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Home My WebLink About07/25/2023 PACKET REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, JULY 25, 2023 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 2-6 (or any other 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 approval of the June 18, 2023, City Council Meeting Minutes. B. Council consider a resolution authorizing the City Manager to execute Change Order No. 5, to the contract with King Solution Services, Inc., of Houston, for the City Wide Pipe Bursting Contract – Phase I Project. C. Council consider a resolution approving the exchange of property with Tideland Specialty, Ltd. REGULAR AGENDA 1.Council consider a request for a Rezoning from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density) or a more restrictive district for property located north of 2360 S. Major Drive. 2.Council consider a resolution approving the proposal submitted by Preferred Facilities Group - USA to replace the roof membrane at the Beaumont Police Department located at 255 College Street. 3.Council consider a resolution to amend the Public Participation Plan for the CDBG/Housing Division. 4.Conduct an election for Mayor Pro Tempore PUBLIC HEARING Council conduct a public hearing and consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Texas Department of Transportation to receive Operating Assistance funds for the Zip bus system. Council conduct a Public Hearing to consider amending Ordinance Number 03-048 to designate 3180 Park, a structure determined by Council to be unsafe and commercial on June 24, 2003, to now be designated as a residential structure and waive all demolition costs incurred by the City as well as interest charges or fees. REGULAR AGENDA 5.Council conduct a public hearing and consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Texas Department of Transportation to receive Operating Assistance funds for the Zip. 6.Council conduct a public hearing and consider amending Ordinance Number 03-048 to designate 3180 Park, a structure determined by Council to be unsafe and commercial on June 24, 2003, to now be designated as a residential structure and waive all demolition costs incurred by the City as well as interest charges or fees. WORK SESSION Work Session to review and discuss the proposed Street Rehabilitation Citywide – Phase V project. PUBLIC COMMENT - MISC COUNCIL COMMENTS EXECUTIVE SESSION 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:July 25, 2023 REQUESTED ACTION:Council to consider approval of the June 18, 2023, City Council Meeting Minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION None ATTACHMENTS Minutes July 18, 2023 MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert “A.J.” Turner Jr., At-Large ROY WEST, MAYOR Randy Feldschau, At-Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward IIIJULY 18, 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 July 18, 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 Recognition Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 2-5 Mayor West called the council meeting to order at 1:30 p.m. Pastor Donny Flippo with Gospel Center Church 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 Durio, Councilmembers Getz (arrived at 1:34 p.m.), Turner (arrived at 1:33 p.m.), Feldschau, Samuel and Neild. Also, present were Kenneth Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition None Public Comment: Persons may speak on the Consent Agenda/Agenda items 2-5 (or any other topic) ( Public comments can be heard or seen on the City of Beaumont’s website at beaumonttexas.gov) Pearl Jones Latosha BradfordMickey Phelan Ricky JasonCharlie CrabbeJames Callas Christopher JonesElmo Moore 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.) Minutes - July 19, 2023 A.Council to consider approval of the July 11, 2023, City Council Meeting Minutes. B.Council to consider a resolution approving annual contracts for the purchase of ready-mixxte and concrete and heavy materials, for use by multiple City departments – Resolution 23-187 C. Council to consider a resolution approving the purchase of one fire truck – Resolution 23-188 D.Council to consider a resolution approving the purchase of 10 vehicles for use in the Police Department – Resolution 23-189 E.Council to consider a resolution approving the purchase of 14 vehicles for use in the Police Department and EMS – Resolution 23-190 Councilmember Samuel moved to approve the Consent Agenda excluding Item F. Mayor Pro Tem Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED F. Council to consider a resolution authorizing the City Manager to award a contract to Gulf Coast Electric Co., Inc. of Beaumont, TX, and execute Change Order No. 1 for the Rue Street Lift Station Electrical and Controls Improvements Project – Resolution 23-191 Councilmember Samuel moved to approve Consent Agenda Item F. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, SAMUEL AND NEILD NAYS:NONE ABSTAIN:COUNCILMEBER FELDSCHAU MOTION PASSED REGULAR AGENDA 1.Council to consider a request for a Specific Use Permit to allow a drinking place in the GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 3035 College Street, Suite A. Minutes - July 19, 2023 Yorguis Batista requests approval for a Specific Use Permit to allow a drinking place located at 3035 College Street, Suite A. The applicant states that the hours of operation will be Sunday through Thursday, 4:00 p.m. till midnight with at least 4-5 staff including one security person. For Friday and Saturday, the hours of operation will be 4:00 p.m. till 2:00 a.m. with 8-10 staff including 2-3 security personnel. At a Joint Public Hearing held on June 26, 2023, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a drinking place in the GC- MD (General Commercial-Multiple Family Dwelling) District for property located at 3035 College Street, Suite A, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre- treatment and/or FOG program. 2. Final plans must be provided with the location of the equipment that will be used at the establishment. 3. All current fire codes will be applied (IFC 2021) including possible requirement of a fire sprinkler system. 4. Require at least one (1) licensed peace officer present on weeknights and a minimum of two (2) present on weekend nights. 5. Smoking to be approved by the Fire Marshal Approval of the ordinance, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's back-flow, pretreatment and/or FOG program. 2. Final plans must be provided with the location of the equipment that will be used at the establishment. 3.All current fire codes will be applied (IFC 2021) including possible requirement of a fire sprinkler system. 4. Require at least one (1) licensed peace officer present on weeknights and a minimum of two (2) present on weekend nights. 5. Smoking to be approved by the Fire Marshal. Councilmember Turner moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN A GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3035 COLLEGE STREET, SUITE A IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tem Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD Minutes - July 19, 2023 NAYS:NONE MOTION PASSED ORDINANCE 23-054 2.Council to consider a resolution authorizing the City Manager to enter into an Industrial Development Agreement with Linde, Inc. in order to offer economic development incentives for a new industrial project. The city was recently approached about entering into an Industrial Development Agreement in order to offer economic development incentives for a new hydrogen and ammonia production facility. The facility would include a carbon capture capability, capturing CO2 during the production process and conveying it to a nearby carbon sequestration site. In addition to clean hydrogen production, the facility would also be capable of producing liquid nitrogen, oxygen and argon. The investment is expected to total $1.7 billion and create up to 1,200 construction jobs and 30 new permanent jobs. The Agreement proposes an abatement period of 100% for ten years in order to incentivize the investment. In addition, Linde, Inc. would make three (3) annual payments to the City of Beaumont in the amount of $1 million, beginning in calendar year 2026 and concluding in calendar year 2028. Approval of the Resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH LINDE, INC., IN ORDER TO OFFER ECONOMIC DEVELOPMENT INCENTIVES FOR A NEW INDUSTRIAL PROJECT. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 23-192 3.Council to consider a resolution authorizing the City Manager to award a contract to ALLCO, LLC, of Beaumont, TX, and execute Change Order No. 1 for the Pine Street 48- Inch Raw Water Line Project. The Pine Street 48-Inch Raw Water Line Project will provide for the construction of a raw water line to serve the Pine Street Surface Water Treatment Plant from the Collier’s Ferry Raw Water Pump Station that is under construction. On April 27, 2023, two (2) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer’s Estimate for the contract is $18,956,482.00. The bid totals are indicated in the table below: Minutes - July 19, 2023 Contractor Location Total Bid Amount ALLCO, LLC Beaumont, TX $29,191,513.63 Reytec Construction Resources, Inc. Houston, TX $33,689,242.50 Based on a review of the bids and required documents received, Water Utilities staff agrees with Freese and Nichols, Inc., and recommends awarding the project to the lowest bidder, ALLCO, LLC, in the amount of $29,191,513.63 and Change Order No. 1 in the amount of ($8,962,535.65) reducing the contract to $20,228,977.98. The change order proposed by the Engineer is to modify the pipeline material, adjust the pipeline elevation, remove a section of the pipeline, remove the 42-Inch resiliency line work, and revise the pavement repair plans. A total of 452 calendar days are allocated for substantial completion of the project. Funds will come from the Capital Program and CDBG/GLO. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1, IN THE AMOUNT OF ($8,962,535.65) DECREASING THE TOTAL CONTRACT AMOUNT TO $20,228,977.98 FOR THE PINE STREET 48-INCH RAW WATER LINE PROJECT. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS:COUNCILMEMBER GETZ MOTION PASSED RESOLUTION 23-193 4.Council to consider a resolution accepting payment in the amount of $540.00 for the principal of a litter lien and the lien assessment fee for lien filed on August 10, 2020 on property legally described as Forrest L39 B8 (3494 Magnolia Ave.), and payment in the amount of $3,460.00 for unpaid weed abatement charges, waiving litter lien interest in the amount of $141.09, and waiving weed abatement charges in the amount of $4,373.75. On August 10, 2020, a litter lien was attached to property legally described as Forrest L39 B8 (2494 Magnolia Ave.). The lien was discovered in March 2023 by Stewart Title Company in a title search related to the proposed sale of the property. The litter lien principal amount due is $490.00, lien assessment fee of $50.00, and interest accrued to date since the filing of said lien is $141.09, for a total amount of $681.09. There are also unpaid weed abatement charges of $7,833.75, dating from 2001 until 2022. The total market value of the property per the Jefferson County Tax Office is $4,200.00. There are no unpaid property taxes. Approval of resolution. Councilmember Samuel moved to ADOPT A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ACCEPT PAYMENTS IN THE AMOUNT OF $540.00 FOR THE PRINCIPAL OF A LITTER LIEN AND THE LIEN ASSESSMENT FEE FOR THE LIEN FILED, AND $3,460.00 FOR UNPAID WEED ABATEMENT CHARGES FOR THE PROPERTY LEGALLY DESCRIBED AS FORREST L 39, Minutes - July 19, 2023 B 8 (3494 MAGNOLIA AVE.) AND THAT THE INTEREST OF $141.09 AND THE WEED ABATEMENT CHARGES IN THE AMOUNT OF $4,373.75 BE WAIVED. Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 23-194 PUBLIC HEARING The City Council, after conducting a public hearing to consider an ordinance to declare the following 46 structures to be unsafe structures and ordered the owners to raze the said structures within 10 days. If the property owner fails to comply within 10 days, staff request the City Council’s authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by the City Council to enroll in a work program, all delinquent taxes shall be paid in full, or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within 10 days after the effective date of this ordinance. Public Hearing Open at – 2:23 p.m. Public comments were made by the following citizens who personally appeared and requested additional arrangements for their property. Kimberly Williams138 Hidden Valley CircleHuntsville TX Item #93235 Corley Jana Shelton6550 Phelan Blvd.Beaumont TX Item #9 3235 Corley James Callas5375 Rosemary Dr.Beaumont TX Item #112770 Dogwood Christopher Fontenot5695 Downs Rd.Beaumont TX Item #125353 Downs Rd. Thomas Durgan3760 EstelleBeaumont TX Item #133504 Edmonds Nathaniel Mason823 Lee Dr.Beaumont TX Minutes - July 19, 2023 Item #192415 Euclid Lester Smith6030 Townhouse Ln.Beaumont TX Item #283435 Kenwood Harold Edwards4496 Harding Dr.Beaumont TX Item #293955 Lydia Juana Arellano 2130 Victoria St.Beaumont TX Item #432855 Victoria Bianca Brock5005 Plant Rd.Beaumont TX Item #442565 Washington Public Hearing Closed at – 2:53 p.m. 5.The City Council, after conducting a public hearing to consider an ordinance to declare the following 46 structures to be unsafe structures and order the owners to raze the said structures within 10 days. If the property owner fails to comply within 10 days, staff request the City Council’s authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by the City Council to enroll in a work program, all delinquent taxes shall be paid in full, or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within 10 days after the effective date of this ordinance. These structures have been inspected by the Building Codes Division and found to be unsafe structures as defined by the City of Beaumont’s Code of Ordinances, Chapter 24, Article 24.04 Unsafe Substandard Structures, Division 1, Sec. 14.04.001 of the 2015 International Property Maintenance Code. Additionally, these structures have deteriorated to a condition that they are no longer considered suitable for repair. Funding sources may include the General Funds and Community Development Block Grant (CDBG) funding. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL OR REPAIR AS WELL AS TO ALLOW PROPERTY OWNERS OF ITEMS #9, 11, 12, 13, 19, 28, 29, 43 AND 44, TO ENTER INTO A 150 DAY WORK PROGRAM ON THE DANGEROUS STRUCTURE LIST; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Councilmember Turner seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD Minutes - July 19, 2023 NAYS:NONE MOTION PASSED ORDINANCE 23-055 COMMENTS Public Comments (Persons are limited to three minutes) (Public comments can be heard or seen on the City of Beaumont website at beaumonttexas.gov) Addie Allen Mayor West read the announcement regarding the Executive Session being held at the conclusion of Public and Councilmember comments. Councilmembers/City Manager/City Attorney comments on various matters (Comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) COUNCILMEMBER COMMENTS M AYOR P RO T EM D URIO - C OUNCILMEMBER G ETZ - C OUNCILMEMBER T URNER - C OUNCILMEMBER F ELDSCHAU - C OUNCILMEMBER S AMUEL - C OUNCILMEMBER N EILD - C ITY A TTORNEY R EED - C ITY M ANAGER W ILLIAMS - M AYOR W EST - EXECUTIVE SESSION Consider matters related to the deliberation of economic development negotiations in accordance with Section 551.087 of the Government Code to wit’ Project Riverfront Minutes - July 19, 2023 Open session of meeting recessed at 3:51 p.m. Roy West, Mayor Tina Broussard, City Clerk Minutes - July 19, 2023 B TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Mike Harris, Director of Water and Sewer Operations MEETING DATE:July 25, 2023 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to execute Change Order No. 5, to the contract with King Solution Services, Inc., of Houston, for the City Wide Pipe Bursting Contract – Phase I Project. BACKGROUND On June 14, 2022, by Resolution No. 22-153, City Council awarded a contract to King Solution Services, Inc., of Houston, in the amount of $3,670,700.00, for the City Wide Pipe Bursting Contract – Phase I Project. Previous Change Order Nos. 1-4, in the amount of $488,825.00, are attached for your review. Proposed Change Order No. 5, in the amount of $17,500.00, is requested to add one (1) additional bid item to install 56” x 56” square concrete tops at a minimum of 6” higher than the right-of-way elevation and concrete encasement for five (5) manholes along Drainage District No. 6 (DD6) ditch bank in the Piney Point area, Map 1 of the contract plan set. The requested additional items were not part of the original contract because it was an unforeseen circumstance discovered in the field once the Contractor got to the location that was unknown to the designer at the time of contract design. If approved, the new contract amount would be $4,177,025.00. FUNDING SOURCE American Rescue Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Proposed Change Order No. 5 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on June 14, 2022, the City Council of the City of Beaumont, Texas passed Resolution No. 22-153 awarding a contract in the amount of $3,670,700.00 to King Solution Services, Inc., of Houston, Texas, for the City-Wide Pipe Bursting Contract- Phase I Project; and, WHEREAS, Change Orders Nos. 1-4, in the amount of $488,825.00, are attached for your review; and, WHEREAS, Change Order No. 5, in the amount of $17,500.00, is requested to mum of of way elevation and concrete encasement for five (5) manholes along Jefferson County Drainage District No. 6 (JCDD6) ditch bank in the Piney Point area, Map 1 of the contact plan set, thereby if approved increasing the total contract amount to $4,177,025.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 5, in the amount of $17,500.00 for additional work described above, thereby increasing the total contract amount to $4,177,025.00 for the City-Wide Pipe Bursting Contract- Phase I Project; and, 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 25thday of July, 2023. - Mayor Roy West - C TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:July 25, 2023 REQUESTED ACTION:Council consider a resolution approving the exchange of property with Tideland Specialty, Ltd. BACKGROUND On July 11, City Council approved Ordinance No. 23-052 vacating and abandoning a portion of South Street, Holmes Street and Archie Street and retaining a general utility easement. The abandonment of South Street, Holmes Street and Archie Street was subject to Tideland Specialty, Ltd. conveying a 0.9739 acre tract to the City of Beaumont. Tideland Specialty, Ltd. has agreed to exchange the real property with the City of Beaumont (“City”) to support the additional parking needed for the Event Centre and Lakeside Center. Tideland Specialty, Ltd. will deed its interest in the property identified as being a 0.9739 acre of land, situated in the Noah Tevis Survey League, Abstract No. 52 in exchange for the City granting the property identified as being a 0.5146 acre tract of land out of and part of Lot 7, Block 30, out of and part of Lots 7-12, out of and part of Block 31, out of and part of Lots 9-12, Block 32 out of and part of Archie Street and Holmes Street, Van Wormer Addition, situated in Noah Tevis Survey League, Abstract No. 52. FUNDING SOURCE None. RECOMMENDATION Approval of the resolution. ATTACHMENTS AGENDA - Property Exchange with Tideland Specialty Ltd Special Warranty Deed - City to Tideland - 0.5146 Tract Exhibit - City to Tideland - 0.5146 Tract Special Warranty Deed - Tideland to City - 0.9739 Tract Exhibit - Tideland to City - 0.9739 Tract RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on July 11, 2023, City Council approved Ordinance 23-052 vacating and abandoning a portion of South Street, Holmes Street, and Archie Street, and retaining a general utility easement; and, WHEREAS, Tideland Specialty, Ltd. has agreed to exchange the real property with the City of Beaumont Centre and Lakeside Center; and, WHEREAS, Tideland Specialty Ltd. will deed its interest in the property identified as being a 0.9739 acre of land, situated in the Noah Tavis Survey league, Abstract No. 52 in exchange for the City granting the property identified as being a 0.5146-acre tract of land out of and part of Lot 7, Block 30, out of and park of Lot 7-12, out of and park of Block 31, out and part of Lots 9-12, Block 32 out of and part of Archie Street and Holmes Street, Van Wormer Addition, situated in Noah Tevis Survey League, Abstract No. 52; 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 Council approve the exchange of property with Tideland Specialty, Ltd. 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 25thday of July, 2023. - Mayor Roy West - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER’S LICENSE NUMBER. THE STATE OF TEXAS§ §KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON§ SPECIAL WARRANTY DEED That, CITY OF BEAUMONT, a municipal corporation, domiciled in Jefferson County, Texas, hereinafter called GRANTOR collectively for and in consideration of the sum of TEN DOLLARS AND NO/100 ($10.00) DOLLARS and other good and valuable consideration, to it in hand paid by TIDELAND SPECIALTY, LTD, a Texas limited partnership hereinafter called GRANTEE, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described in Exhibits “A & B”, attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself, her successors and assigns, forever, all of the oil, gas, and other minerals in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations and conveyances, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto and in any wise belonging, unto the said GRANTEE and GRANTEE’S successors and assigns, forever; and said GRANTOR binds itself and its successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE’S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above, when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED this the day of , 2023. CITY OF BEAUMONT BY: Kenneth R. Williams, City Manager {INTENTIONALLY LEFT BLANK} ACKNOWLEDGEMENT STATE OF TEXAS§ § COUNTY OF JEFFERSON§ This instrument was acknowledged before me on this the day of , 2023, by Kenneth R. Coleman, City Manager for the City of Beaumont, a Texas municipal corporation, on behalf of said municipal corporation. Notary Public, State of Texas RETURN TO: Tideland Specialty, Ltd. 155 South MLK Beaumont, Texas 77701 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER’S LICENSE NUMBER. THE STATE OF TEXAS§ §KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON§ SPECIAL WARRANTY DEED That, TIDELAND SPECIALTY, LTD, a Texas limited partnership, the County of Jefferson, State of Texas, hereinafter called GRANTOR collectively for and in consideration of the sum of TEN DOLLARS AND NO/100 ($10.00) DOLLARS and other good and valuable consideration, to it in hand paid by the CITY OF BEAUMONT, a municipal corporation, domiciled in Jefferson County, Texas, hereinafter called GRANTEE, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described in Exhibits “A & B”, attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself, her successors and assigns, forever, all of the oil, gas, and other minerals in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations and conveyances, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto and in any wise belonging, unto the said GRANTEE and GRANTEE’S successors and assigns, forever; and said GRANTOR binds itself and its successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE’S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above, when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED this the day of , 2023. TIDELAND SPECIALTY, LTD., a Texas limited partnership BY:CG Tideland, L. L. C., a Texas limited liability company, General Partner BY: Charles J. Giglio, President {INTENTIONALLY LEFT BLANK} ACKNOWLEDGEMENT STATE OF TEXAS§ § COUNTY OF JEFFERSON§ This instrument was acknowledged before me on this the day of , 2023, by Charles J. Giglio, President of CG Tideland, L. L. C., a Texas limited liability company, on behalf of said limited liability company, general partner on behalf of Tidelands Specialty, Ltd., a Texas limited partnership. Notary Public, State of Texas RETURN TO: City of Beaumont c/o Antoinette Hardy P. O. Box 3827 Beaumont, TX 77704 1 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Chris Boone, Assistant City Manager, Community Services MEETING DATE:July 25, 2023 REQUESTED ACTION:Council consider a request for a Rezoning from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density) or a more restrictive district for property located north of 2360 S. Major Drive. BACKGROUND Sabole Vishnu Vandana is requesting approval for a Rezoning from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling - Highest Density) for the property located just north of 2360 S. Major Drive. The applicant intends to construct an apartment complex containing 150 units. Although the majority of neighboring properties are either vacant or occupied by single-family homes, Major Drive is a major arterial and this area is recognized as a neighborhood growth unit. As such, multi-family zoning would be an acceptable use and transition into residential neighborhoods. At a Joint Public Hearing held on June 26, 2023, the Planning Commission recommended 5:2 to approve the request for a Rezoning from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density) or a more restrictive district for property located north of 2360 S. Major Drive. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS Legal Description and Staff Report. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING HIGHEST-DENSITY) DISTRICT FOR PROPERTY LOCATED AT 2360 S. MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling Highest-Density) District for property located at 2360 S. Major Drive, being Lot 5 and the north part of Lot 6, Block 7, Wescalder Fig Acres, Beaumont, Jefferson County, Texas, containing 7.436 acres, more or less, as is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. 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 25thday of July, 2023. - Mayor Roy West - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 5 and the north part of Lot 6, Block 7, Wescalder Fig Acres, Beaumont, Jefferson County, Texas, containing 7.436 acres, more or less. 2 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Keith Folsom, Director of Facilities Maintenance MEETING DATE:July 25, 2023 REQUESTED ACTION:Council consider a resolution approving the proposal submitted by Preferred Facilities Group - USA to replace the roof membrane at the Beaumont Police Department located at 255 College Street. BACKGROUND Pricing was obtained from Preferred Facilities Group - USA utilizing Buy Board Texas Contract # 581-19. The Buy Board Texas Contract provides 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 installing one layer of Dens Deck material and one layer of 80 mil fleece back single-ply Durolast PVC roofing material over the existing built-up roof system. The new roof system will be warranted for a period of 20 years from the date of installation. The cost to install the new roof system will be $388,742.33 plus $9,718.55 for the cost of performance and payment bonds for a total project cost of $398,460.88. A second proposal was obtained from Construction Managers of Southeast Texas, LLC utilizing the TIPS procurement process in the total amount of $402,600.00. Funds are available in the Capital Reserve fund. The need for the replacement of the roof membrane material resulted from severe damage caused by the hailstorm that took place on the night of April 15, 2023. The hail created multiple cuts in the existing single-ply roof membrane therefore allowing water to infiltrate the interior areas of the facility causing interior damage to ceilings in the facility. This project is necessary to protect the integrity of the facility. The existing roof material on the Beaumont Police Department was installed in 2004 therefore the current roof system is 19 years old. Due to the immediate need to replace the roof membrane, 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 ATTACHMENTS 7.25.23 Exhibit - Beaumont Police Department Roof Replacement Bid 1 7.25.23 Exhibit - Beaumont Police Department Roof Replacement Bid 2 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the roof at the Beaumont Police Department was severely damaged after a hail storm on April 15, 2023; and, WHEREAS, pricing was obtained by utilizing Buy Board Texas Contract # 581-19 to replace the roof membrane at the Beaumont Police Department located at 255 College Street; and, WHEREAS, Preferred Facilities Group- USA submitted a proposal in the amount of $398,460.88 for the replacement of the roof system at the Beaumont Police Department; and, WHEREAS, City Council is of the opinion that the proposal submitted by Preferred Facilities Group- USA, of Beaumont, Texas in the amount of $398,460.88 should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved, and adopted; and, THAT the City Manager be and he is hereby authorized to accept the proposal and execute a contract with Preferred Facilities Group - USA, of Beaumont, Texas in the amount of $398,460.88 for the replacement of the roof system at the Beaumont Police Department. 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 25thday of July, 2023. - Mayor Roy West - 3 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Chris Boone, Assistant City Manager, Community Services MEETING DATE:July 25, 2023 REQUESTED ACTION:Council consider a resolution to amend the Public Participation Plan for the CDBG/Housing Division. BACKGROUND Amendments to our Public Participation Plan are needed to achieve robust engagement with residents, regarding Community Development/Housing planning activities. The amendment includes the expansion of comment collection methods, additional locations to review community development plans in person and the utilization of online surveys. The plan also increases efforts to inclusively engage the public in meaningful dialogue about our community development activities. These amendments align with the U.S. Department of Housing and Urban Development regulations. FUNDING SOURCE N/A RECOMMENDATION Approval of resolution. ATTACHMENTS Public Participation Plan Amendment RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, amendments are required to the City of BeaumontPublic Participation Plan to achieve robust engagement with residents regarding Community Development/Housing planning activities, the expansion of comment collection methods, additional locations to review community development plans in person, and the utilization of online surveys. The Plan is substantially in the fo made a part hereof for all purposes; and, WHEREAS, the CDBG/Housing Division recommends that the City Council adopts the amendments to the Public Participation Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT City Council adopts the amendments to the Public Participation for the CDBG/Housing Division as outlined in Exhibit . 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 25thday of July, 2023. - Mayor Roy West - Public Participation Plan Section I. Encouraging Participation A.The City of Beaumont will encourage public participation from all residents in community development and fair housing decision making by performing the actions below. 1. Advertise Consolidated Plan activities and programs in a newspaper of general circulation, on the city’s website and social media pages. 2. Notification of all community development advisory committee (CDAC) meetings will be posted on the city website. 3. Advertise public meetings scheduled to discuss local fair housing issues and steps that may be taken to support local activities in the promotion of fair housing. 4. Send direct notice to service agencies, organizations, neighborhood associations, and developers that express interest in opportunities to participate in the Consolidated Plan activities and comment periods. 5. Provide an online survey in English and Spanish on the city website in open form for comments to be submitted digitally in addition to the oral comments in person or verbal comments submitted on the phone. B.The following actions will be taken to encourage participation by low and moderate- income households. 1. When possible and at least once annually, conduct public hearings within a low to moderate income neighborhood. 2. Schedule hybrid or virtual public hearings to obtain citizen input on fair housing issues. 3. Maintain a list of interested residents who reside in low to moderate income neighborhoods and notify them of all public hearings and opportunities to comment. 1 4. Engage civic organizations, neighborhood groups, churches and clubs that serve low to moderate income communities with a quarterly community development newsletter. Partner with them to distribute information on public hearings, comment periods, program information and other community development activities occurring throughout the year. 5. Canvass community events to provide information on upcoming public hearings, programs and comment periods to residents that may live in low to moderate income neighborhoods. C.To encourage non-English-speaking residents, disabled people and minorities to participate in comment periods for our plans, the following actions will be taken: 1. Promote advertisements in alternate publications, on the City’s website, and with groups that target specific residents, some of whom may reside in low-income areas. 2. Provide interpreters at meetings if needed. Advertise plans, activities and amendments in both Spanish and English. If another significant language minority group exists, staff will attempt to translate advertisements to include that language. 3. Hold public meetings in an ADA accessible facility. 4. Provide a sign-language interpreter if requested. 5. Distribute Community Development newsletters to organizations that assist non- English speaking households and persons with disabilities. SECTION II. PUBLIC COMMENT ON PUBLIC PARTICIPATION PLAN A.The actions below will be taken to receive commentary on the Public Participation Plan. 1. The Public Participation Plan will be available for review during the published comment period. The period will not be less than 15 calendar days. 2. A summary of the plan will be published in a newspaper of general circulation. The summary will include a list of locations where the plan will be available for review. 3. Locations may include city hall, public facilities and the city website. Copies of the plan will be accessible to those in low-income neighborhoods. 4. Upon request, the Public Participation Plan will be in a format accessible to persons with disabilities. 2 5. All published notices will direct comments to the Community Development Department. 6. The city’s social media site will post announcements regarding the opportunity to comment and direct those comments to be emailed to the Community Development Department. 7. An online survey with open form will be posted on the city website to collect comments on the plan. B.Amendments to the Public Participation Plan will be published in a newspaper of general circulation. The notice will identify a comment period of not less than 15 days. Comments will be directed to the Community Development Department. SECTION III. PUBLIC HEARINGS A.A minimum of two public hearings will be held to provide information on the different stages of the development process including: 1. Identifying needs for housing and community development 2. Reviewing the proposed use of funds 3. Reviewing the performance of programs B.The minimum notice for any public hearing will be 7 calendar days. In most circumstances, the notification for hearings will take place at least 15 days before the hearing date. Public notice will be advertised in a newspaper of general circulation. Assessment of Fair Housing public hearings will be posted 45 days before the date of the hearing. Fair Housing Assessment Public Hearings may be held in conjunction with a general public hearing on the Consolidated Plan during City Council meetings but will be posted as a separate agenda item. C.Translation services will be provided upon request or if it is likely that non-English speaking persons will attend. D.At least one public hearing to obtain public input will be held prior to the formal publication of the five-year Consolidated Plan. 3 SECTION IV. OPPORTUNITES FOR COMMENT ON THE CONSOLIDATED PLAN A. The following information regarding the Consolidated Plan is made available to the public before the final approval of the plan. 1. The amount of assistance expected to be available to the jurisdiction for community development activities. 2. A list of activities proposed to be included in the Consolidated Plan. 3. The estimated amount of funding that will benefit low and moderate-income residents. B. The Consolidated Plan will be available to the public for review and comments. 1. A summary of the Consolidated Plan will be published in a newspaper of general circulation. Additional notices of the plan’s availability will be distributed using the city website, social media pages and Community Development Newsletter. 2. The summary and additional notices will include information on the 30-day comment period including dates, plan locations and where to direct comments and questions. 3. Locations where the Consolidated Plan may be reviewed may include: the Community Development office, local libraries, community centers, and other public facilities. Most locations will be in areas where at least 51% of the residents are low to moderate income. The plan will also be published on the City’s website. 4. All locations where the plan can be reviewed will be accessible to persons with disabilities. 5. Any comments made will be considered and a summary will be prepared and included in the plan. If there are comments that are not accepted, reasons will be provided. C.When substantial amendments to our Consolidated Plan are needed, these changes will go before the City Council for approval. Examples of substantial changes include the following: 1. Any transfer of funds that exceeds 10% of the total grant allocation for the fiscal year in which the activity was funded 2. Cancellation of a planned activity 3. Addition of a new activity that was not previously proposed for public review 4. Modification in the scope of activity or primary purpose, such as the intended beneficiary or organizational support 4 5. Any increase or decrease in a proposed allocation (HUD Grant) that exceeds 1% of the total allocation for the fiscal year Proposed Amendments will be published in a newspaper of general circulation at least 30 days prior to a request for City Council approval. All comments received will be provided to the council for consideration. SECTION V. PERFOMANCE REPORTS A comment period of at least 15 days will be provided prior to the submission of any performance reports to the US Department of Housing and Urban Development. A notice will be run in a newspaper of general circulation. The contents of the notice will advise the public of the availability of the performance report. The notice will also include directions for the submission of comments. Any comments submitted will be summarized with the performance report. SECTION VI. TECHNICAL ASSISTANCE A.Technical assistance will be provided to all persons or groups representative of persons of low and moderate income who wish to develop an application or proposal for Community Development Block Grant and /or HOME funds. All advertisements will indicate that technical assistance in preparing proposals is available. Residents will also be informed at the public hearings that technical assistance is available. They will be provided with information that includes the contact information of the Community Development department. SECTION VII. MEETINGS All CDAC and city council meetings that will include discussion of Consolidated Plan and Affirmatively Furthering Fair Housing activities will be subject to a 72-hour notice requirement. Notice of meetings will be posted by the City Clerk at least 72 hours in advance of the meeting. 5 SECTION VIII. ACCESS TO RECORDS Residents may request access to any non-confidential records regarding the Consolidated Plan and Fair Housing activities. Information from the preceding five years will be available. Those requests may be submitted to the City Clerk’s office via email or in person at City Hall during business hours. Charges for copies will be based on the current City of Beaumont policies under the Open Records Act. SECTION XI. COMPLAINT PROCEDURE Any individual or group who wishes to file a complaint concerning any aspect of the Community Development program may contact the Community Development Department at City Hall, 801 Main Street, Ste 201, Beaumont, TX 77701, 409-980-7270. Complaints may be in writing or made verbally. Staff may request that verbal complaints be repeated for clarification. Responses to each complaint will be made within 15 working days, where practicable. Complaints received verbally over the phone may receive verbal response over the phone or a meeting may be scheduled to discuss the complaint and response. Documentation of the call or meeting will be kept on file. Some verbal complaints may receive written response via email or mail. Complaints will be reviewed as needed to discuss any changes to program requirements and/or staff administration of programs and activities. 6 4 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:July 25, 2023 REQUESTED ACTION:Conduct an election for Mayor Pro Tempore BACKGROUND Councilmember Durio was elected as Mayor Pro Tempore on July 26, 2022. According to the City Charter, "the City Council shall elect one of its members as Mayor Pro Tempore for a one year term." The Mayor Pro Tempore shall preform the duties of the Mayor in the case of the absence or inability of the Mayor to preform the duties of the office, and, if a vacancy occurs, shall become Mayor for the unexpired term. FUNDING SOURCE Not applicable RECOMMENDATION Conduct an election ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT __________________ is elected Mayor Pro Tempore for a one (1) year term; beginning on July 27, 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 25thday of July, 2023. - Mayor Roy West - 5 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Chris Boone, Assistant City Manager, Community Services MEETING DATE:July 25, 2023 REQUESTED ACTION:Council conduct a public hearing and consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Texas Department of Transportation to receive Operating Assistance funds for the Zip. BACKGROUND The Zip, formerly known as Beaumont Municipal Transit, has prepared a grant application for FY2024 grant funds from the Texas Department of Transportation (TXDOT). The grant will help fund labor, fringe benefits, parts and supplies, purchased services, utilities, insurance, licenses, and all other miscellaneous expenses needed for the operation and maintenance of the Zip in FY2024. The grant periods runs from September 1, 2023 through August 30, 2024. FUNDING SOURCE Federal Transit Administration. SourceAmount FY 2024 State Urban Grant$496,914 City Share$0 Total: $496,914 RECOMMENDATION Conduct a public hearing and approval of the resolution. ATTACHMENTS Funding Allocations – Draft. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to submit a grant application and execute a contract with the Texas Department of Transportation to receive Operating Assistance funds for the Zip bus system in the amount of $496,914.00. 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 25thday of July, 2023. - Mayor Roy West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ity Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Chris Boone, Assistant City Manager, Community Services MEETING DATE:July 25, 2023 REQUESTED ACTION: Council conduct a public hearing and consider amending Ordinance Number 03-048 to designate 3180 Park, a structure determined by Council to be unsafe and commercial on June 24, 2003, to now be designated as a residential structure and waive all demolition costs incurred by the City as well as interest charges or fees. BACKGROUND On June 24, 2003, the City Council held a public hearing and approved an ordinance determining that the property at 3180 Park was ordered demolished and was a “commercial” structure, thus requiring that a lien be attached to allow the City to recoup the cost of demolition and any accrued interest (see attached). At various times, in the almost two decades since demolition, the owner, Mr. Vernon Durden, has asked that the City waive all charges as the property was not commercial, but residential, as an individual lived at the structure just before the demolition declaration. In 2018, a similar request was made to the Director of Planning and Community Development. Investigation of the 2003 case found the following: • A public hearing on the matter was held June 24, 2003 and the minutes reflect that there was no objection to the demolition order or the “Commercial” designation • Ordinance No. 03-048 was approved by City Council • The structure was demolished and a lien was attached to the property • The structure was commercial in appearance and acknowledged to be a “plating shop”, a commercial use, and had a history of commercial uses at the location • The property was and is still zoned “Commercial” • During the investigation of the matter in 2018, the owner was asked if he could produce any records (rent receipts, leases, etc.) to demonstrate that the property was used residentially at the time and If evidence could be found, it might be possible to ask the Council to reconsider Ordinance No. 03-048 and possibly remove the charges; however, the owner was unable to locate any records. As of July 14, 2023, the amount owed is $9,029.00 for the cost of demolition and interest in the amount of $14,060.50 for a total amount owed of $23,089.50. Attached are the ordinance and agenda item from 2003. FUNDING SOURCE General Fund RECOMMENDATION No Recommendation. ATTACHMENTS Ordinance Number 03-048 June 24, 2003 Agenda Item TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:July 25, 2023 REQUESTED ACTION:Work Session to review and discuss the proposed Street Rehabilitation Citywide – Phase V project. BACKGROUND The Street Rehabilitation City Wide – Phase V Project consists of the rehabilitation of twenty- seven (27) roadways. These roadways will receive base repairs or a cement slurry application to achieve base stabilization followed by hot mix asphaltic concrete pavement overlays. FUNDING SOURCE Capital Program. RECOMMENDATION Not Applicable. ATTACHMENTS