 3,979,845 295,032,405 0 0 0 156,577,201 980,000 0 14,992,912 6,844,015 203,000 50,783.66 138.18 Opt Hom: Opt O65: Opt Disabled: 0.0000000 17,500 0 CITY OF BEAUMONT 64,531 12,757,595,578 114 54 13,212 12,415,781,625 3,293 479 82 17 F TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: October 24, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a Temporary Construction Easement with Willis Harris Estate. BACKGROUND The City of Beaumont (City) is currently constructing a new 48-inch diameter raw water pipeline along the length of Pine Street and a portion of Marina Drive. A temporary construction easement is required to detour traffic from Marina Drive around the construction site while this area is closed due to construction. Willis Harris Estate has agreed to grant a 24’ wide temporary construction easement in the amount of $470 to the City. The temporary construction easement will cross a portion of the property identified as being Lot 3, Block 4, Sheffield Addition. It is further agreed that the City will pay Willis Harris Estate an additional $470 or remaining balance of the property value at time of conveyance of a valid title, to include all rights and interest in Lot 3, Block 4, Sheffield Addition, in a Special Warranty Deed. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. ATTACHMENTS Temporary Construction Easement - Willie Harris Estate Agreement - Willie Harris Estate RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City of Beaumont is currently constructing a new 78-inch diameter raw water pipeline along the length of Pine Street and a portion of Marina Drive; and, WHEREAS, a Temporary Construction Easement is required to detour traffic from Marina Drive around the construction site while this area is closed; and, WHEREAS, the Willis Harris Estate has agreed to grant a 24’ wide temporary easement in the amount of $470.00 to the City; 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 has agreed to pay the Willis Harris Estate an additional $470.00 or the remaining balance of the property value at the time of the conveyance of a valid title, to include all rights and interest in Lot 3, Block 4, Sheffield Addition, in a Special Warranty Deed; and, THAT the City Manager be and he is hereby authorized to execute a Temporary Construction Easement with the Willis Harris Estate to allow a 24’ wide Temporary Construction Easement to detour traffic from Marina Drive around the construction site in the amount of $470.00. 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 24th day of October, 2023. _______________________________ - Mayor Roy West - 3 17 99 21,242 0 0 9,231 59 0 877 666 20 179,394,128 10,517,778,004 71,728,003.14 1,211 2 0 0 0 0.00 0.00 0.00 64,531 Total Parcels: Market Value: AG Exclusion Count: Timber Exclusion Count: HS Capped Count: Assessed Value: Prorated-Exxv Count/Amt: 100% Exempt Vet Count/Amt: Immed Residential Homestead Count/Amt: Pro Youth Associations Count/Amt: Prorated-Exxl Count/Amt: Chdo Count/Amt: Pro Misc Exempts Count/Amt: State Homestead Count: Local Homestead Count: State Over 65 Count: Local Over 65 Count: Surviving Spouse Count: State Disabled Count: Local Disabled Count: Total VET Count: *VET Surviving Spouse Count: *included in the Total VET Count/Amt Partial Exempt Values: Taxable Value: Total Levy Amt: Late Rendition Penalty Count: Other Penalty Count: Frozen Account Count: Frozen Homesite Value: Frozen Taxable Value: Unfrozen Levy Amt: Frozen Levy Amt: Frozen Levy Loss Amt: Total Non-Exempt Parcel Count: 1,390,125,305 96,060,914 0 11,639,920 2,378,097 1,390,735 4,215,053 Pro Schools Count/Amt: Low Income Housing Count/Amt: Pollution Control Count/Amt: Pro Charitable Functions Count/Amt: Surviving Spouse First Responder Count/Amt: Abatement Count/Amt: Hb366 Count/Amt: 45 5 4 6 2 2 500 20,812,437 10,828,894 862,355 1,878,364 422,839 177,352,519 642,061 1 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: June Ellis, Assistant City Manager, Operations MEETING DATE: October 24, 2023 REQUESTED ACTION: Council consider authorizing the City Manager to enter into an interlocal agreement with the Texas Municipal League Intergovernmental Risk Pool for Liability Insurance Coverages BACKGROUND The City of Beaumont is self-insured and does not utilize a commercial insurance provider, or any other third-party insurance provider, for its various lines of liability coverage. These include, but are not limited to, general liability, law enforcement liability, errors & omission liability, and automobile liability. Being self-insured, the City pays claims directly out of its budgeted funds and does not pay a premium to an insurance company to cover the City's claims and associated litigation costs. The City has been a self-insured provider of its liability coverages since 2004, when it withdrew from the Texas Municipal League Intergovernmental Risk Pool (TMLIRP). Staff has revisited the City's various insurance coverage needs to determine if there is a benefit to the City by opting to be insured by a third-party provider. Currently, the Texas Municipal League Intergovernmental Risk Pool provides various insurance coverage to approximately 1,100 Texas cities. Staff has been meeting with the Risk Pool since February to determine if opting to be part of the Risk Pool would provide a benefit to the City. After receiving a quote for various insurance coverage options from the Risk Pool, and after meeting with multiple representatives of the Risk Pool, staff has determined that by opting to be part of the Risk Pool, liability coverages of the Risk Pool would provide valuable benefits to the City of Beaumont. There are financial, and non-financial, benefits to bind coverage with the Risk Pool for certain liability coverages. These include general liability, law enforcement liability, errors & omissions, automotive liability, and cyber liability & data breach. By binding these coverages with the Risk Pool, the net financial cost to the City during the current fiscal year is less than $100. This does not include the estimated savings of $100,000 that the City expects it will save as a result of not requiring funding to cover litigation expenses for retaining outside legal representation to assist with the City's claims. There are also non-financial benefits to the City as a result of being a member of the Risk Pool. These include, but are not limited to, the following: 1. A dedicated service team assigned to help the City manage risk, such as a Risk Management Advisor, Safety and Loss Control Specialist, Underwriter, and Billing Specialist. 2. A stable and economic source of risk financing and loss prevention services. 3. Claims management by specialists who know and understand immunities and tort caps applicable to local governments. 4. Access to the Risk Pool’s online training platform, LocalGovU, with thousands of training courses, as well as the Risk Pool’s free in-person trainings. Some trainings also include continuing education credits. 5. Specialized resources on The Pool’s website, including several risk management resources such as Police & Fire Best Practices, Establishing an Effective Return to Work Program, Call Before You Fire Program and Hurricane Preparedness. 6. Access to the Risk Pool’s internal legal team for any legal questions, as well as TML and their legislative experts. 7. Defense council for covered claims that are litigated. 8. Subrogation services by the Risk Pool when damage occurs to the City’s property. Binding these coverages with the Risk Pool will allow the City to dedicate more of its time focusing on improving safety, accident prevention, and ensuring a safe, healthy work environment. It's anticipated that over time, improvements in these areas will help to reduce the City's claims and settlements, thus lowering costs for annual insurance premiums. FUNDING SOURCE General Fund RECOMMENDATION Authorize the City Manager to enter into an Interlocal Agreement with the Texas Municipal League Intergovernmental Risk Pool for City of Beaumont Liability Coverages ATTACHMENTS 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 enter into an interlocal agreement with the Texas Municipal League Intergovernmental Risk Pool for Liability Insurance Coverages. 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 24th day of October, 2023. _______________________________ - Mayor Roy West - DISCUSSION ITEM Council to discuss Naming Policy Ordinance.