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Home My WebLink About03/23/2020 PACKETBEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 23, 2020 1:30 PM CONSENT AGENDA Approval of minutes — March 17, 2020 Confirmation of board and commission member appointments Dora Nisby would be appointed to the Community Development Advisory Committee. The term would commence March 23, 2020 and expire September 30, 2021. (Councilmember Randy Feldschau) A) Approve an Interlocal Agreement with the Jefferson County Sheriff's Office for use of computer aided dispatch and records management software B) Approve a resolution to reject all bids received for Basic Life/Basic Accidental Death & Dismemberment (AD&D), Voluntary Life and AD&D, Dependent Life and Long -Term Disability Insurance RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointment be made: Appointment Commission Beginning Expiration of Term of Term Dora Nisby Community Development 03/23/2020 09/30/2021 Advisory Committee 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 23rd day of March, 2020. - Mayor Becky Ames - BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: March 23, 2020 REQUESTED ACTION: Council consider a resolution approving an Interlocal Agreement with the Jefferson County Sheriff's Office for use of computer aided dispatch and records management software. BACKGROUND The City of Beaumont utilizes Central Square's Computer Aided Dispatch (CAD) and Records Management Software (RMS) for Police records management. The .City and the Jefferson County Sherriff's Office have had an interlocal agreement in place to use the City's CAD system since 2015. Currently, Jefferson County uses a much older system for their records. They are requesting to share the use of the City's RMS in exchange for contributing with the ongoing maintenance costs for the software and hardware. The current interlocal agreement has been updated to include RMS and will _allow Jefferson County to significantly reduce the cost of implementing new software as the server hardware, etc. is already in place at the City of Beaumont. The City of Beaumont will benefit by being able to share the yearly maintenance costs going forward. Jefferson County previously paid $4,673.31 per year for CAD. For CAD and RMS, Jefferson County would pay $7,599.33 for March 2020 through February 2021. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Interlocal Contract between the City of Beaumont and Jefferson County to provide the County access to Central Square's Computer Aided Dispatch (CAD) and Records Management Software (RMS) software programs. The Interlocal Contract is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of March, 2020. - Mayor Becky Ames - INTERLOCALCONTRACT BETWEEN City of Beaumont, TX AND Jefferson County Pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, this Interlocal Contract ("Contract") is entered into the 3 day of IiiCifOk) , 2020 by and between the City of Beaumont, TX and Jefferson County, a law enforcement agency with offices at 1001 Pearl Street. I. PURPOSE The City of Beaumont, TX agrees to provide Jefferson County access to Central Square Computer Aided Dispatch (CAD) software, Central Square Records Management (RMS) software, and Central Square Mobile Computer Terminal (MCT) software at its facilities in Beaumont, TX. II. TERM This Contract shall be on a yearly basis beginning {DATE) and ending on {DATE). Automatically renewing on the ending date unless expressed In writing by either party within 30 days of the end date. 111. COMPENSATION AND FUNDING Jefferson County understands and agrees to make yearly payment for general technology reimbursement costs under this Contract. Jefferson County will compensate the City of Beaumont for the percentage of system resources used. The City of Beaumont will provide Jefferson County a yearly cost invoice that reflects the current costs for each year. The yearly cost will be determined by calculating the current CAD, RMS, and Message Switch base server software and hardware maintenance cost divided by the number of licenses/clients using the software. Current year's breakdown is in Addendum A. Hardware costs for future upgrades will be broken out in the same manner. Expected costs will be communicated in advance so costs can be prepared for. No labor charges will be charged with the assumption that our staff time is minimal. IV. SCOPE OF SERVICES Jefferson County Responsibilities Jefferson County is solely responsible for: a) Jefferson County agrees that they will keep up all software agreements and contract maintenance with Central Square. b) Jefferson County agrees that it is their responsibility to train and provide first level support to their end users. c) Jefferson County understands that they will be audited separately by CIIS and must provide their own compliance. d) Jefferson County Is responsible for notifying the City of Beaumont in reference to any personnel or hardware changes. Page 1 of Q EXHIBIT "A" 10 it Jefferson County is responsible for monitoring, maintaining, and securing their half of the network connection that provides communication between the entities. Jefferson County will be responsible for paying the City of Beaumont for the eligible and reasonable costs. The City of Beaumont Responsibilities The City of Beaumont will be responsible for: a) City of Beaumont agrees to provide initial training in a "train the trainer" scenario for any needs over and above the training provided by Central Square. b) City of Beaumont agrees to maintain the servers and databases that house the software and information. c) City of Beaumont agrees to allow Jefferson County access to their own data. d) City of Beaumont agrees to perform any software and security enrollments including personnel, mobile, vehicle, and TLETS credential changes by Jefferson County within (3) business days of receiving the security change/enrollment form. e) City of Beaumont agrees to provide Jefferson County with minimum of 48 hours notification of scheduled downtime and will notify them immediately in the event of unscheduled downtime. f) City of Beaumont will provide an afterhours contact for situations that are deemed immediate and necessary. g) City of Beaumont will respond within (1) business day to acknowledge any standard software issues and will work with Jefferson County until completion. V. RELATIONSHIP It is understood and agreed that Jefferson County is an independent contractor. Nothing in this Contract shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City of Beaumont and any employee or agent of Jefferson County. The Contract does not create a joint venture or business partnership under Texas law. VI. TERMINATION Either party may terminate this Contract without cause with thirty (30) days advance written notice. The City of Beaumont may terminate this Contract AT ANY TIME WITH WRITTEN NOTICE if Jefferson County has defaulted in whole or in part or refuses or fails to comply with the provisions of this Contract. Jefferson County will have thirty (30) days from the notice to cease using the system. VII. AUTHORIZATION Each party acknowledges that this Contract has been authorized by the governing body of each party to the Contract. VIII. NOTICE Page 2 of 4 iz Any notice provided under the terms of this Contract by either party to the other shall be in writing and may be affected by certified mail, return receipt requested. Notice to shall be sufficient if made or addressed as follows: City of Beaumont, TX Attention: Director of Public Works and Technology Services P.O. Box 3827 Beaumont, TX 77704 Jefferson County Attention: Jefferson County Sheriffs Office 1001 Peat St Beaumont, TX Each party may change the address at which notice may be sent to that party by giving notice of such change to the other party by certified mail, return receipt requested. X. GOVERNING LAW This Contract shall be governed by and construed in accordance with the laws of the State of Texas. XI. VENUE The mandatory and exclusive venue for the adjudication or resolution of any dispute arising out of this Contract shall be in Beaumont, Jefferson County, Texas. XII. ENTIRE AGREEMENT This Contract represents the entire and exclusive agreement relative to the services covered by this agreement between the parties thereto and replaces in their entirety any previous agreements, written or oral. XIII. AMENDMENT This Contract may be amended only by the mutual agreement of the parties, in writing to be attached to and incorporated in this Contract. XIV. ASSIGNMENT Neither this Contract nor any duties or obligations under it shall be assignable by Jefferson County without the prior written acknowledgment and authorization of City of Beaumont. XV. SEVERABILITY All parties agree that, should any of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, Illegality, or unenforceability, shall not affect any other provisions, and the Contract shall continue in full force and effect. Page 3 of 4 13 XVI. BENEFIT FOR SIGNATORY PARTIES ONLY Neither this Contract, nor any term or provision hereof, nor any inclusion by reference, shall be construed as being for the benefit of any party not in signatory hereto. The parties have executed this instrument hereto as follows: Executed this � rd day of /% /7e-- 7 of the year 2020. City of Beaumont, TX Jefferson Authorized Signature Authorized Title Title Page 4 of 4 JCSO Interlocal Dispatch Agreement Cost Breakdown Base Software Maintenance Total Clients Cost Total Seat Software - Base CAD 15 $ 17,577.59 $ 1,171.84 Software - Base Message Switch 174 $ 3,782.16 $ 21.74 Software - OpsCAD - $ 1,120.00 Hardware - Server Maintenance 15 $ 5,988.00 $ 399.20 Hardware - Memory Upgrade - $ 4,522.00 Support- Labor Final Totals: $ 32,989.75 5 1.592.78 Addendum A JCSO Clients JCSO Total Cost Comments 3 $ 3,515.52 3 $ 65.21 - $ 560.00 50% City/50% County. 3 $ 1,197.60 - $ 2,261.00 50% City/50% County. One time cost. No additional cost at this time. BE AUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 23, 2020 REQUESTED ACTION: Council consider a resolution to reject all bids received for Basic Life/Basic Accidental Death & Dismemberment (AD&D), Voluntary Life and AD&D, Dependent Life and Long -Term Disability Insurance. BACKGROUND A Request for Proposal (RFP) was solicited and publically opened on February 27, 2020. Holmes Murphy is the City's benefits consultant and has assisted the City in the evaluations of the responses. Holmes Murphy and City staff determined that some of the responses did not meet specifications and the other responses were not considered to be competitive in price. It is the recommendation of the consultant and City staff that it would be in the City's best interest to reject all proposals, make modifications to our specifications and re -bid. Cigna is the City's current provider for these insurance policies and the contract is set to expire on December 31, 2020. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on February 27, 2020, Request for Proposals (RFP) were received for providing Life/AD&D and Voluntary Life/AD&D/Dependent Life insurance to the City of Beaumont employees; and, WHEREAS, the Administration evaluated the RFP's and found that some of the responses did not meet specifications and others were not considered to be competitive in price; and, WHEREAS, it is the recommendation of City of Beaumont Administration to reject the RFP's and to re -bid at a later date; and, WHEREAS, the City Council finds it is not in the best interest of the citizens of Beaumont to accept the RFP's to provide Life/AD&D and Voluntary Life/AD&D/Dependent Life insurance to the City of Beaumont employees and that said RFP's should be rejected; 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 does hereby reject the RFP's received for providing Life/AD&D and Voluntary Life/AD&D/Dependent Life insurance to the City of Beaumont employees. 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 23rd day of March, 2020. - Mayor Becky Ames - BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 23, 2020 1:30 PM ITte� �1`►i17:1 CALL TO ORDER * Invocation Pledge Roll Call Presentations and Recognitions — Audit Committee Presentation Public Comment: Persons may speak on scheduled agenda items 1, 2 and 5/ Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider an ordinance extending the public health emergency disaster declaration proclaimed on March 16, 2020 2. Consider an ordinance approving the settlement of the proposed rate increase of Centerpoint Energy Resources Corp. d/b/a Centerpoint Energy Eastex and Centerpoint Energy Texas Gas to increase rates in the Beaumont/East Texas Division 3. Consider a request for a Specific Use Permit to allow an exception to the minimum yard requirements for property in an LI (Light Industrial) District located at 40 N. 4th Street 4. Consider a request for a Specific Use Permit to allow a liquor store in a GC -MD -2 General Commercial - Multiple Family Dwelling — 2) District at 2916 E. Lucas f Drive 5. Consider an ordinance accepting the increased telecommunications right-of-way access line rates for 2020 COMMENTS * Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager/City Attorney comment on various matters EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: James Mathews vs. City of Beaumont, Texas; Cause No. A-192,887 LIVE STREAM Citizens can watch the City Council meeting live by going to beaumonttexas.gov Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. i March 23, 2020 Consider an ordinance extending the public health emergency disaster declaration proclaimed on March 16, 2020 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: March 23, 2020 REQUESTED ACTION: Council consider an ordinance extending the public health emergency disaster declaration proclaimed on March 16, 2020. BACKGROUND The Texas Disaster Act of 1975, Local Government Code Chapter 418 designates the Mayor as the Emergency Management Director of the City of Beaumont. As such, the Mayor on March 16, 2020 declared for the City of Beaumont and its incorporated areas pursuant to §418.108(a) of the Act, a local state of disaster and public health emergency necessitated by the imminent threat posed by the spread of COVID-19. The declaration shall continue for a period of not more than seven (7) days unless continued or renewed by the City Council. This threat has not subsided. It is the desire of the Mayor that the declaration be extended until further notice. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY OF BEAUMONT EXTENDING THE PUBLIC HEALTH EMERGENCY DISASTER DECLARATION; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. WHEREAS, in December 2019, a novel respiratory disease named "SARS-CoV- 2" that causes a disease named "coronavirus disease 2019" ("COVID-19") was detected in Wuhan City, Hubei Province, China; and, WHEREAS, symptoms of COVID-19 include fever, cough, and shortness of breath that may result in mild to severe illness, and in some cases death; and, WHEREAS, on January 30, 2020, the World Health Organization Director General declared the outbreak of COVID-19 as a Public Health Emergency of International Concern and advised countries to prepare for the containment, including active surveillance, early detection, isolation and case management, contact tracing, and prevention of onward spread of the disease; and, WHEREAS, on January 31, 2020, the U.S. Health and Human Services Secretary declared a public health emergency for the United States to aid the nation's healthcare community in responding to COVID-19; and, WHEREAS, the identification of "community spread" .cases of COVID-19 in the United States could potentially signal that transmission of the virus may no longer be limited to travel to outbreak areas or contact with travelers who have visited outbreak areas; and, WHEREAS, according to the Center for Disease Control ("CDC"), it is likely that at some point, widespread transmission of COVID-19 in the United States will occur; and, WHEREAS, the CDC warns that widespread transmission of COVID-19 would translate into large numbers of people needing medical care at the same time; and, WHEREAS, the CDC is now recommending no gathering with 10 people or more be held in the United States for the next eight (8) weeks; and, WHEREAS, the CDC also warns that schools, childcare centers, workplaces, and other places for mass gatherings may experience more absenteeism; public health and healthcare systems may become overloaded with elevated rates of hospitalizations and deaths; other critical infrastructure, such as law enforcement, emergency medical services, and transportation industry may also be affected; and health care providers and hospitals may be overwhelmed; and, WHEREAS, given, among other things, including the CDCs guidance, there is an ongoing risk of COVID-19-positive patients being identified in the City of Beaumont; and, WHEREAS, the City, local health agencies, and political subdivisions within the region have been working diligently to implement CDC guidelines, but now require additional tools and resources to protect the public health given the current state of the pandemic and the need for a sustained response; and, WHEREAS, it is necessary to the public health of the residents of the City of Beaumont and surrounding areas that those persons under investigation, persons under management, and quarantined persons remain within the confines of their homes or in safe, secure facilities during the quarantine period following their exposure to the virus; and, WHEREAS, on the 16th day of March, 2020, the Mayor issued a proclamation declaring a state of disaster for the City of Beaumont, Texas resulting from the imminent threat to the public health and the potential loss of life from the spread of COVID-19 in the City of Beaumont. The declaration was amended March 19, 2020; and, WHEREAS; the conditions necessitating declaration of a state of disaster continue to exist; and, WHEREAS, §418.108(b) of the Texas Government Code provides that a local state of disaster may not be continued for a period in excess of seven (7) days without the consent of the governing body of the political subdivision; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. Pursuant to §122.006 of the Texas Health and Safety Code, the City is authorized to take any actions necessary to promote health and suppress disease, including quarantine, examining and regulating hospitals. The City of Beaumont hereby declares that those persons under investigation, persons under management, and quarantined persons remain within the confines of their homes or in safe, secure facilities during the quarantine period following their exposure to the virus. Section 2. That the state of public health disaster proclaimed for the City of Beaumont by the Mayor on the 16th day of March 2020, as amended, shall continue until terminated by ordinance of the City Council. Section 3. In the event any clause, phrase, provision, sentence, or part of this ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Beaumont, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. Section 4. Any person who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000.00. Each day of violation shall constitute a separate offense. Section 5. This ordinance is passed as an emergency measure and pursuant to local authority for emergency measures and shall become effective immediately upon its approval. 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 23rd day of March, 2020. - Mayor Becky Ames - ATTEST: City Clerk CITY OF BEAUMONT DECLARATION OF LOCAL DISASTER DUE TO PUBLIC HEALTH EMERGENCY WHEREAS, in December 2019, a novel respiratory disease; named "SARS-CoV- 2" that the causes a disease named "coronavirus disease 2019" ("COVID-19") was detected in Wuhan City, Hubei Province, China; and WHEREAS, symptoms of COVID-19 include fever, cough, and shortness of breath that may result in mild to severe illness, and in some cases death; and WHEREAS, on January 30, 2020, the World Health Organization Director General declared the outbreak of COVID-19 as a Public Health Emergency of International Concern and advised countries to prepare for the containment, including active surveillance, early detection, isolation and case management, contact tracing, and prevention of onward spread of the disease; and WHEREAS, on January 31, 2020, the U.S. Health and Human Services Secretary declared a public health emergency for the United States to aid the nation's healthcare community in responding to COVID-19; and WHEREAS, the identification of "community spread" cases of COVID-19 in the United States could potentially signal that transmission of the virus may no longer be limited to travel to outbreak areas or contact with travelers who have visited outbreak areas; and WHEREAS, according to the Center for Disease Control ("CDC"), it is likely that at some point, widespread transmission of COVID-19 in the United States will occur; and WHEREAS, the CDC warns that widespread transmission of COVID-19 would translate into large numbers of people needing medical care at the same time; and WHEREAS, the CDC is recommending no gathering with 50 people or more be- held in the United States for the next eight (8) weeks; and WHEREAS, the CDC also warns that schools, childcare centers, workplaces, and other places for mass gatherings may experience more absenteeism; public health and healthcare systems may become overloaded with elevated rates of hospitalizations and deaths; other critical infrastructure, such as law enforcement, emergency medical services, and transportation industry may also be affected; and health care providers and hospitals may be overwhelmed; and WHEREAS, the Governor of the State of Texas on March 13, 2020 declared a state of disaster for all counties of Texas; and WHEREAS, the Jefferson County Judge on March 13, 2020 issued emergency orders, as amended, regarding the occupancy of premises throughout Jefferson County; and WHEREAS, given, among other things, including the CDCs guidance, there is an ongoing risk and likelihood of COVID-19-positive patients being identified in the City of Beaumont; and WHEREAS, the City, local health agencies, and political subdivisions within the region have been working diligently to implement CDC guidelines, but now require additional tools and resources toprotect the public health given the current state of the epidemic and the need for a sustained response; and WHEREAS, pursuant to the Texas Disaster Act of 1975, as amended, Texas Government Code, Chapter 418, (the "Texas Disaster Act"), the Mayor is designated as the Emergency Management Director of the City of Beaumont, and may exercise the powers granted to the Governor on an appropriate local scale; and WHEREAS, a declaration of local disaster due to this public health emergency includes the ability to reduce the possibility of exposure to disease, control the risk, promote health, compel persons to undergo additional health measures that prevent or control the spread of disease, including isolation, surveillance, quarantine, or placement of persons under public health observation, including the provision of temporary housing or emergency shelters for persons misplaced or evacuated and request assistance from the Governor of state resources; and WHEREAS, by this Declaration, I declare all rules and regulations- that may inhibit or prevent prompt response to this threat suspended for the duration of the incident; and WHEREAS, pursuant to the authority granted to the Mayor under the Texas Disaster Act, I authorize the use of all available resources of state government and political subdivisions to assist in the City's response to this situation; and WHEREAS, the City of Beaumont, and the people and communities of the City have suffered or face imminent threat to the public health and the potential for loss of life and property resulting from a disaster: the introduction, transmission, or spread (or imminent threat of the same) of COVID-19 in the City of Beaumont; and WHEREAS, I, the Mayor of the City of Beaumont have determined that emergency measures must be taken to either prepare for or respond to a disaster due to this public health emergency in order to respond quickly, to prevent and alleviate the suffering of people exposed to and those infected with the virus, as well as those that could potentially be infected or impacted by COVID-19, and to prevent or minimize the loss of life; NOW, THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF BEAUMONT, TEXAS: Section 1. Declaration of Local State of Disaster. That a local state of disaster and public health emergency is hereby declared for the City of Beaumont and incorporated areas pursuant to §418.108(a) of the Texas Disaster Act. Section 2. Duration of Local State of Disaster. Pursuant to §418.108(b) of the Texas Disaster Act, the state of disaster and public health emergency shall continue for a period of not more than seven (7) days from the date of this declaration unless continued or renewed by the City Council. A city council meeting will be held Monday, March 23, 2020 to consider extending the declaration. Section 3. Publicity and Filing. Pursuant to §418.108(c) of the Texas Disaster Act, this declaration of a local state of disaster due to this public health emergency shall be given prompt and general publicity and shall be filed promptly with the City Beaumont clerk. Section 4. Activation of the City Emergency Management Plan. Pursuant to §418.108(d) of the Texas Disaster Act, this declaration of a local state of disaster due to this public health emergency activates the City of Beaumont Emergency Management Plan. Section 5. Temporary Housing and Emergency Shelter. Pursuant to §418.020(d) of the Texas Disaster Act, this declaration authorizes the City to: (1) temporarily or permanently acquire by lease, purchase, or other means sites required for temporary housing units or emergency shelters for disaster victims; and (2) enter into arrangements necessary to prepare or equip the sites for installation and ' use of temporary housing units or emergency shelters, including arrangements necessary for the transportation and purchase of temporary housing units or emergency shelters. Section 6. Pursuant to §122.006 of the Texas Health and Safety Code, the City is authorized to take any actions necessary to promote health and suppress disease, including quarantine, examining and regulating hospitals. The City of Beaumont hereby declares that those persons under investigation, persons under management, and quarantined persons remain within the confines of their homes or in safe, secure facilities during the quarantine period following their exposure to the virus. Section 7. City Facilities. In keeping with the directives of the CDC, effective March 17, 2020, the following city facilities will be closed: Civic Center, Event Centre, Julie Rogers Theatre, Jefferson Theatre, Lakeside Center, Sterling Pruitt Center, Community Centers, Athletic Complex, Tennis Center, and Municipal Court. The City Council will consider the closure at the council meeting held Monday, March 23, 2020 in City Council Chambers at 1:30 P.M. The following city facilities will remain open to the public for normal operations. No special events will be scheduled: City Hall, City Libraries, Henry Homberg Golf Course, Municipal Transit, and City parks. Section 8. Community Gatherings. It is recommended that any individual or organization with a planned or scheduled gathering with fifty (50) or more people is urged to cancel or postpone such events to assist in the effort to contain the covid-19 pandemic. This provision is not intended to interfere with the conducting of public or private education. Section 9. This declaration shall take effect at midnight on the date of signing. ORDERED this day of March, 2020. �% ATTEST: ®� ' `OQt 14a'.&MAMMk21U 8204 W" City ClerkAW .W CITY OF BEAUMONT AMENDED DECLARATION OF LOCAL DISASTER DUE TO PUBLIC HEALTH EMERGENCY WHEREAS, on March 16, 2020, pursuant to Texas Government Code, Section 418.108(b), the Mayor, as Emergency Management Director, declared for the City of Beaumont a local disaster due to public health emergency caused by the threat of the transmission and spread of COVID-19 in the City of Beaumont; and; WHEREAS, due to the ongoing threat of the spread of the COVID-19 virus and the need to update measures to reduce the potential of exposure and transmission of the disease, it is necessary to amend the Declaration of Local Disaster; NOW, THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF BEAUMONT, TEXAS: THAT the March 16, 2020 Declaration of Local Disaster be amended as follows: Section 1. Community Gatherings. Pursuant to CDC social distancing guidelines, it is recommended that any individual or organization with a planned or scheduled gathering with ten (10) or more people is urged to cancel or postpone such events and to refrain from otherwise gathering in numbers greater than ten (10) to assist in tha effort to contain the COVID-19. This provision is not intended to interfere with the conducting of public or private school education. Section 2. Bars and Nightclubs. Bars, Nightclubs, Lounges, Arcades, and Game Rooms are to close and remain closed until further notice. All food service establishments are to discontinue all dine -in services. Food service establishments will be allowed to provide take-out, drive-thru, and delivery services. However, customers, may be allowed to go inside the establishment to place a carry -out order. The delivery of alcoholic beverages will be permitted as allowed by law. Section 3. Grocery Stores. Grocery stores, convenience stores, and pharmacies are. encouraged to remain open,, however, citizens are urged to use the delivery or curb- side services of said stores where available or third party delivery services. Section 4. Nursing Homes. Nursing homes and senior living facilities shall limit visitation of the public within their facilities. Section 5. This amendment shall take effect immediately upon signing. OR this _L!f�day of March, 2020. 2 March 23, 2020 Consider an ordinance approving the settlement of the proposed rate increase of Centerpoint Energy Resources Corp. d/b/a Centerpoint Energy Eastex and Centerpoint Energy Texas Gas to increase rates in the Beaumont/East Texas Division BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: March 23, 2020 REQUESTED ACTION: Council consider an ordinance approving the settlement of the proposed rate increase of Centerpoint Energy Resources Corp. d/b/a Centerpoint Energy Eastex and Centerpoint Energy Texas Gas to increase rates in the Beaumont/East Texas Division. BACKGROUND On November 14, 2019, Centerpoint Energy filed its intent to increase rates within the Beaumont/East Texas Division. The City Council suspended the request until February 12, 2020 to allow for a review and recommendation of its attorneys and consultants. After review and analysis it was recommended that the request be denied at the Cities jurisdictional level. It was anticipated that the denials would be appealed to the Railroad Commission and joined in the existing Commission proceedings. The parties in the Railroad Commission proceeding have reached a potential settlement. This settlement would reduce the original request of the approximately $6.816 million to a $4 million annual rate increase. It is agreed that this increase would be spread to all customer classes reflecting a more balanced rate design for all customer groups. It is also agreed that the rate is not to be implemented until October 2020. This settlement is being recommended by the Cities rate attorneys and consultants for approval. FUNDING SOURCE Rate case expenses in this case are to collected through a surcharge over a thirty-six (36) month period. RECOMMENDATION Approval of resolution. ORDINANCE NO. AN ORDINANCE BY THE CITY OF BEAUMONT, TEXAS ("CITY") APPROVING THE SETTLEMENT OF THE PROPOSED RATE INCREASE OF CENTERPOINT ENERGY RESOURCES CORP., D/B/A CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS TO INCREASE RATES IN THE BEAUMONT/EAST TEXAS DIVISION; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on or about November 14, 2019, CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas ("CenterPoint" or "Company") filed a Statement of Intent with the City of Beaumont ("City") to increase gas rates in the Beaumont/East Texas Division Service Area by $6.816 million per year; and, WHEREAS, the City of Beaumont denied the Company's rate request on February 25, 2020, and the Company appealed the City's rate denial ordinance to the Railroad Commission; and, WHEREAS, CenterPoint, Railroad Commission Staff, and City groups representing similarly -situated cities in CenterPoint's service area participated in proceedings before the Railroad Commission of Texas and in a number of settlement discussions to resolve the rate case'issues without litigation; and, WHEREAS, CenterPoint has agreed to settle the rate request at a rate increase level of $4 million per year for the Beaumont and East Texas Service Area, setting the residential customer charge at $18.00 per month, adjusting the proposed cost allocation to minimize the residential class impact while no other customer class is moved further from cost based revenue assignment, and providing for reasonable rate case expenses to be recovered from all customers through a 36 month surcharge; and, WHEREAS, the Railroad Commission Staff, the Lawton Law Firm, and counsel for the other city groups participating in these proceedings have recommended approval of the Settlement terms as a reasonable alternative to resolve the rate case issues without litigation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the statement and findings set out in the preamble to this Ordinance are hereby in all things approved and adopted. Section 2. The City of Beaumont hereby approves rates and tariffs consistent with the CenterPoint proposed Settlement. Section 3. 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. Section 4. This ordinance shall become effective from and after its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of March, 2020. - Mayor Becky Ames — ATTEST: 3 March 23, 2020 Consider a request for a Specific Use Permit to allow an exception to the minimum yard requirements for property in an LI (Light Industrial) District located at 40 N. 4h Street B . EAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager C) PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: March 23, 2020 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow an exception to the minimum yard requirements for property in an LI (Light Industrial) District located at 40 N. 4th Street. BACKGROUND Randy French has requested a Specific Use Permit for the property located at 40 N. 4th Street. Number 12 of the area and height exceptions listed in Section 28.03.024(c) of the Zoning Ordinance states, "Existing industrial uses in industrial zoning districts may, in addition to or instead of any other remedies in this chapter, apply for a specific use permit in order to be exempt from the minimum yard requirements for the expansion, enlargement or separate addition of buildings or structures on adjacent land in the same zoning district acquired by purchase or lease after the adoption of this chapter. " Coastal Welding Supply, Inc. would like to construct a storage awning along Angelina Street that would not meet the minimum required setback for property in an HI (Heavy Industrial) District. If there were no exception, a twenty-five (25) foot setback would be required. At its nearest point, the new storage awning would-be at least five (5) feet from the Angelina Street right-of-way. At a Joint Public Hearing held on March 16, 2020, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow an exception to the minimum yard requirements for property in an LI (Light Industrial) District. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. SPECIFIC USE PEPM IC APPLICATION CATI ON BEAUMONT, TEXAS (Chapter 30, City. Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: RANDY FRENCH APPLICANT'S ADDRESS: P 0 BOX 95 NOMETX 77629 APPLICANT'S PHONE 4: 409-781-9527 FAX #: 409-253-2160 NAME OF OWNER: COASTAL WELDING SUPPLY, INC. ADDRESS OF OWNER: P. 0. BOX 3029, BEAUMONT, TX 77704 LOCATION OF PROPERTY:' 40 N. 4TH STREET, BEAUMONT, TX LEGAL DESCRIPTION OF PROPERTY: LOTNO. LOTS #5-11 OR BLOCK NO. 23 .ADDITION PARKDALE ADDITION TRACT PLAT SURVEY NUMBER OF ACRES 1.455 ACRES NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, .and a complete legal field note description. PROPOSED USE: STORAGE AWNINGS ZONE:HEAVY INDUSTRIAL ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN! drawn to scale -with the -information listed'on the top back sideofthis sheet. ATTACH A REDUCED 8 %11 X 11" PHOTOCOPY OF THE SITE PLANT. THE EIGHT CONDITIONTS listed on the back side of this sheet must be met before City Council can grant.*a. specific use _permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATIONT FEE: LESS THAN %Z ACRE. .. .....................$250.00 Y. ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE....................................................................$650.00 I, being the undersigned applicant, understand that all qfthe conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall bc,dherpVq as ftonded and approved by City Council. SIGNATURE OF APPLICANT: SIGNATURE OF PLEASE TYPE OR PRINT FILE NUMBER:2LW_P TE; 2/20/20 NOT APPLICANT) DATE: TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 DATE RECEIVED: LdZUs L-4 Phone - (409) 880-3764. Fax - (409) 880-3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. INCLUDE THE FOLLOWING INFORMATION ON.A SI'Z'E PLAN. THE PLAN MUST BE DRAWN TO SCALE. o Boundaries of the area covered by the site plan; o The location of each existing, and proposed building and structure in the area covered by the site plan and the number of stories, height, roof line, gross floor area and location of building entrances and exits; o The.locationof existing and proposed drainage ways and significant natural .features; o Proposed required landscaping and screening buffers (Section 30-31); o The location'and dimensions of all curb cuts, public and private streets, required parking and loading areas, pedestrian walks, lighting facilities, and outside trash storage facilities (Section 30-27 and 'Section 30-31); o The location, height and type of each existing or required wall, fence, and all other types of screening (Section 30-31); o The location, height and size. of all proposed signs (Section 30-28). SECTION 30-26.E THE ZONING ORDINANCE REQUIRES THAT THESE EIGHT[` CONDITIONS MUST BE MET .BEFORE. A SPECIFIC USE PERMIT CAN BE ISSUED: o That the specific use. will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the. immediate vicinity; o That the establishment of the. specific use will not impede the .normal andorderly development and improvement of surrounding vacant property; o That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will- be provided; o The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestriantraffic without adversely affectingthe general public or adjacent development; o That adequate nuisance prevention measures have been or will be taken to prevent -or control offensive odor, fumes, dust, noise and vibration; o That.directional lighting will be.provided so as notto disturb or adversely affect neighboririgproperties; o Thatthere are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and 0. That the proposed use is in.accordance with the Comprehensive Plan. February 20, 2020 City of Beaumont Planning Division 801 Main Street, Room 201 Beaumont, TX 77701 To Whom It May Concern: Re: 40 N. 4t" Street, Beaumont, Texas Dear Sir/Madam: am writing regarding proposed storage sheds at the above location. Proposed sheds will not affect use or enjoyment of other surrounding property. Owner possesses property on west, north, and south of railroad next to the site of the proposed property. There is a _landscape laydown yard to the east that will not be affected. Property values would not be diminished or impaired in the immediate vicinity. 2. This improvement would not change the normal or orderly development and improvement of surrounding vacant property. 3. The adequate utilities, access roads, draining, and supporting facilities are existing on property and shall remain as is. N. Driveways and parking will remain as is and will, or has not affected general public or adjacent development. There will be minimal activity on this property as it has been in the past and would not create any change in nuisance measures. There will be no additional lighting added. Entergy is currently providing security lighting and it shall remain. It will not and has not adversely affected neighboring properties. 7. As I understand it, landscaping is not required for this existing property. Proposed use will be covers for existing racks and cylinders in the yard including new empty cylinders for storage until put into use. Building C will provide open shed for propane bottle storage. SERVING THE. PETROCHEMICAL INDUSTRY OF THE GULF COAST City of Beaumont February 20, 2020 Page 2 I trust this letter will suffice for your requirements. Should you have questions or additional requirements, please contact me. Sincerely, COASTAL WELDING SUPPLY, INC. Chuck Mazoch President JCM/rlw ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN EXCEPTION TO THE MINIMUM YARD REQUIREMENTS FOR PROPERTY IN AN LI (LIGHT INDUSTRIAL) DISTRICT AT 40 N. 4TH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Coastal Welding Supply, Inc. has applied for a specific use permit to allow an exception to the minimum yard requirements for property in an LI (Light Industrial) District at 40 N. 4th Street, being Lots 5-11 and adjacent 10' alley, Block 23, Parkdale Addition and Tract A of Angelina Street, Beaumont, Jefferson County, Texas, containing 1.455 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow, an exception to the minimum yard requirements for property in an LI (Light Industrial) District at 40 N. 4th Street; and, r WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow an exception to the minimum yard requirements is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow an exception to the minimum yard requirements for property in an LI (Light Industrial) District at 40 N. 4th Street, being Lots 5-11 and adjacent 20' alley, Block 23, Parkdale Addition & Tract A of Angelina Street, Beaumont, Jefferson County, Texas, containing 1.455 acres, more or less, as shown on Exhibit "A," attached hereto is hereby granted to Coastal Welding Supply, Inc., its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes Section 2. r - That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. 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 23rd day of March, 2020. - Mayor Becky Ames - MI -P: Request for a Specific Use Permit to allow an exception to the minimum yard requirements for property in an Ll (Light Industrial) District, Applicant: Randy French Location: 40N4th Street 0 100 200 1 1 1 1 Feet L U� EXHIBIT "A" a. LL MO az w0 x� yo wx U EL Z wW J z�0 LU LL Fx 0-5 ax. O 0 zE W IL n0. 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JONES, A.I.A. 40 N. 4TH STREET BEAU MONT,TX,---- SHEET NUMBER C100 20070 PROJECT NUMBER C! March 23, 2020 Consider a request for a Specific Use Permit to allow a liquor store in a GC -MD -2 General Commercial - Multiple Family Dwelling — 2) District at 2916 E. Lucas Drive BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager c0 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: March 23, 2020 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a liquor store in a GC -MD -2 (General Commercial - Multiple Family Dwelling — 2) District at 2916 E. Lucas Drive. BACKGROUND Annette Byerly has requested a Specific Use Permit to allow a liquor store at 2916 E. Lucas Drive. In 2004, the property owner submitted an application to rezone the north part of this property to GC -MD -2 (General Commercial - Multiple Family Dwelling -2) with a Specific Use Permit to allow a strip mall with retail stores and restaurants. For this reason, a Specific Use Permit is required for any use other than a simple retail store or restaurant. Consequently, all landscaping, parking and .utilities are in compliance and will not require any alteration. At a Joint Public Hearing held on March 16, 2020, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow a liquor store in a GC -MD -2 (General Commercial - Multiple Family Dwelling — 2) District. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 30, City Codes) TO: THE PLANNING COMMISSION i A``ND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: �{ 111 �e-4A APPLICANT'S ADDRESS: APPLICANT'S PHONE #: '4 0') ko 3 FAX #: NAME OF OWNER:1GLC ADDRESS OF OWNER: LOCATION OF PROPERTY: �� v I.�1 C1� 5 }e i 7 0' LEGAL DESCRIPTION OF PROPERTY: LOT N0. OF CDCS 1 ?1 OR TRA BLOCK N0. Z ADDITION G"5 AP -- PLAT NUMBER OF ACRES NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. l:�c��a� �r� PROPOSED USE: ZONE: MjAj'I417AiC*Iii k t �- describing all processes and activities involved with the proposed uses. fI* ACH A S ■ • �L►r`ANldrawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 Y2" X 11" PHOTOCOPY OF THE SITE PLAN. T4HEIGHT . II_ ■ listed on the back side of this sheet must be met before City Council can grant a specific use pen -nit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN Y2 ACRE.................................................................$250.00 V. ACRE OR MORE AND LESS THAN 5 ACRES .................. 15 5 ACRES OR MORE.................................................................. $ 0.00 I, being the undersigned applicant, understand that all ofthe conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and approved by City Council. PLEASE TYPE OR PRINT AND FILE NUMBER: 24 0Q - NOT APPLICANT) CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 '�)-/5-� DATE RECEIVED: Y -A'b- 4040 Phone - (409) 880-3764 Fax - (409) 880-3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. INCLUDE THE FOLLOWING INFORMATION ON.A SITZ; PLAN: THE PLAN MUST BE DRAWN TO SCALE. p Boundaries of the area covered by the site plan; o The location of each existing and proposed building and structure in.the area covered by the site plan and the number of stories, height, roof line, gross floor area and location of building entrances and -exits; o The location of existing and proposed drainage ways and significant natural features; o Proposed required landscaping and screening buffers (Section 30-31); o The location and dimensions of all curb cuts, public and private streets, required parking and loading areas, pedestrian walks, lighting facilities, and outside trash storage facilities ' (Section 30-27 and Section 30-31); o The location, height and type of each existing or required wall, fence, and all other types of screening , (Section 30-31); o The location, height and size of all proposed signs (Section 30-28). SECTION 30-26.E THE ZONING ORDINANCE REQUIRES THAT THESF,�i_ t_PTDTZTON MUST BE MET BEFORE A SPECIFIC USE PERMIT CAN BE ISSUED: o That the specific use will be compatible with and not injurious to the use and enjoyment of.other property, nor significantly diminish or impair property values within the immediate vicinity; o That the establishment of the specific use will not impede the normal and orderly development.and A: improvement of surrounding vacant property; o That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; ' o The design, location and arrangement of all driveways and parking spaces provides for. the safe and convenient movement of vehicular andpedestriantraffic without adversely affectingthe general public or adjacent development; o That adequate nuisance preventionmeasures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; o That directional lighting will be provided so as not to disturb or adversely affectneighboring properties; o That there are sufficient landscaping and screening to insure hannony and compatibility with adjacent property; and 0 That the proposed use is in accordance with the Comprehensive Plan. February, 11th 2020 City of Beaumont Planning Division 801 Main St, Room 201 Beaumont, TX 77701 To -Whom it may Concern: I am applying for a Specific Use Permit in order to open a Liquor Store at 2916 E Lucas, Beaumont Tx. The store will sell Beer, Wine, Liquor, Cigars, Cigarettes, Soda, Juice and snacks. I will run the store according to City and State laws. The store hours will be'Monday-Saturday from 10am to 9pm. I will employ three people for now. I currently have a one year lease on the property. I plpn to extend and the end of my lease providing the business is lucrative. I request the approval of my application and I hope this endeavor will help me as well as the city to grow. Respectfully, a Annette Byerly Conditions Section 30-26.E The Zoning Ordiance #1. The -specific use of the property will be as a store selling Liquor. There is a Seafood Restaurant, a Donut Shop, a Laundry Mat, a Fashion Store, a Nail Salon and a. Professional Hair Care store at this location. My business will.not interfere or impair the property value of the other establishments. #2. The specific use of the existing property which I will lease, will not impede the normal or orderly development of surrounding vacant property. The building is pre-existing and I have no plans to add .on to the property. #3. I will provide adequate utilities in order to sustain the business. Access roads and drainage is part of the existing property. #4. The property is part of a Strip'Mall. There is adequate parking for vehicular and pedestrian traffic throughout the area. My store traffic should not effect the exiting businesses or.adjacent property. #5. There will be no odors, fumes, excessive dust, noise or vibration associated with the business. #6. Directional lighting is present and the only additional lighting I will have to. add is the sign above my store front which will advertise the name of the business. There is an existing sigh which I will replace. #7. I will not add any additional landscaping. The property has been landscaped and maintained by the property owner. #8. The proposed use is in accordance with the Comprehensive Plan, strictly a Liquor Store, which I will buy and sell in the store only in accordance to State and Local Guidelines. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO A LIQUOR STORE IN A GC -MD -2 (GENERAL COMMERCIAL MULTIPLE FAMILY DWELLING -2) DISTRICT AT 2916 E. LUCAS DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Annette Byerly has applied for a specific use permit to allow a liquor store in a GC -MD -2 (General Commercial Multiple Family Dwelling -2) District at 2916 E. Lucas Drive, being the south 342.42' of Lots 1 & 2, Tract 1, Lot 1, Block 2, Lucas Acres, Beaumont, Jefferson County, Texas, containing 1.64 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a liquor store in a GC -MD -2 (General Commercial Multiple Family Dwelling -2) District at 2916 E. Lucas Drive; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a liquor store is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a liquor store in a GC -MD -2 (General Commercial Multiple Family Dwelling -2) District at 2916 E. Lucas Drive, being the south 342.42' of Lots 1 & 2, Tract 1, Lot 1, Block 2, Lucas Acres, Beaumont, Jefferson County, Texas, containing 1.64 acres, more or less, as shown on Exhibit "A," attached hereto is hereby granted to Annette Byerly, her legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. 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 23rd day of March, 2020. - Mayor Becky Ames - 410-P:. Request for a Specific Use Permit to allow a liquor store in a GfC-1�0-2 (General Commercial - Multiple Family Dwelling — 2) District. pplicant: Annette Dyerly Location: 2916 E Lucas Drive, Suite A 0 100 200 1 1 1 I Feet EXHIBIT "K !�lR�!'r, ::•�i{v�rtrn,lvu •alt plK#q rR+7;f?;.:.1: :r�, •s'- rto: ..., p•-,. •N. t.. d. .p.. 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'` ?' , 4't r h. • r . ;,. f Ax ., , ..3,i',?t..?r f.:' .. ,It. , t � i. t f ..�-i ;i L na I• •n A ?rF�' atr, � Pr •�li!b[i �II',.n:.c ,t:�',, ,i1` .'I. .nJ:! , r..,..i,.: .tcn.',{.I:. ,,;r, rCl}J •.i n. !t`. ..n 5 March 23, 2020 Consider an ordinance accepting the increased telecommunications right-of-way access line rates for 2020 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 23, 2020 REQUESTED ACTION: Council consider an ordinance accepting the increased telecommunications right-of-way access line rates for 2020. On March 9, 2020, the City received a letter from the PUC notifying the City that their 2020 maximum telecommunications right-of-way access line rates have increased by 0.7267% due to inflation, as measured by the CPI. This adjustment has been made pursuant to Chapter 283 of the Local Government Code (House Bill 1777). Residential access line rates will increase from $0.62 to $0.63, non-residential rates will increase from $1.40 to $1.42 and point-to-point rates will increase from $2.07 to $2.09. Article XV of the City Charter requires council approval to determine, fix and regulate charges, fares, or rates of utilities using City rights-of-way. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. AN ORDINANCE APPROVING THE 2020 MAXIMUM TELECOMMUNICATIONS RIGHT-OF-WAY ACCESS LINE RATES. WHEREAS, the Public Utility Commission of Texas has notified the City of Beaumont, in accordance with Chapter 283 of the Local Government Code, that its 2020 maximum telecommunications right-of-way access line rates by 0.7267% due to inflation, as measured by the Consumer Price Index (CPI); and, WHEREAS, residential telecommunications right-of-way access line rates will increase from $0.62 to $0.63; and, WHEREAS, non-residential telecommunications right-of-way access line rates will increase from $1.40 to $1.42; and, WHEREAS, point-to-point telecommunications right-of-way access line rates will increase from $2.07 to $2.09; and, WHEREAS, the City Council is of the opinion that the telecommunication right-of- way access line rate increases as noted above are, in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, THAT residential telecommunications right-of-way access line rates will increase from $0.62 to $0.63; and, BE IT FURTHER ORDAINED THAT non-residential telecommunications right-of- way access line rates will increase from $1.40 to $1.42; and, BE IT ALSO ORDAINED THAT point-to-point telecommunications right-of-way access line rates will increase from $2.07 to $2.09. 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 23rd day of March, 2020. - Mayor Becky Ames -