HomeMy WebLinkAbout07/19/2022 MINT E X A S
MINUTES OF THE CITY OF BEAUMONT
COUNCIL MEETING
Albert "A.J." Turner Jr., At -Large ROBIN MOUTON, MAYOR Randy Feldsehau, At -Large
Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II
Audwin Samuel, Mayor Pro Tem JULY 19, 2022 Chris Durio, Ward IV
Tina Broussard, City Clerk Chris Boone, Interim 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 19, 2022, 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 and Agenda items 8-14
Mayor Mouton called the council meeting to order at 1:30 p.m.
Pastor Edison Colbert with Paradise Missionary Baptist Church gave the invocation. Mayor Mouton
led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk.
Present at the meeting were Mayor Mouton, Mayor Pro Tern Samuel, Councilmembers Durio, Getz,
Turner, Feldschau and Neild. Also, present were Chris Boone, Interim City Manager; Sharae Reed,
City Attorney; Tina Broussard, City Clerk.
Proclamations, Presentation, Recognitions
"Pioneering Women -Rocking and Rolling to Our Own Drumbeat" - August 4, 2022 -
Proclamation read by Mayor Mouton; accepted by Morline Guillory, President of Pioneering
Women along with Pioneering Women Members and the 2022 Honorees:
Velina Johnson, Tea Do, Melanie Comeaux, Charlee Hanna -Rule, Mary Young and
Charisma Popillion
Public Comment: Persons may speak on the Consent Agenda and Agenda Items 8-14
None
CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial.
The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any
item for discussion and separate action.)
A. Approval of the June 28, 2022, City Council Meeting Minutes
Minutes —July 19, 2022
C. Authorize the settlement of the lawsuit styled GADV Inc. dlbla L&L General
Contractors vs. City of Beaumont; Cause No. A-207973 - Resolution 22-164
D. Authorize the repair of the precision approach path indicator lights at the city Municipal
Airport Resolution 22-165
E. Approve a resolution to designate a public accountant to perform auditing services for
FY 2022 - Resolution 22-166
F. Approve a contract for the purchase of aluminum sulfate for use in the Water
Utilities Department - Resolution 22-167
G. Authorize the City Manager to execute a lease agreement with the Beaumont Art
League - Resolution 22-168
H. Authorize the Interim City Manager to award a contract to D & M Tanks, LLC, of
Ken nedale, for the City of Beaumont Elevated Ground Water Storage Tank Cleaning
Project - Resolution 22-169
J. Authorize the execution of a license to encroach agreement with Environmental
Engineering & Geotechnics for installing a groundwater monitoring well - Resolution
22-170
K. Approve a resolution awarding annual contracts for temporary personnel services
for various departments- Resolution 22-171
Councilmember Getz moved to approve the Consent Agenda. Mayor Pro Tem Samuel
seconded the motion.
The motion to approve the Consent Agenda was amended to exclude Item B.
Mayor Pro Tem Samuel moved to approve the Consent Agenda excluding Item B.
Councilmember Turner seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ,
TURNER, FELDSCHAU AND NEILD
NAYS: NONE
MOTION PASSED
B. Approve a contract with WJE Associates, Inc., of Austin, Texas, for Professional
Engineering Services -Bridge Repairs at Various Locations City Wide.
Councilmember Getz moved to table Item B on the Consent Agenda. Councilmember
Neild seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ,
TURNER, FELDSCHAU AND NEILD
NAYS: NONE
Minutes — July 19, 2022
MOTION PASSED
F-ITC740197:1
Consider a request to rezone a property from LI (Light Industrial) to GC -MD (General
Commercial -- Multiple -Family Dwelling) District for the property located at 1190/1192 Gulf
Street.
Joseph Endari would like to rezone the property located at 1190/1192 Gulf Street. Mr. Endari
owns the entire north half of the block now and the rest of the property is zoned GC -MD
(General Commercial - Multiple Family Dwelling) District. Plans are to develop the property
as a unit which needs the property to be consistently zoned.
At a Joint Public Hearing held on June 27, 2022, the Planning Commission recommended
8:0 to deny the request to rezone a property from LI (Light Industrial) to GC -MD (General
Commercial -Multiple -Family Dwelling) District for the property located at 1190/1192 Gulf
Street.
The Zoning Ordinance states, "The Cite Council shall not amend, supplement, change, modify or
repeal any regulation, restriction or bounden y or approve a Specific Use Pernnit i7,here a protest
against such change (has been filed), signed by the owners of tiventy percent (20%) or more either of
the area of the lots included in such proposed change or- f the lots or land immediately adjoining the
saine and extending hvo hundred (200) feet therefrom, except by the favorable vote of three fourths
(314) of all the members of the Cite Council. "
Protest against this request was received from 35% of the land immediately adjoining the
subject property. Therefore, a vote of three -fourths (314) of the City Council would be required
if the City Council chooses to approve the requested Specific Use Permit.
Denial of the request.
Councilmember Neild moved to DENY AN ORDINANCE 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 LI (LIGHT INDUSTRIAL) DISTRICT TO GC -
MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT
1190 AND 1192 GULF STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Mayor Pro Tern Samuel
seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ,
TURNER, FELDSCHAU AND NEILD
NAYS: NONE
MOTION DENIED
2. Consider a request to rezone a property from RS (Residential — Single -Family Dwelling) to
RM-H (Residential Multiple -Family Dwelling — Highest Density) for the property located at
1020, 1060 & 1070 Saxe Street.
Minutes — July 19, 2022
Fred Vernon would like to rezone the property located at 1020, 1060 & 1070 Saxe Street. Mr.
Vernon owns 1020 Saxe Street and would like to build an apartment complex on the lot. The
property owners for 1060 & 1070 Saxe Street agreed to the rezoning so that Mr. Vernon's
request would not create a spot zoning situation. There are several apartment complexes in
the area similar to the project proposed by Mr. Vernon.
At a Joint Public Hearing held on June 27, 2022, the Planning Commission recommended
7:1 to approve the request to rezone a property from RS (Residential -Single -Family Dwelling)
to RM-H (Residential Multiple -Family Dwelling --Highest Density) for the property located at
1020, 1060 & 1070 Saxe Street.
Approval of the ordinance.
Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCEAMENDING
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 1020, 1060 AND 1070 SAXE STREET, BEAUMONT, JEFFERSON
COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY.
Councilmember Durio seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ,
FELDSCHAU AND NEILD
NAYS: NONE
ABSTAIN: COUNCILMEMBER TURNER
MOTION PASSED
Ordinance 22-036
3. Consider a request for a Specific Use Permit to allow a duplex in an RS (Residential -Single -
Family Dwelling) District for the property located at 8230 San Carlos Street.
Akram Khalil is requesting a Specific Use Permit to allow a duplex at 8230 San Carlos Street.
The approximately 3,672 square foot building would be divided into two (2) residences. The
property is surrounded by single family homes and vacant lots in an RS (Residential Single -
Family Dwelling) District.
As this duplex will be located in an RS (Residential Single -Family Dwelling) District, an eight
(8) foot tall wood or masonry screening fence along with a ten (10) foot wide landscaped
buffer will be required along the north, east and south property lines. The buffer will require
one (1) class A or two (2) class B trees every twenty-five (25) linear feet along the property
line.
At a Joint Public Hearing held on June 27, 2022, the Planning Commission recommended
8:0 to approve the request for a Specific Use Permit to allow a duplex in an RS (Residential -
Single -Family Dwelling) District for the property located at 8230 San Carlos Street with the
following condition:
Minutes —July 19, 2022
Landscaping and screening to meet Zoning Ordinance requirements.
Approval of the ordinance with the following condition:
Landscaping and screening to meet Zoning Ordinance requirements.
Councilmember Neild moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A
SPECIFIC USE PERMIT TO ALLOW A DUPLEX IN AN RS (RESIDENTIAL -SINGLE-FAMILY DWELLING)
DISTRICT FOR PROPERTY LOCATED AT 8230 SAN CARLOS STREET, WITH THE CONDITION, IN THE CITY
OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ,
TURNER, FELDSCHAU AND NEILD
NAYS: NONE
MOTION DENIED
4. Consider a request far a Specific Use Permit to allow a construction business with an outdoor
lay down yard in a GC -MD (General Commercial -Multiple -Family Dwelling) District for the
property located at 1320 Caldwell Avenue.
Xavier Williams is requesting permission for a construction business with a laydown yard at
1320 Caldwell Avenue. This property was zoned RM-H (Residential Multiple -Family Dwelling
- Highest Density) and occupied by a house until it burned and was demolished in 2019. A
commercial structure is located at the corner of the lot and the current owner wished to use
the building for commercial purposes although it had sat vacant for several years, so the
property was rezoned from RM-H to GC -MD (General Commercial -- Multiple -Family
Dwelling).
Mr. Williams constructed a new storage building on the property without the benefit of a
permit. He then began to operate a construction business and park dump trucks on the
property without a Certificate of Occupancy. Due to the property being used as a lay -down
yard for Mr. Williams's construction business, a Specific Use Permit is required in a GC -MD
zoning district.
In his letter, Mr. William states three (3) dump trucks will be kept at this location. No parking
for the dump trucks or the vehicles for the drivers are shown on the site plan. If the
application is approved and parking is planned on the property, a six (6) foot wide
landscaping strip will be required between any off-street parking areas and the street. Those
landscaped strips are required to have a three (3) foot tall wall, berm, or hedge for the length
of the parking area.
In addition, the property to the west along the north end of the property is zoned RM-H, if
approved a ten (10) foot wide landscaped buffer with trees and an eight (8) foot tall wood or
masonry screening fence is required along that portion of the property line that borders the
RM-H zoned property.
At a Joint Public Hearing held on .June 27, 2022, the Planning Commission recommended
7:0:1 to approve the request for a Specific Use Permit to allow a construction business with
an outdoor lay down yard in a GC -MD (General Commercial -Multiple -Family Dwelling)
District for the property located at 1320 Caldwell Avenue with the following conditions:
Minutes — July 19, 2022
1. Submit a revised site plan showing parking and required landscaping.
2. Provide landscaping to meet ordinance requirements along both street frontages.
3. Provide a ten (10) ft. wide landscaped buffer with trees along west property line that
borders residential zoning and an eight (8) ft. tall wood or masonry fence to meet
Zoning Ordinance requirements.
Approval of the ordinance with the following conditions.
1. Submit a revised site plan showing parking and required landscaping.
2. Provide landscaping to meet ordinance requirements along both street frontages.
3. Provide a ten (10) ft. wide landscaped buffer with trees along west property line that
borders residential zoning and an eight (8) ft, tall wood or masonry fence to meet
Zoning Ordinance requirements.
Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A
SPECIFIC USE PERMIT TO ALLOW A CONSTRUCTION BUSINESS WITH AN OUTDOOR LAY -DOWN YARD IN
A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED
AT 1320 CALDWELL AVENUE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON
COUNTY, TEXAS, Mayor Pro Tem Samuel seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ,
TURNER, FELDSCHAU AND NEILD
NAYS. NONE
MOTION PASSED
Ordinance 22-037
5. Consider a request for a Specific Use Permit to allow a cell tower in an LI (Light Industrial)
District for the property located at 8475 Landis Drive,
Anne Hathaway representing SBA Network Services, L.L.C., proposes to construct a one
hundred seventy-nine (179) foot tail cellular tower at 8475 Landis Drive. The proposed tower
will be a monopole designed to support four (4) antenna arrays allowing for colocations in the
future. No City utilities will be required at the unmanned site. Access to the site will be via an
easement from Landis Drive.
The applicant states that a six (6) foot chain link fence with one (1) foot barbed wire
extension will be constructed around the lease area. In addition, they propose a row of crepe
myrtle trees along the Landis Road right-of-way. Historically, a privacy fence with a solid
gate has been required. Although trees are typically required, there are power lines along
the south right-of-way line of Landis Drive, so no trees will be required. Instead, a row of
hedges will be required along the north and west edges of the lease site, the sides visible
from residential properties to the northwest.
At a Joint Public Hearing held on June 27, 2022, the Planning Commission recommended
8:0 to approve the request for a Specific Use Permit to allow a cell tower in an LI (Light
Industrial) District forthe property located at 8475 Landis Drive with the following conditions;
Utilize the existing approach and gravel path located just west of the site instead of a
new proposed driveway.
Minutes — July 19, 2022
2. Provide a copy of the recorded access easement and lease agreement.
3. Provide a six (6) foot tall wood or masonry fence to be constructed six (6) feet inside
the north and west perimeter edges of the lease site with a solid gate.
4. Provide a landscaped buffer along the north and west edges of the tower site
consisting of shrubs save and except for the gated area to meet Zoning Ordinance
requirements.
Approval of the ordinance with the following conditions:
1. Utilize the existing approach and gravel path located just west of the site instead of a
new proposed driveway.
2. Provide a copy of the recorded access easement and lease agreement.
3. Provide a six (6) foot tall wood or masonry fence to be constructed six (6) feet inside
the north and west perimeter edges of the lease site with a solid gate.
4. Provide a landscaped buffer along the north and west edges of the tower site
consisting of shrubs save and except for the gated area to meet Zoning Ordinance
requirements.
Councllmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE, GRANTING A
SPECIFIC USE PERMIT TO ALLOW A CELLULAR TOWER IN AN LI BLIGHT INDUSTRIAL) DISTRICT FOR
PROPERTY LOCATED AT 8475 LANDIS DRIVE, WITH THE CONDITIONS, 1N THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS. Councilmember Feldschau seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ,
TURNER, FELDSCHAU AND NEILD
NAYS: NONE
MOTION PASSED
Ordinance 22-038
6. Consider a request for a Specific Use Permit to allow an event center in the CBD (Central
Business District) for the property located at 308 Orleans Street.
Camryn Meraz has requested a Specific Use Permit to open an event center at 308 Orleans
Street. Ms. Meraz states the property will be used for events such as baby or wedding
showers and small intimate weddings. No food or drink will be provided by the property
owner or management.
The Central Business District zone does not require any on -site parking; vehicles would park
on the street. In addition, the building is currently not sprinkled. Building occupancy,
although undetermined at this time, will be a number well below 100. Occupancy will need to
remain at or below the number set by the Fire Department or a fire sprinkler system must be
added.
At a Joint Public Hearing held on June 27, 2022, the Planning Commission recommended
8:0 to approve the request for a Specific Use Permit to allow an event center in the CBD
(Central Business District) for the property located at 308 Orleans Street with the following
condition:
Minutes — July 19, 2022
Building must be sprinkled if occupancy load is found in excess of the number
set by the Fire Department.
Approval of the ordinance with the following condition:
Building must be sprinkled if occupancy load is found in excess of the number
set by the Fire Department.
Councilmember Turner moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A
SPECIFIC USE PERMIT TO ALLOW AN EVENT CENTER IN THE CENTRAL BUSINESS DISTRICT (CDB) FOR
PROPERTY LOCATED AT 308 ORLEANS STREET, WITH THE CONDITION, IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS. Councilmember Neild seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ,
TURNER, FELDSCHAU AND NEILD
NAYS: NONE
MOTION PASSED
Ordinance 22-039
7. Consider a request for a Specific Use Permit to allow a bar in a GC -MD (General Commercial
-Multiple-Family Dwelling) District for the property located at 2949 College Street, Suite 120.
Jisan Makinojiya is requesting a Specific Use Permit to allow a Daiquiri Bar at 2949 College
Street, Suite 120. The bar will occupy a 1,300 square foot suite in the existing Mars Plaza
and will include a full bar with a heavy focus on frozen daiquiris and frozen mixed drinks, all
available for on --site consumption. Some food will also be available for purchase. Hours of
operation will be Monday -Friday 10:00 a.m. until midnight, Saturday 10:00 a.m. until 1:00
a.m. and Sunday 10:00 a.m. until midnight.
At a Joint Public Hearing held on June 27, 2022, the Planning Commission recommended
7:1 to deny the request for a Specific Use Permit to allow a bar in a GC -MD (General
Commercial -Multiple -Family Dwelling) District for the property located at 2949 College Street,
Suite 120.
Denial of the request.
Councilmember Durio moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A
SPECIFIC USE PERMIT TO ALLOW A BAR IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY
DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2949 COLLEGE STREET, SUITE 120 IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Neild seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ,
TURNER, FELDSCHAU AND NEILD
NAYS: NONE
MOTION DENIED
Minutes — July 19, 2022
8. Consider authorizing the Interim City Manager to enter into an Industrial Development
Agreement with OCI Fuels USA for Phases I and 11 of an industrial development.
The city was recently approached about entering into an Industrial Development Agreement in
order to promote the development of an industrial facility that would produce ammonia. The
project is located at and near the OCI facility on Highway 347, just beyond the City Limits.
Attached are the proposed Industrial Development Agreements for Phases I & 11 of the proposed
project.
The Agreement proposes an abatement of 100% for fifteen years for the project. The project is
anticipated to be valued at $2.4-$2.8 billion and together would employee up to 2,000
construction workers and up to 120 permanent employees. The agreements require that Phase
I must commence construction by December 31, 2025, and Phase 11 must commence
construction by December 31, 2028. The abatement period would commence on January 1,
2028, for Phase I and January 30, 2030, for Phase It. In addition, the agreement requires that
five (5) payments in the amount of $1,000,000 will be made annually to the city, beginning in
fiscal year 2023.
It should be noted that a separate agreement is also being proposed for a related biofuel plant
along with a separate Industrial Development Agreement that outlines the amount of taxes to be
paid to the city during the construction phases of these projects.
Approval of Resolution.
Mayor Mouton moved to APPROVE A RESOLUTION THAT THE INTERIM CITY MANAGER BE AND HE IS
HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DEVELOPMENT AGREEMENT WITH OCI FUELS USA
FOR PHASES I AND 11 OF AN INDUSTRIAL DEVELOPMENT. Councilmember Getz seconded the
motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ,
TURNER, FELDSCHAU AND NEILD
NAYS: NONE
MOTION PASSED
Resolution 22-172
9. Consider authorizing the Interim City Manager to enter into an Industrial Development
Agreement with OCI Clean Ammonia, LLC for Phases I and 11 of an industrial development.
The city was recently approached about entering into an Industrial Development Agreement in
order to promote the development of an industrial facility that would produce ammonia. The
project is located at and near the OCI facility on Highway 347, just beyond the City Limits.
Attached are the proposed Industrial Development Agreements for Phases I & II of the proposed
project.
The Agreement proposes an abatement of 100% for fifteen years for the project. The project is
anticipated to be valued at $2.4-$2.8 billion and together would employee up to 2,000
construction workers and up to 120 permanent employees. The agreements require that Phase
must commence construction by December 31, 2025, and Phase 11 must commence
construction by December 31, 2028. The abatement period would commence on January 1,
2028, for Phase I and January 30, 2030, for Phase II. In addition, the agreement requires that
Minutes — July 19, 2022
five (5) payments in the amount of $1,000,000 will be made annually to the city, beginning in
fiscal year 2023,
It should be noted that a separate agreement is also being proposed for a related biofuel plant
along with a separate Industrial Development Agreement that outlines the amount taxes to be
paid to the city during the construction phases of these projects.
Approval of Resolution.
Mayor Mouton moved to APPROVE A RESOLUTION THAT THE INTERIM CITY MANAGER BE AND HE IS
HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DEVELOPMENT AGREEMENT WITH OCI CLEAN
AMMONIA, LLC FOR PHASES I AND 11 OF AN INDUSTRIAL DEVELOPMENT. Councilmember Feldschau
seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM. SAMUEL, COUNCILMEMBERS DURIO, GETZ,
TURNER, FELDSCHAU AND NEILD
NAYS: NONE
MOTION PASSED
Resolution 22-173
10. Consider authorizing the Interim City Manager to enter into an Industrial Development
Agreement with OCI Fuels USA for economic development incentives during the construction
phase of an industrial development.
The city was recently approached about entering into an Industrial Development Agreement in
order to promote the development of industrial facilities that would produce biofue[s at and near
the OCI facility, located on Highway 347, just beyond the City Limits.
The agreement outlines taxes due to the city during the construction phases of this project. The
proposed terms are typical of other Industrial Development Agreements, requiring payment of
80% of taxes due for years 2023-2025 and 76% of the taxes due for years 2026-2029. However,
it should be noted that the abatement period would commence at execution and end on
December 31, 2027, or completion of construction of Phase I and December 31, 2029, or
completion of construction for Phase 11, whichever occurred first.
The project is anticipated to be valued at $1.7-$2.1 billion and together would employee between
600 and 1,000 construction workers and up to 120 permanent employees.
Approval of Resolution.
Mayor Mouton moved to APPROVE A RESOLUTION THAT THE INTERIM CITY MANAGER BE AND HE IS
HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH OCI FUELS USA FOR
ECONOMIC DEVELOPMENT INCENTIVES DURING THE CONSTRUCTION PHASE OF AN INDUSTRIAL
DEVELOPMENT. Councilmember Durio seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ,
TURNER, FELDSCHAU AND NEILD
NAYS: NONE
Minutes — July 19, 2022
MOTION PASSED
Resolution 22-174
11. Consider authorizing the Interim City Manager to enter into an Industrial Development
Agreement with OCl Clean Ammonia, LLC for economic development incentives during the
construction phase of an industrial development.
The city was recently approached about entering into an Industrial Development Agreement in
order to promote the development of industrial facilities that would produce ammonia at and near
the OCI facility, located on Highway 347, just beyond the City Limits.
The enclosed agreement outlines taxes due to the city during the construction phases of this
project. The proposed terms are typical of other Industrial Development Agreements, requiring
payment of 80% of taxes due for years 2023-2025 and 75% of the taxes due for years 2026-
2029. However, it should be noted that the abatement period would commence at execution and
end on December 31, 2027, or completion of construction of Phase 1 and December 31, 2029, or
completion of construction for Prase 11, whichever occurred first.
The project is anticipated to be valued at $2.4-$2.8 billion and together would employee up to
2,000 construction workers and up to 120 permanent employees.
Approval of Resolution.
Mayor Mouton moved to APPROVE A RESOLUTION THAT THE INTERIM CITY MANAGER BE AND HE IS
HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH OCI CLEAN AMMONIA,
LLC FOR ECONOMIC DEVELOPMENT INCENTIVES DURING THE PHASE OF AN INDUSTRIAL
DEVELOPMENT. Councilmember Getz seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ,
TURNER, FELDSCHAU AND NEILD
NAYS: NONE
MOTION PASSED
Resolution 22-175
12. Consider authorizing a Letter of Intent with OCI Beaumont, LLC or one of its affiliates.
OCI would like to enter a LOI with the City of Beaumont to allow a third party to perform a site
study at the City's landfill and wastewater treatment facility, The study would help OCI
determine the feasibility of a landfill gas recovery project and wastewater anaerobic digester
project. Due to the time and cost of such study, OCI is requesting a 6-month exclusivity
period in which to conduct the site study.
If the study finds that a transaction of the above -mentioned projects between the City and
OCI are feasible, then the terms of any transaction would be subject to negotiations at that
time.
No cost to the City would be incurred for this study.
Minutes July 19, 2022
Approval of the resolution.
Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE INTERIM CITY MANAGER
BE AND HE 1S HEREBY AUTHORIZED TO EXECUTE A LETTER OF INTENT BETWEEN THE CITY OF
BEAUMONT AND OCI BEAUMONT, LLC TO ALLOW A THIRD PARTY TO PERFORM A SITE STUDY AT THE
CITY'S LANDFILL AND WASTEWATER TREATMENT FACILITY. Councilmember Neild seconded the
motion.
AYES; MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ,
TURNER, FELDSCHAU AND NEILD
NAYS; NONE
MOTION PASSED
Resolution 22-176
13. Consider an ordinance authorizing the suspension of the effective date of Entergy Texas,
Inc.'s proposed rate increase to November 3, 2022.
On July 1, 2022, Entergy Texas, Inc. (ETI) filed its Statement of Intent to increase rates with
each city that retains exclusive original jurisdiction over electric rates and services in the
Entergy service area. This proposal would increase rates an estimated $131.4 million
annually. Itwould result in a monthly increase of $13.50 forthe average residential customer
using 1,000 kWh per month.
The increase is intended to become effective on August 5, 2022. Each city retaining
exclusive original jurisdiction must make a determination regarding ETI's proposed rate
increase request or suspend the proposed effective date for a period of ninety (90) days or
until November 3, 2022. Each city retaining original jurisdiction over electric rates and
services has a responsibility to determine whether the requested increase allows for a
reasonable rate. The suspension would allow time for the cities rate attorneys and
consultants to determine whether the request is reasonable. The ordinance also provides for
the participation with the other cities in the ETI service area Steering Committee together with
the lawyers and consultants representing the cities in rate related matters.
The reasonable expenses associated with rate cases are reimbursable by the company.
Approval of ordinance.
Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF
BEAUMONT, TEXAS AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE FOR AN ADDITIONAL
NINETY (90) DAYS BEYOND THE AUGUST 5, 2022, EFFECTIVE DATE PROPOSED BY ENTERGY TEXAS,
INC., IN CONNECTION WITH ITS RATE INCREASE APPLICATION ENTITLED "APPLICATION OF ENTERGY
TEXAS, INC., FOR AUTHORITY TO CHANGE RATES", FILED ON JULY 1, 2022; AUTHORIZING
PARTICIPATION WITH THE ENTERGY TEXAS, INC., SERVICE AREA CITIES STEERING COMMITTEE HIRING
OF EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT
THE PUBLIC UTILITY COMMISSION OF TEXAS; REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE
EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE DATE.
Councilmember Getz seconded the motion.
Minutes — July 19, 2022
AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ,
TURNER, FELDSCHAU AND NEILD
NAYS: NONE
MOTION PASSED
Ordinance 22-040
14. Consider a resolution authorizing the Interim City Manager to execute an Addendum to the
Sales Contract of 555 Main Street.
The City purchased the property at 555 Main Street on July 29, 2021. The Sales contract had
a provision that prohibited the sale and/or rehabilitation of the property. The proposed
Addendum would remove the requirement that the property be demolished.
Approval of resolution.
Councilmember Getz moved to APPROVE, A RESOLUTION THAT THE INTERIM CITY MANAGER BE
AND HE IS HEREBY AUTHORIZED TO EXECUTE AN ADDENDUM TO THE SALES CONTRACT OF 555 MAIN
STREET TO REMOVE THE REQUIREMENT THAT THE PROPERTY BE DEMOLISHED. Councilmember
Turner seconded the motion.
AYES: MAYOR MOUTON, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND
NEILD
NAYS: MAYOR PRO TEM SAMUEL
MOTION PASSED
Resolution 22-177
PUBLIC HEARING
Dangerous Structures
Public Hearing Open: 2:48 p.m.
Public Comments were made by the following people who personally appeared and
requested additional time for their property.
J. W. Daniels
Items # 2,3&20
Brandon Guidry
4270 Cartwright
Beaumont TX
3965 Avenue B, 3985 Avenue B and 3970 Inez
7190 Click Dr.
Item #9 7190 Click Dr.
Ronitha Pickens 3545 Dobson Rd.
Beaumont TX
Beaumont TX
Item #14 2245 Fillmore
Minutes — July 19, 2022
Etha Edin 8740 Westheimer Rd. #3 Houston TX
Item #16 2645 Harriot
Joseph Lewis 720 Jeanette Beaumont TX
Item #21 735 Lasalle
Frank Relford Jr. 1810 Lela Beaumont TX
Item #23 1870 Lela
Sandra Books Lee 603 Texas St. Camden AR
Item #45 7632 Tram Rd,
Public Hearing Close: 3:15 p.m.
15. Consider an ordinance to declare 46 structures to be unsafe structures and orderthe owners
to raze the said structures within 10 days. If the property owner fails to comply within 10
days, staff is requesting City Council 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 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
1. 2695 Atlanta — includes shed
2. 3965 Avenue B -- includes garage
3. 3985 Avenue B
4. 2680 Avenue G — includes 2 carports & 2
sheds 1
5. 6120 Big ner—includes auxiliary
building
6. 3298 Brandon
7. 2695 Cable
8. 435 E. Church — includes carport
9. 7190 Click — includes carport
10.3215 Corley
11.3614 Edmonds — includes shed
12.1365 Evalon
13.4220 S, 5th
14.2242 1=illmore — includes 2 sheds
15.3451 Grand
16.2645 Harriot — 2 houses
17.2920 Hebert --- includes garage
18.2190 Hegele — includes shed
19, 5695 Indian TO - trailer
20.3970 Inez — on lot of 3965 Avenue B
21.735 E. Lasalle
22.2025 Leiper —shed only
23.1810 Lela
24,1200 Lon
Minutes -ry July 19, 2022
25.2195 Magnolia — includes
garage apartment & 2 sheds
26.157 Montclair
27.2095 Montrose — includes 2
sheds
28.8265 Oak Ridge — includes auxiliary
building & 2 sheds
29,8345 Oak Ridge
30.3290 Ogden — includes garage
31.11295 Patricia — includes 2
sheds
32.5840 Picadilly -- includes pool
33, 2035 Pine
34.2005 Pope
35.860 Roberts
36.2655 Sabine Pass — includes shed
37.812 Sherman
38.6550 Speer
39.3670 St Helena —garage only
40.3240 St James - commercial
41.3609 St James
42.4295 Steelton — shed only
43.2475 Taylor
44.3490 Texas
45.7635 Tram
46.4530 Winston
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.
Funds may include General funds and Community Development Block Grant (CDBG)
funding.
Approval of the ordinance.
Councilmember Neild 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 #2,3,9,14,16,20,21 & 231 TO ENTER
INTO A 150 DAY WORK PROGRAM ON THE DANGEROUS STRUCTURES LIST; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR A PENALTY. Councilmember Feldschau seconded the
motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ,
TURNER, FELDSCHAU AND NEILD
NAYS: NONE
MOTION PASSED
Minutes — July 19, 2022
Ordinance 22-041
Mayor Mouton read the announcement regarding Executive Session being held at the
conclusion of Public and Councilmember Comments,
COMMENTS
Public Comments (Persons are limited to three minutes)
Cathy Walker 3395 Delaware Beaumont TX
Commented on the billing cycle for the City, stated that that she's worked for the city over
thirty (30) years as a meter reader, the billing cycle that's in place now has never been this
way before
Ricky Jason 1074 Magnolia Beaumont TX
Spoke to Council regarding the Beaumont Police Department, stated that there's good and
bad police officers, went on to speak regarding Mr. Christopher Shaw who is now paralyzed,
stated that Mr. Shaw was picked up and dropped on his head, thinks this was a violation of
his civil rights, stated that Chief Singletary said he agreed with his officer 100%, doesn't
understand why Chief Singletary would agree with the officer when he was wrong, made
additional comments regarding Mr. Shaw and what happened to him while in police custody,
is requesting to see the tapes and that they be shown to the public
Terry Johnson 9625 Phelan Beaumont TX
Commented on his property that was on a work program located at 1195 Amarillo, the house
was completed, the electrician tried to pull a permit on June 27, 2022, and was denied,
stated that it took him four days to reach the employee that he needed to speak with, finally
he was told that she was out sick after the fourth day, therefore he wasn't able to finish the
repairs, stated this has happened twice, once he went to Building Codes he was told that
there needed to be certain things done in order to get the electrical permit, asked for help
regarding this property
Johnny Beatty 3555 Washington Blvd. Beaumont TX
Asked that Council consider his request for additional time for property located at 1350
Caldwell, stated that he's been working on the property for the last several months, due to
inflation, cost of material, COVID, supply chain issues, theft of plumbing and inclement
weather the completion has been delayed, as of today he has expended over $30,000.00 on
this particular property which includes leveling, the front porch and the roof overthe porch as
well as the back porch has been completed, all of which has been inspected by the building
code inspectors, asked for more time to complete this property
Carlton Sharp 5150 Plant Rd. Beaumont TX
Stated that he's speaking to correct the record from the last City Council meeting that took
place on June 28, 2022, a proposal was brought to the Council regarding property located at
125 Magnolia, the Interim City Managerwas asked if there were any other parties interested
in 125 Magnolia, his response was "not in the last two years", Mr. Sharp stated to Council
Minutes — July 19, 2022
that was not the truth, he stated that in late February or early March of this year an
investment group out of Houston, TX, inquired about purchasing 125 Magnolia, the investor
did a walkthrough of the property with staff who informed the investors of everything that
needed to be corrected to the property, staff then sent the survey of the property to the
investors, they spoke with the Interim City Manager to discuss their plans and their interest
for the property, it was stated to the investors that in order to sell property the city would have
to do an RFP to do a public notice, the investment group is still waiting for the RFP, after
listening to the Council meeting from June 28, 2022, it seems as if the decision has already
been made to go with another group for the property, how can we expect new businesses to
be attracted to our community when the head of staff is sabotaging their efforts through lies,
how do we expect for our city to become what it has the potential to become if the head of
staff picks and chooses who he likes or dislikes to present to Council or to the public, stated
that he has set in Council meetings and listened to everyone proclaim how they want new
businesses to come to our city, it may not be that the businesses are not interested in coming
to our city but that we currently have a head of staff that's running them away
Ronald Kelley 2295 Angelina Beaumont TX
Stated that he lives in the Oaks Historic District and that he and his neighbors came to realize
that there are two new homes that were being constructed in his neighborhood, they were
excited that there were new homeowners only to find out that it's actuallyjust rental property,
not sure what Beaumont wants for the Historic District, made comments regarding some of
the meetings that he's attended where the homeowners are denied some type of
improvements to their homes, some of the homes still having the old weighted windows, it
needs to very clear as to what is wanted in the Historic District, said he's simply stating that it
needs to be more defining, most citizens that move into the Historic District doesn't know
what the requirements are as a homeowner and the city needs to be clear regarding this
issue
Councilmembers/City Manager/City Attorney comments on various matters
COUNCILMEMBER COMMENTS
COUNCILMEMBER NEILD - NONE
MAYOR PRO TEM SAMUEL - NONE
COUNCILMEMBER FELDSCHAU - STATED THAT HE ATTENDED THE OAKS HISTORIC
NEIGHBORHOOD ASSOCIATION MEETING, THERE ARE CITIZENS
THAT ARE CONCERNED ABOUT THE HOMELESS ENCAMPMENT
ON LAUREL, ASKED THAT THE HEALTH INSPECTORAND A CODE
ENFORCEMENT OFFICER GO OUT AND TAKE A LOOK AT THE
SITE JUST TO MAKE SURE THERE'S NO VIOLATIONS, THERE WAS
REPORTS ON LAST NIGHT THAT THERE ARE SOME PROBLEMS,
OF COURSE EVERYONE IS LOOKING FOR A COMPASSIONATE
YET PRACTICAL SOLUTION TO THE ISSUE, WE UNDERSTAND THE
NEIGHBORS' CONCERN AS WELL
COUNCILMEMBER TURNER - THANKED STAFF FOR TAKING THE INITIATIVE AND BEING PRO
ACTIVE TO PUT SOMETHING TOGETHER WHERE CITIZENS CAN
GET EDUCATED ON THE PROCESS, ENCOURAGED CITIZENS TO
Minutes — July 19, 2022
COME OUT LEARN HOW TO PREPARE BIDS AND DO BUSINESS
WITH THE CITY OF BEAUMONT, ANNOUNCED A VENDOR FAIR
ON TOMORROW (JULY 20,2022), AT THE BEAUMONT CIVIC
CENTER FROM 10:00 A.M., To 3:00 P.M., COMPLIMENTED THE
MUNICIPAL AIRPORT FOR APPLYING FOR GRANTS THAT ARE
AVAILABLE, COMMENTED ON THE INDUSTRIAL AGREEMENTS
THAT THE CITY APPROVED ON TODAY REGARDING THE OCI
PROJECT, THANKED EVERYONE THAT WAS INVOLVED IN THE
PROCESS
COUNCILMEMBER GETZ - STATED THAT HE ATTENDED A JOINT NEIGHBORHOOD
ASSOCIATION MEETING BETWEEN THE ❑OWLENIWEST AND
MEADOWS NEIGHBORHOOD, THANKED THE POLICE
❑EPARTMENT FOR BEING THE GUEST SPEAKERS AS WELL AS
THE DA'S OFFICE, COMMENTED ON THE HOMELESS, STATED
THAT VOLUNTEERS ARE NEEDED AT HENRY'S PLACE, IF
ANYONE IS INTERESTED IN BEING A VOLUNTEER, PLEASE
CONTACT THE FACILITY
COUNCILME,MBER DURIO - ASKED THE INTERIM CITY MANAGER IF HE COULD PROVIDE HIM
WITH INFORMATION REGARDING THE OAKS HISTORIC
DISTRICT, SUCH AS WHO MAKES UP THE RULES, IF IT'S BY
ORDINANCE ETC., AND IF THERE'S ANY HELP FOR THE
RESIDENTS, THERE NEEDS TO BE SOME TYPE OF RELIEF FOR
THE RESIDENTS THAT HAVE OLDER HOMES
CITY ATTORNEY REED - NONE
INTERIM CITY MANAGER BOONE - ANNOUNCED THE VENDOR FAIR AT THE BEAUMONT CIVIC
CENTER FROM 'I 0:00 A.M. TO 3.00 P.M., ON JULY 20, 2022,
THANKED STAFF FOR ALL OF THEIR HARD WORK TO GET THIS
FAIR TOGETHER, IT'S A GROUP EFFORT BETWEEN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, PORT OF BEAUMONT AND
THE TIPS PURCHASING COOPERATIVES
MAYOR MOUTON - THANKED STAFF AND FORMER MAYOR BECKY AMES THAT
WORKED AS AN CONSULTANT FOR BRINGING THE OCI
PROJECT TO BEAUMONT, THEIR WILL BE 2,000 CONSTRUCTION
JOBS AND BETWEEN THE TWO PROJECTS 400 TO 600
PERMANENT JOBS, THANKED THE COUNCIL FOR VOTING TO
APPROVE THIS PROJECT ON TODAY, STATED THAT SHE'S ALSO
RECEIVED CALLS REGARDING THE OAKS HISTORIC DISTRICT,
WHEN YOU MOVE TO THE OAKS DISTRICT THEY HAVE SOME OF
THE STRICTEST RESTRICTIONS IN THAT COMMUNITY, ALSO
COMMENTED ON THE HOMELESS ENCAMPMENT, IF ANYONE
WANTS TO VOLUNTEER AT HENRY'S PLACE PLEASE LET THEM
KNOW THEY WILL BE GLAD FOR THE HELP IT WILL BE A GREAT
WAY TO GIVE BACK TO THE COMMUNITY AND TO THE
HOMELESS
Minutes— July 19, 2022
Open session of meeting recessed at 3:52 p.m.
EXECUTIVE SESSION
Deliberate the appointment, employment and duties of the City Manager position in
accordance with Section 551.074 of the Government Code -Personnel Matters, Closed
Meeting:
Christopher S. Boone
Lionel D. Lyons
Kenneth R. Williams
Consider matters related to contemplated or pending litigation in accordance
with Section 551.071 of the Government Code:
Ronald K. Davis v. John D.
!CCU'
R#n Mouton, Mayor
Tina Broussard, City Clerk
Brown, et al; Civil Action No. 1:22-cv-00024
Minutes M July 19, 2022
ABSTENTION AFFIDAVIT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
<< n
•T'�/ ut f , as a member of the (City Council, Commission, or
Board) make this affidavit and hereby on oath state the following: I, and/or a person or persons related to
me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision
of the �jQ_a UL�VI� Cit Council Commission, or Board) as those terms are defined in V.T.C.A.,
Local Government Code, § 171.0 .
The business entity is: t-re Q acL 1,T+tm a. O n +�,
(Name)
(Address)
("I," or name of relative and relationship) have/has a substantial interest in this
business entity for the following reasons: (check all of which are applicable.)
Ownership of 10 percent or more of the voting stock or shares of the business entity.
Ownership of either 10 percent or more or $15,000 or more of the fair market value of the
business entity.
Funds received from the. business entity exceed 10 percent of (my, her, his). gross
income for the previous year.
Real property is involved, and (I, he, she) have an interest which is an equitable
or legal ownership with a fair market value of at least $2,500.
A relative of mine, within the first or second degree by blood or marriage, has a substantial
interest in the business entity or property that would be affected by a decision of the public
body of which I am a member.
Upon filing of this affidavit with the City Clerk, I affirm that I will abstain from voting on any decision involving
this business entity and from an further participation on this matter whatsoever.
Signed this the day of , 20—
6* %—,--
Signature of Official
Title h l I � ff
BEFORE ME, the undersigned authority, on this day personally appeared tto� !/A... ((
and on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief.
SWORN to and subscribed before me this the�� day of , 20
TINA GAIL BROUSSARD
'—N�j
Notary Public, State of Texas Notary Public in and for t e Sate o Texas
: "1 Comm. Expires 01-12-2023
Notary ID 11435,119