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HomeMy WebLinkAboutMAR 19 2024 MIN BEAUMONT TEXAS MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert"A.J." Turner, Mayor Pro Tern ROY WEST, MAYOR Randy Feldschau, At-Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel,Ward III MARCH 19, 2024 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 March 19, 2024, 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—FY 2023 Annual Comprehensive Financial Report Presentation by Patillo, Brown and Hill, LLP * Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-7 and Item 11. (or any other topic). Items 8-10 have already been heard in a Public Hearing therefore, citizens can't speak on those items. Mayor West called the council meeting to order at 1:30 p.m. Cheryl Williams, State Chaplain for the American Legion gave the invocation. Student Council President, Kharleigh Manuel from Blanchette Elementary 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. Absent: Kenneth Williams, City Manager; Also present was Sharae Reed, City Attorney and Tina Broussard, City Clerk. Proclamations, Presentation and Recognition None * Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-7 and Item 11. (or any other topic). Items 8-10 have already been heard in a Public Hearing therefore, citizens can't speak on those items. (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) Eric Petry 3705 East Lucas Dr. Beaumont TX Charlie Crabbe 920 East Dr. Beaumont TX Minutes—March 19,2024 William Johnson 1045 Madison Ave. Beaumont TX 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 March 5, 2024, City Council meeting minutes. B. Council to consider a resolution authorizing the City Manager to execute Change Order No. 6 to the contract with ALLCO LLC, of Beaumont, for the Pine Street SWTP Polymer System and Chemical Storage Tank Improvements (REBID) Project — Resolution 24-066 C. Council to consider a resolution rejecting all proposals for Rigging Maintenance and Upgrade at the Julie Rogers Theatre — Resolution 24-067 D. Council to consider authorizing the City Manager to amend an agreement with GP Realty and Management, Inc. for economic development incentives under the Neighborhood Empowerment Zone Program for the development of a mixed-use building including retail and apartments at 670-72 and 690 Orleans Street — Resolution 24-068 E. Council to consider authorizing the City Manager to amend an agreement with GP Realty and Management, Inc. for economic development incentives under the Neighborhood Empowerment Zone Program for the development of an apartment complex at 704 Neches Street - Resolution 24-069 F. Council to consider a resolution approving the purchase of two (2) Pro Series Ambulance Stretchers — Resolution 24-070 G. Council to consider a resolution accepting maintenance of the street, storm sewer, water, and sanitary sewer improvements in Seven Stars Subdivision, Phase One— Resolution 24-071 H. Council to consider a resolution approving the replacement of the public safety server cluster from CDW-G of Vernon Hills, IL — Resolution 24-072 I. Council to consider a resolution authorizing the execution of a License to Encroach Agreement with Jesse and Stella Flores — Resolution 24-073 J. Council to consider a resolution approving a contract with Abercrombie, Simmons and Gillette (AS&G) of Houston for Workers Compensation Claims Administration — Resolution 24-074 Councilmember Feldschau moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Minutes—March 19,2024 REGULAR AGENDA 1. Council to consider a resolution authorizing the City Manager to award a contract to Lopez Utilities Contractor, LLC, of Houston, TX for the Wescalder Rd Pipe Bursting Project (Washington Blvd to Baker Rd). The Wescalder Rd Pipe Bursting Project (Washington Blvd to Baker Rd) will replace 3,250 LF of sanitary sewer line and replace ten (10) manholes that are deteriorating and in need of repair. On February 22, 2024, three (3) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate for the contract is $305,000.00. The bid totals are indicated in the table below: Contractor Location Total Bid Amount Lopez Utilities Contractor, LLC Houston, TX $319,087.50 King Solutions Services, LLC Houston, TX $ 343,010.00 Vortex Services, LLC Houston, TX $442,945.00 Based on a review of the bids, required documents received, and reference background checks, Water Utilities recommends awarding the project to the lowest bidder, Lopez Utilities Contractor, LLC, in the amount of$319,087.50. A total of 75 calendar days are allocated for substantial completion of the project. Funds will come from the American Rescue Plan. 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 LOPEZ UTILITIES CONTRACTOR, LLC, OF HOUSTON,TEXAS IN THE AMOUNT OF$319,087.50 TO COMPLETE THE WORK AND MATERIAL FOR THE WESCALDER RD PIPE BURSTING PROJECT (WASHINGTON BLVD. TO BAKER RD). Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-075 2. Council to consider a resolution approving the repair of a Caterpillar 826K Compactor for use on the landfill. Unit 5209 is a 2018 Caterpillar 826K Compactor that is used to compact the trash to allow for denser storage of the trash within a cell. The landfill has a single primary unit with a reserve unit for this purpose. This unit has 11,919 frame hours on it. The expectation is that the engine will last somewhere from 13,000— 15,000 hours before needing a rebuild,which is an industry standard. Minutes—March 19,2024 On February 23, 2024, the unit began to experience low oil pressure. Fleet personnel went through troubleshooting and verified that one side of the engine was experiencing low oil pressure indicating engine failure. Mustang CAT was contacted on the issue and found the same faults indicating engine failure. Fleet had planned for a Certified Caterpillar Rebuild for this unit in FY25 from maintenance tracking of the number of engine hours. The engine replacement would be completed by Mustang CAT of Houston in the amount of $125,556.00. Mustang CAT is the sole source vendor. The work includes a 3 year/5,000-hour warranty on the new engine. A new compactor, of this size and make, would cost an estimated $1,150,000. Funds will come from the Fleet Fund. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE ENGINE REPLACEMENT REPAIR ON UNIT 5209,A 2018 CATERPILLAR 826K COMPACTOR FOR USE IN THE LANDFILL IN THE AMOUNT OF$125,556.00,FROM MUSTANG CAT OF HOUSTON,TEXAS,THE REPAIR WILL ALSO INCLUDE A THREE(3)YEAR/5,000-HOUR WARRANTY. Councilmember Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-076 3. Council to consider a resolution authorizing the City Manager to execute related documents to purchase property located at 792 Catalpa Street. The City of Beaumont is seeking to purchase a parcel of land from the Florence Mary Prejean Dumas Franks Estate in the amount of $1,500 to improve sludge removal at the Beaumont Surface Water Treatment Plant located at 1550 Pine Street. The parcel is identified as being the east 20 feet of the west 40 feet of Lot 2, Block 7 off the North Addition located at 792 Catalpa Street. There are two (2) labor weed liens against the property: $65.00 filed February 26, 1985, against Florence Dumas Franks and $185.00 filed June 1, 1990, against Florence Dumas Franks with accrued penalties and interest in the total amount of the two (2) liens is $1,318.75. The property was appraised by Cooks & Associates with a value of $1,500. Minutes—March 19,2024 City staff's requesting the two (2) liens be waived in order to acquire the property from the owner. Property taxes are paid and current. The date of closing will be on or before March 22. Funds will come from the Water Fund. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE ALL RELATED DOCUMENTS TO PURCHASE PROPERTY LOCATED AT 792 CATALPA STREET FROM THE FLORENCE, MARY, PREJEAN, DUMAS AND FRANKS ESTATE IN THE AMOUNT OF $1,500.00 TO IMPROVE SLUDGE REMOVAL AT THE BEAUMONT SURFACE WATER TREATMENT PLANT LOCATED AT 1550 PINE STREET AND THAT CITY STAFF IS REQUESTING THE TWO (2) LABOR WEED LIENS IN THE AMOUNT OF $1,318.75 BE WAIVED IN ORDER TO ACQUIRE THE PROPERTY FROM THE OWNER. Councilmember Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-077 4. Council to consider a resolution approving a contract to Vortex Companies for the Multi Sensor Inspection of the West Lucas Drive storm sewer. This project consists of a multi sensor inspection of the West Lucas storm sewer line from Folsom Drive to the outfall south of Laurel Avenue for a distance of approximately 12,000 linear feet. The inspection will gather detailed storm sewer assessment data to determine the pipe's ovality, measure any wall loss, identify any pipe deformations and/or offset joints, and collect other data used to determine the overall condition of the storm sewer. This inspection is done by multi sensors collecting 2-D cross sections of the pipe wall and creating a high- resolution 3-D model from those cross sections. Public Works Engineering staff reviewed the results from previous surveys of the West Lucas storm line. These surveys included a video from a previous standard cleaning and televising project, a ground-penetrating radar survey of the Lucas storm sewer line, and recent visual inspections taken during the recent point repair project. The result of these reviews lead Engineering staff to recommend that a more detailed inspection be performed that will identify the precise locations for any necessary point repairs and to provide a clearer overall understanding of what rehabilitation methods can be used for this storm sewer line. The goal is to strategically plan how to best spend repair funds to maximize the service life of the storm sewer line while minimizing negative impacts to the surrounding community. Based on a review of the proposal from Vortex, the Public Works Engineering staff recommends awarding the contract to Vortex Companies, of Houston, in the amount of $296,850.00. Vortex has successfully performed similar sewer inspection work for the city and the proposal was obtained through the HGACBuy Cooperative. A total of thirty (30) calendar days are allocated for the completion of this project. Minutes—March 19,2024 Funds will come from certificates of obligation. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH VORTEX COMPANIES, OF HOUSTON, TEXAS IN THE AMOUNT OF$296,850.00 FOR THE MULTI SENSOR INSPECTIONS OF THE WEST LUCAS DRIVE STORM SEWER. Councilmember Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-078 5. Council to consider a resolution authorizing eminent domain proceeding to acquire an exclusive water line easement at 7705 Water Edge. In order to improve the water quality of the existing dead-end line on Water Edge, it is necessary for the City to acquire an exclusive water line easement from the property at 7705 Water Edge. The property owner did not accept an offer from the City to purchase the easement property at the appraised market value. The subject property was appraised by Cook & Associates, Inc., as described: Address: 7705 Water Edge Legal Description: 7.50 feet wide exclusive water line easement out of Lot 8A, Section V: Sienna The Crescent on Walden Phase I, situated in C. Williams League, Abstract No. 59 Owner: Waleed Bassa Value: $675.00 Staff have made several attempts to contact the owner with the purpose of negotiating the acquisition of the property, but the owner has rejected the offer. Since the owner has refused to sell the property to the City for the appraised market value, it is necessary to initiate proceedings in eminent domain to acquire the property. In order to authorize the exercise of eminent domain to acquire property, a specific motion and record vote is necessary. Funds will come from the Water Fund. Approval of the resolution. Minutes—March 19,2024 Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY ATTORNEY BE AND IS HEREBY AUTHORIZED AND DIRECTED TO FILE OR CAUSE TO BE FILED AGAINST ALL OWNERS OF THE FOLLOWING PARCEL OF LAND, AND ALL CLAIMANTS OF ANY INTEREST HEREIN, PROCEEDINGS OF EMINENT DOMAIN TO ACQUIRE FEE SIMPLE TITLE FOR SAID PURPOSES, IN AND TO THE SAID PARCEL OF LAND. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE RECORD VOTE: MAYOR WEST—YES COUNCILMEMBER FELDSCHAU -YES MAYOR PRO TEM TURNER—YES COUNCILMEMBER SAMUEL -YES COUNCILMEMBER DURIO—YES COUNCILMEMBER NEILD -YES COUNCILMEMBER GETZ-YES MOTION PASSED RESOLUTION 24-079 6. Council to consider an ordinance denying Texas Gas Service Company proposed rates. On or about February 9, 2024, Texas Gas Service Company ("TGS") filed a Gas Reliability Infrastructure Program ("GRIP") adjustment factor for cities located in their Central-Gulf service area. TGS is authorized to make annual GRIP rate change requests pursuant to Texas law passed in 2023, Gas Utility Regulatory Act, TEX. UTIL. CODE § 143.301 ("GRIP Statue"). The GRIP Statue authorizes gas utility companies to request annual rate increases associated with year-tot year changes in incremental investment. The changes in investment are not subject to reasonableness review in the GRIP filing. The GRIP Statue provides that the proposed GRIP rate surcharge will become effective sixty (60) days from the date of the filing or April 9, 2024, unless suspended by the City. Suspension will allow time to review the filing and ensure that the GRIP filing complies with the GRIP Statue. Approval of the ordinance. Councilmember Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT,TEXAS,SUSPENDING THE RATES PROPOSED BY TEXAS GAS SERVICE COMPANY'S("TGS" OR"COMPANY")GAS RELIABILITY INFRASTRUCTURE PROGRAM("GRIP")FILING MADE WITH THE CITY ON OR ABOUT FEBRUARY 9,2024; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING THE OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT,AND DECLARING AN EFFECTIVE DATE. Mayor Pro Tern Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Minutes—March 19,2024 ORDINANCE 24-011 7. Council to consider amending Chapter 24 of the Code of Ordinances of the City of Beaumont, to reflect updated construction codes and local amendments. In the ongoing effort to ensure that the public is increasingly safer and more secure in the buildings constructed in Beaumont, that families and businesses are assured of quality construction for their investments, to comply with federal and state mandates and comply with the requirements of the Insurance Services Office (ISO), the City, from time to time, considers the adoption of updated construction codes and local amendments. Proposed is the adoption of Chapter 24 in Beaumont's City Ordinance. This proposed adoption is based on a review of the codes to ensure that they are compatible with local needs. In addition, staff met with representatives of the Homebuilders of Southeast Texas, the Associated General Contractors of Southeast Texas, local engineers, architects and contractors throughout the last year in order to discuss significant changes and offer guidance on the implementation of the new codes. Approval of the ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES TO REFLECT UPDATED CONSTRUCTION CODES AND LOCAL AMENDMENTS. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 24-012 8. Council to consider a request for a Specific Use Permit to allow a duplex within the R-S (Residential Single-Family Dwelling) District for property located at 5445 Garner Road. Caitlin Button of DRC Construction, L.L.C. is requesting approval of a Specific Use Permit to allow a duplex at 5445 Garner Road. The existing structure is currently vacant and inhabitable. DRC Construction, L.L.C. intends to construct a duplex to rent the units. This will increase housing stock in Beaumont and offer a variety in housing types for tenants who do not wish to reside in an apartment. According to our City's Comprehensive Plan the property is located within the "Stable Area." Such areas are "built up areas which are generally characterized by good to excellent structural conditions and neighborhoods that are free from blighting influences such as incompatible land uses, dilapidated and delict buildings and deteriorated or poor public infrastructure. Vacant parcels which may exist are good to excellent development sites."This request appears to align with our City's Comprehensive Plan of Beaumont. This request received protest from the property owners comprising 28% of the surrounding land area. Section 28.02.008(d) of the City's Code of Ordinances states, "The city council shall not amend, supplement, change, modify or repeal any regulation, restriction or Minutes—March 19,2024 boundary or approve a specific use permit where a protest against such change (has been filed), signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200)feet therefrom, except by favorable vote of three-fourths (3/4) of all the members of the city council." At a Joint Public Hearing held on February 26, 2024, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a duplex within the R-S (Residential Single-Family Dwelling) District for property located at 5445 Garner Road Street, 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 backflow, pre- treatment and/or FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. 3. A 4' wide sidewalk shall be installed along Garner Road. 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 backflow, pre- treatment and/or FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. 3. A 4' wide sidewalk shall be installed along Garner Road. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A DUPLEX WITHIN A R-S (RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 5445 GARNER ROAD,WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE RECORD VOTE: MAYOR WEST—YES COUNCILMEMBER FELDSCHAU -YES MAYOR PRO TEM TURNER—YES COUNCILMEMBER SAMUEL-YES COUNCILMEMBER DURIO—YES COUNCILMEMBER NEILD -YES COUNCILMEMBER GETZ-YES MOTION PASSED ORDINANCE 24-013 Minutes—March 19,2024 9. Council to consider a request for a Specific Use Permit to allow a church within the R-S (Residential Single-Family Dwelling) District for property located at 2190 Milam Street. Charles Evans is requesting approval of a Specific Use Permit to allow a church at 2190 Milam Street. Proposed activities of the church include church services, bible study and Sunday school. Historically, this site was a church although records show water services being terminated in 2015. Due to the extended vacancy, it is no longer considered legal nonconforming use. Section 28.03.023 Permitted uses requires a church located in a residential zoning district to obtain a successful Specific Use Permit. It should be noted that this property currently has existing litter and weed violations. These cases will need to be resolved with the city prior to issuance of a Certificate of Occupancy. February 23, 2024, staff made an inspection and it was noticed that work was being completed without the benefit of an approved building permit. A stop work order was posted that same day. At a Joint Public Hearing held on February 26, 2024, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a church within the R-S (Residential Single-Family Dwelling) District for property located at 2190 Milam Street, with the following conditions: 1. Shall remedy all code violations associated with 2190 Milam Street prior to issuance of a Certificate of Occupancy. 2. A parking lot permit shall be obtained and illustrate the proposed parking lot layout to be in accordance with city standards including installation of wheel stops to delineate spaces. 3. Shall be in compliance with Section 28.04.006 Landscaping and screening requirements if the parking lot increases 25% or more in the number of parking spaces. 4. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program. 5. Construction plans must meet all applicable Fire and Building Code requirements, including obtaining all applicable building permits. Approval of the ordinance, with the following conditions: 1. Shall remedy all code violations associated with 2190 Milam Street prior to issuance of a Certificate of Occupancy. 2. A parking lot permit shall be obtained and illustrate the proposed parking lot layout to be in accordance with city standards including installation of wheel stops to delineate spaces. 3. Shall be in compliance with Section 28.04.006 Landscaping and screening requirements if the parking lot increases 25% or more in the number of parking spaces. Minutes—March 19,2024 4. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program. 5. Construction plans must meet all applicable Fire and Building Code requirements, including obtaining all applicable building permits. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A CHURCH WITHIN A R-S (RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2190 MILAM STREET,WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 24-014 10. Council to consider a request for amendments to the Zoning Ordinance concerning yard requirements for planned unit and cluster housing developments, Sections 28.04.004 and 28.04.008. The City of Beaumont administration requests approval to amend Sections 28.04.004 and 28.04.008 of the City of Beaumont Code of Ordinances to reduce the minimum required setback in PUD (Planned Unit Development) zoning districts and cluster housing developments. A setback is a required buffer from the closest edge of a permanent structure to the nearest property line. Our ordinances for PUD and cluster housing currently require a minimum front yard setback of twenty-five (25)feet from all public street rights-of-way and the boundary of the development. Section 28.03.023(b) District area and height regulations identify exterior side setbacks measuring at ten (10) feet in other zoning districts to be adequate distance to avoid sight obstructions. It is typical of PUD and cluster housing developments to house individuals who wish to have smaller yard space with larger homes, which are commonly referred to as patio homes. To meet emerging development trends and community needs, staff requests the setback requirement be reduced from twenty-five (25) feet to ten (10) feet. At a Joint Public Hearing held on February 26, 2024, the Planning Commission recommended 6:0 to approve the request for amendments to the Zoning Ordinance concerning yard requirements for planned unit and cluster housing developments, Sections 28.04.004 and 28.04.008. Approval of the ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28, ARTICLE 28.04, SECTIONS 28.04.004 AND 28.04.008 OF THE CITY OF BEAUMONT CODE OF ORDINANCES RELATING TO YARD REQUIREMENTS FOR PLANNED UNIT AND CLUSTER Minutes—March 19,2024 HOUSING DEVELOPMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING FORA PENALTY. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 24-015 WORK SESSION 1. Review and discuss proposed changes to Chapter 6 of the City Ordinances. 2. Review and discuss proposed changes to Chapter 10 of the City Ordinances. Councilmember Samuel left the meeting at 3:44 p.m. REGULAR AGENDA 11. Council to consider a request for amendments to the Tow Trucks, Tow Companies, and Tow Truck Operators Ordinance; Sections 6.08.003 and 6.08.005. Staff would like to amend Sections 6.08.003 and 6.08.005 of the City Code of Ordinances to provide for greater enforcement and stronger penalties. Approval of the ordinance. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING SECTIONS 6.08.003 AND 6.08.005 OF THE CODE OF ORDINANCES TO PROVIDE FOR GREATER ENFORCEMENT AND STRONGER PENALTIES. Mayor Pro Tem Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 24-016 Councilmember Samuel returned to the meeting at 3:47 p.m. COUNCILMEMBER COMMENTS (Councilmember and staff comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) Minutes—March 19,2024 With there bein/o Exe uti e S ssion, the meeting adjourned at 4:13 p.m. Roy s , Mayor .....•..__.`"i'�' ��.. S'g. P..= % 1 k- -Nate;601-1,6C e ) 'I Tina Broussard, City Clerk W ,I h'rA,II.^1NT,T!AA, r Minutes—March 19,2024