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HomeMy WebLinkAbout12/06/2022 MIN BEAUMONT TEXAS MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert"A.J."Turner Jr.,At-Large ROBIN MOUTON, MAYOR Randy Feldschau,At-Large Taylor Neild,Ward I CITY COUNCIL MEETING Michael Getz,Ward II Audwin Samuel,Ward III DECEMBER 6, 2022 Chris Durio, Mayor Pro Tern Tina Broussard, City Clerk Kenneth R.Williams, City Manager Sharae Reed, City Attorney The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on December 6, 2022, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 5:30 p.m. to consider the following: OPENING • Invocation Pledge of Allegiance Roll Call • Proclamations, Presentation and Recognition • Public Comment: Persons may speak on the Consent Agenda and Agenda items 14-25 Mayor Mouton called the council meeting to order at 5:30 p.m. Pastor Jim Boykin with Sabine Pass Tabernacle 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 Durio, Councilmembers Getz, Turner, Feldschau, Samuel and Neild. Also, present were Kenneth Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "Presentation" Mamie McFaddin Ward Heritage Foundation and the Trust Department of Hancock Whitney "Presentation" Golden Triangle Cowboys Football coaches presented plaques to Mayor Mouton, Mayor Pro Tern Durio and Councilmembers Turner and Samuel Mayor Mouton read the announcement regarding the Executive Session being held at the conclusion of Public and Councilmember Comments. COMMENTS Public Comments (Persons are limited to three minutes) Minutes—December 6,2022 Mrs. Isaac Jefferson 4785 Lufkin St. Beaumont TX Spoke to Council regarding the sewer issues at her home, stated that on Thanksgiving day due to the heavy rain the sewer backed up in the toilet, they had company and it was very embarrassing, this is the second time they have been to Council regarding this issue and nothing has been done, they had a plumber come out who stated the issue wasn't on their side, the city has also come out and stated it wasn't on their side,she's hoping that they can get something done, her husband is so upset he is willing to go on CNN Carolyn Wright 2335 St. Anthony Beaumont TX Spoke regarding the ditches in her neighborhood, has spoken to Council once before regarding this issue, stated that the day after Thanksgiving when she returned from out of town her toilet had sewer backed up in it, the city came out and started draining the ditches, they left and never returned, this is an ongoing issue, something needs to be done David Thrash 6510 Caswell Beaumont TX Complained about ultra-loud noise coming from the Pour09 bar behind PetSmart, stated that he lives a mile 1/2 from Pour09 and they dread the weekend to the extent that they want to move out of Beaumont, the music is so loud it seems like they are at their front door, most of the neighbors won't say anything because they feel that nothing will be done, it's becoming a public nuisance, he's not requesting that the bar be shut down,just asking for help to get the bar to tone their music down, asked that someone speak with those in charge at Pour09 and monitor this establishment Terry Roy 9150 Shepherd Beaumont TX Spoke to Council regarding the same issue that was discussed in previous comments about the sewer backing up in toilets, stated that he had the same issue on Thanksgiving day due to the heavy rain, he's been dealing with this for a long time and he's tired of the temporary solutions that has been given by staff, if the person that's over Water and Sewer doesn't know how to stop this from happening then something should be done, if he did this on his job he would be fired, he's not calling for anybody's job but if the city is trying to grow, it won't grow with these types of issues, this is a health nuisance where feces backs up and stays for twelve hours or more, stated that he will keep coming to Council to complain until they get the issue corrected Mary Williams 9380 Riggs St. Beaumont TX Stated that she lives in the Amelia Neighborhood and very compassionate about her neighbors like Mr. Roy who spoke before her, the problems that he and others are having with their toilets overflowing when there's a heavy rain is unacceptable, Ms. Williams stated that her street was one of the last streets built in their area and so she doesn't deal with the issue, feels the complaints are falling on deaf ears, doesn't think some of the richer neighborhoods have to deal with this, everyone deserves to have their toilets flushing properly, knows that no one on Council would want to deal with that issue in their homes, stated that Beaumont has a new City Manager and she's so glad that he's here, asked that this issue get resolved and get Beaumont back to what it was Minutes December 6,2022 Public Comment: Persons may speak on the Consent Agenda and Agenda Items 14-25 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 November 22, 2022, City Council Meeting Minutes B. Approve an annual maintenance renewal from Automox of Boulder, Colorado for patch management of servers and computers on the city network for use by all city Departments - Resolution 22-314 Councilmember Getz moved to approve the Consent Agenda. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED REGULAR AGENDA 1. Consider a request for a street dedication in honor of William "Boy" Brown. The applicant, Velina Hayes Johnson on behalf of Billie Renee Brown, requests to have the entirety of Bob Street dedicated to William "Boy" Brown. This will serve to honor Beaumont's local disc jockey featured on K-JET radio. The request follows a Proclamation approved by the City Council in 2020 to dedicate December 8th as "Boy Brown Day". This year, friends, family, and supporters of "Boy" Brown will gather for a celebration as he was a nationally acclaimed disc jockey, air personality, and announcer who assumed the household name "BOY" in Beaumont, Texas. The beginning of his career dates back to the historic Beaumont K-JET radio station, where he discs jockeyed for seventeen (17)years beginning in the early 1950's. He became the Program and Music Director of K-JET and hosted Beaumont's first African American owned radio station on 1380 on the a.m. dial. Staff recommends instead of completely changing the street name,this street be designated as an "honorary," naming of "Boy Brown." Such signage will be in a similar fashion to the existing Oaks Historic District signs. At a Joint Public Hearing held on November 21, 2022, the Planning Commission recommended 7:0 to approve the request for a street dedication in honor of William "Boy" Brown. Approval of the ordinance. Minutes—December 6,2022 Mayor Pro Tern Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE DEDICATING THE ENTIRE PORTION OF BOB STREET TO WILLIAM "BOY" BROWN STREET IN BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-071 2. Consider a request for a Rezoning from RCR-H (Residential Conservation Revitalization- Historic) District to RCR(Residential Conservation Revitalization) District with a Specific Use Permit to allow a yoga studio located at 1890 Broadway Street. The applicant, Julian Davila requests a Rezoning from RCR-H (Residential Conservation Revitalization Historic District)to RCR (Residential Conservation Revitalization) District and Specific Use Permit to allow a yoga studio at 1890 Broadway Street. Ms. Davila is the current owner of Love Yoga, which is an existing business on Calder Avenue. She is seeking a larger space within the same area to better serve the community and her existing clientele. The hours of operation will be from 8:30 a.m. to 7:00 p.m., the property has continuous sidewalks, which provides connectivity to all patrons, and twenty (20) existing paved parking spots. There is a new privacy fence along the east property line to provide a buffer to the adjacent apartment complex. Per our City's Comprehensive Plan, the property is considered to be located in a Conservation and Revitalization area. Conservation and Revitalization areas are known to have incompatible land uses, dilapidated structures, and decline in population and need immediate action to prevent continued deterioration. Love Yoga is a.thriving business and for it to be relocated to 1890 Broadway may bolster this area to attract future investments. The land use of a yoga studio appears to fit within the Comprehensive Plan of Beaumont. At a Joint Public Hearing held on November 21, 2022, the Planning. Commission recommended 7:0 to approve the request for a Rezoning from RCR=H. (Residential Conservation Revitalization-Historic) District to RCR (Residential Conservation Revitalization) District with a Specific Use Permit to allow a yoga studio. Approval of the ordinance. Councilmember Samuel moved to ADOPT 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 RCR-H (RESIDENTIAL CONSERVATION REVITALIZATION-HISTORIC) DISTRICT TO RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 1890 BROADWAY STREET,BEAUMONT,JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Turner seconded the motion. Minutes—December 6,2022 AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-072 Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A YOGA STUDIO IN AN RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT AT 1890 BROADWAY STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-073 3. Consider a request for a Rezoning from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District with a Specific Use Permit to allow a veterinarian clinic and kennel located at 2040 N. Dowlen Road. Danny Hurych would like to rezone the property at 2040 N. Dowlen Road from RM-H (Residential Multiple-Family Dwelling-Highest Density) to GC-MD-2 (General Commercial- Multiple-Family Dwelling-2) District with a Specific Use Permit to allow a veterinarian clinic and kennel. Property directly across Dowlen Road is zoned GC-MD-2 and this entire area is chopped up with various zoning districts. The requested zoning will allow for stipulations that will protect the residential properties to the north and east. The comprehensive plan recognizes this area as a stable area. As this is a commercial business located next to 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 must be installed and maintained along the east property line. The buffer will require one (1) class A or two (2) class B trees every twenty-five (25) linear feet along the property line.A six(6)foot wide landscape buffer will be required between parking areas and city right-of-way. The buffer will contain a three (3) foot tall wall, berm, or hedge along with one (1) class A or two (2) class B trees every twenty-five (25) linear feet. In addition, one landscaped island containing one (1) class A or two (2) class B trees will be required for every twenty (20) parking spaces on the property. Signage will require a separate permit. All lighting at the rear of the property will need to be directional and shielded to protect the residential property to the east. To help control sound from the outdoor relief areas, these areas should be enclosed by an eight (8)foot tall wood or masonry fence, and the sidewalk required along Dowlen Road must be a minimum of five (5) feet wide. Minutes—December 6,2022 In addition, detention will be needed to ensure that the proposed runoff of the developed site is equal to that of the pre-developed runoff rate for the 100-yr event using Atlas 14 rainfall data. At a Joint Public Hearing held on November 21, 2022, the Planning Commission recommended 7:0 to approve the request for a Rezoning from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District with a Specific Use Permit to allow a veterinarian clinic,with the following condition: 1. Install landscaping, screening, and irrigation to meet Zoning Ordinance requirements. 2. Install eight (8) foot tall wood or masonry fences around outdoor relief areas. 3. The sidewalk along Dowlen Road must be a minimum of five (5) feet wide. 4. All lighting at the rear of the property must be directional and shielded from residential property to the east. 5. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements of the City's backflow, pre- treatment and/or F.O.G. program. 6. Detention required to ensure that the proposed runoff of the developed site is equal to that of the pre-developed runoff rate for the 100=yr event using Atlas 14 rainfall data. Approval of the ordinance with the following conditions: 1. Install landscaping, screening, and irrigation to meet Zoning Ordinance requirements. 2. Install eight (8) foot tall wood or masonry fences around outdoor relief areas. 3. The sidewalk along Dowlen Road must be a minimum of five (5) feet wide. 4. All lighting at the rear of the property must be directional'and shielded from residential property to the east. 5. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements of the City's backflow, pre- treatment and/or F.O.G. program. 6. Detention required to ensure that the proposed runoff of the developed site is equal to that of the pre-developed runoff rate for the 100-year event using Atlas 14 rainfall data. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OR 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 RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICT TO GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2040 N. DOWLEN ROAD,WITH THE CONDITIONS, Minutes—December 6,2022 BEAUMONT,JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-074 Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A VETERINARIAN CLINIC AND KENNEL IN AN RS (RESIDENTIAL SINGLE-FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED AT 2040 N.DOWLEN ROAD,WITH THE CONDITIONS,IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-075 4. Consider a request for a Specific Use Permit to allow a gaming site in a GD-MD (General Commercial-Multiple Family Dwelling) District located at 2770 College Street. Sajid Lalani has requested a Specific Use Permit to allow a game room at 2770 College Street, suite B, with fifteen (15) gaming machines. The hours of operation for the business would be Monday through Sunday, 12:00 pm to 10:00 pm. Mr. Lalani intends to employ two (2) individuals and one security guard, if needed. It should be noted that gaming facilities that have five (5) or fewer machines are considered to be accessory in nature, when part of a primary use, and as such tend to result in fewer negative impacts on surrounding land uses. However, larger game rooms with dozens of machines require careful consideration as to their location and compatibility with surrounding land uses. Some of these considerations include compatibility with other land uses, noise, and traffic as well as safety considerations. As such, proximity to parks, schools and residential uses should be carefully considered in the review of gaming facilities. This property is immediately adjacent to residential single-family dwellings and within 1,500 feet of Baptist Hospital and Central Park. At a Joint Public Hearing held on November 21, 2022, the Planning Commission recommended 7:0 to deny the request for a Specific Use Permit to allow a gaming site in a GD- MD (General Commercial-Multiple Family Dwelling) District. Denial of the ordinance. Minutes—December 6,2022 Councilmember Samuel moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A GAMING SITE IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2770 COLLEGE STREET IN THE CITY OF BEAUMONT,JEFFERSON COUNTY, TEXAS. Councilmember Neild seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION DENIED 5. Consider a request for a Specific Use Permit to allow the expansion of an existing funeral home in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 1225 S. 7th Street. Freddy Broussard is requesting a Specific Use Permit to allow the expansion of a funeral home at 1225 S. 7th Street. Mr. Broussard would like to build a garage for use by the funeral home. This garage will allow for the storage of up to three (3) vehicles. Access will be from the existing funeral home property. Mr. Broussard states the garage is needed to protect the vehicles from weather, theft, and vandalism. Calvary Mortuary's hours of operation are Monday through Friday, 8:00 a.m. to 5:00 p.m. Hours vary on Saturday and Sunday. At a Joint Public Hearing held on November 21, 2022, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow the expansion of an existing funeral home in a GC-MD (General Commercial-Multiple Family Dwelling) District. Approval of the ordinance. Councilmember Turner moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF AN EXISTING FUNERAL HOME IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED AT 1225 S. 7TH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Durio seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-076 6. Consider a request for a Specific Use Permit to allow three duplexes on three adjacent lots in an RS (Residential Single-Family Dwelling) District located at 3320 Kipling Drive. Brenda Mendez is requesting a Specific Use Permit to allow duplexes on three (3) lots at 3320 Kipling Drive. The property is located at the dead end of Kipling Drive and is surrounded by single family homes. Minutes—December 6,2022 As these duplexes 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) call A or two (2) class B trees every twenty-five (25) linear feet along the property line. The existing house is red tagged. A work program will need to be signed by the applicant and all work completed/Certificate of Occupancy issued, prior to issue of permits for construction of the other two (2) structures. At a Joint Public Hearing held on November 21, 2022, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow three (3) duplexes on three (3) adjacent lots in an RS (Residential Single-Family Dwelling) District, with the following conditions: 1. Install landscaping and screening to meet Zoning Ordinance requirements. 2. Must sign a work program and obtain a Certificate of Occupancy for the existing structure before permits may be issued or construction may begin for the other two (2) structures. Approval of the ordinance with the following conditions: 1. Install landscaping and screening to meet Zoning Ordinance requirements. 2. Must sign a work program and obtain a Certificate of Occupancy for the existing structure before permits may be issued or construction may begin for the other two (2) structures. Councilmember Neild moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THREE (3) DUPLEXES ON THREE (3) ADJACENT LOTS IN AN RS (RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3320 KIPLING STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION DENIED 7. Consider a request for a Specific Use Permit to allow two dwellings on one property in an RS (Residential Single-Family Dwelling) District located at 8325 Morgan Lane. Tory Wingate has requested a Specific Use Permit to allow two dwellings on the property located at 8325 Morgan Lane. In 2013 a permit was pulled to allow an accessory garage addition for the property. When inspectors arrived at the property, it was discovered that much more than a garage had been added. An entire house had been constructed without permits. As the property is located in RS (Residential Single-Family Dwelling) District, only one dwelling is permitted by right on each lot that meets city standards. A stop work order was issued. No power was released to the structure and no certificate of completion was Minutes—December 6,2022 issued. In 2018 it was discovered that additions were being constructed, again with no permits. A second stop work order was issued. This property is in an RS District and as such will only be permitted one meter for each utility. All utilities for the second structure must extend from the existing house. At a Joint Public Hearing held on November 21, 2022, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow two (2) dwellings on one property in an RS (Residential Single-Family Dwelling) District, with the following conditions: . 1. All utilities for the second structure must extend from the existing house. 2. All structures must meet all building and fire codes and receive a Certificate of Occupancy. 3. The second structure must not become a rental unit. Approval of the ordinance with the following conditions: 1. All utilities for the second structure must extend from the existing house. 2. All structures must meet all building and fire codes and receive a Certificate of Occupancy. 3. The second structure must not become a rental unit. Councilmember Getz made a motion, the motion failed due to a lack of a second. Councilmember Samuel made a motion that the item be denied with a second by Councilmember Turner. After further discussion both Councilmembers Samuel and Turner withdrew their motion and second. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW TWO(2)DWELLINGS ON ONE(1)PROPERTY IN AN RS(RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 8325 MORGAN LANE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-077 8. Consider a request for a Specific Use Permit to allow the parking of vehicles with a rated carrying capacity in excess of two tons on undeveloped property in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 5457 Fannett Road. Minutes—December 6,2022 Hani Tohme on behalf of Taz Services, L.L.C., has requested a Specific Use Permit to allow commercial truck parking at 5457 Fannett Road. Plans are to lay gravel and construct an 8,000 square foot structure for oil changes and general maintenance of the trucks. As this property is located adjacent to 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 must be installed and maintained along the east property line. The buffer will require one (1) class A or two (2) class B trees every twenty-five (25) linear feet along the property line.A six(6)foot wide landscape buffer will be required between parking areas and city right-of-way. The buffer will contain a three (3) foot tall wall, berm, or hedge along with one (1) class A or two (2) class B trees every twenty-five (25) linear feet. In addition, one landscaped island containing one (1) class A or two (2) class B trees will be required for every twenty (20) parking spaces on the property. Gravel must remain at least two (2) feet from side property lines. All lighting provided must be directional and shielded to protect the residential properties located to the east, and a five (5) foot wide sidewalk will be required along Fannett Road for the width of the property. Ditch 108-Al begins at the rear of this property and flows southwest before connecting to Ditch 108 and outfalling at Hillebrandt Bayou. This ditch needs to be considered so as not to negatively impact the drainage. Due to this area being prone to flooding, detention will be required to ensure that the runoff rate of the developed site is equal to that of the existing site runoff for the 100-yr event using Atlas 14 rainfall data. At a Joint Public Hearing held on November 21, 2022, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow the parking of vehicles with a rated carrying capacity in excess of two (2)tons on undeveloped property in a GC-MD (General Commercial-Multiple Family Dwelling) District, with the following conditions: 1. Install landscaping, screening and irrigation to meet Zoning Ordinance requirements. 2. Gravel must remain two (2) feet from side property lines. 3. Install a five (5) foot wide sidewalk for the width of the property along Fannett Road. 4. All lighting to be directional and shielded from properties to the east. 5. Provide on-site detention. 6. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements of the City's backflow, pre- treatment and/or F.O.G. program. 7. Add ADA compliant parking. Approval of the ordinance with the following conditions: 1. Install landscaping, screening and irrigation to meet Zoning Ordinance requirements. 2. Gravel must remain two (2) feet from side property lines. Minutes—December 6,2022 3. Install a five (5) foot wide sidewalk for the width of the property along Fannett Road. 4. All lighting to be directional and shielded from properties to the east. 5. Provide on-site detention. 6. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements of the City's backflow, pre- treatment and/or F.O.G. program. 7. Add ADA compliant parking. Mayor Pro Tem Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE PARKING OF VEHICLES WITH RATED CARRYING CAPACITY IN TEXAS IN EXCESS OF TWO (2) TONS ON UNDEVELOPED PROPERTY IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 5457 FANNETT ROAD, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-078 9. Consider a request for a Specific Use Permit to allow a duplex in an RS (Residential Single- Family Dwelling) District located at 867 Ewing Street. Gerardo Sifuentes is requesting a Specific Use Permit to allow a duplex at 867 Ewing Street. 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 must be installed and maintained along the west 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. In addition, the existing sidewalk At a Joint Public Hearing held on November 21, 2022, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a duplex in an RS (Residential Single-Family Dwelling) District, with the following conditions: 1. Install landscaping and screening to meet Zoning Ordinance requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment and/or F.O.G. program. Approval of the ordinance with the following conditions: 1. Install landscaping and screening to meet Zoning Ordinance requirements. Minutes—December 6,2022 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements of the City's backflow, pre- treatment and/or F.O.G. program. Councilmember Neild made a motion to deny, with a second by Councilmember Feldschau. After further discussion Councilmembers Neild and Feldschau withdrew their motion and second. Councilmember Getz moved to ADOPT 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 867 EWING STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT,JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Durio seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-079 10. Consider a request for a Specific Use Permit to allow a loan business in an RCR(Residential Conservation Revitalization) District located at 2880 Concord Road. Francis Lee is requesting a Specific Use Permit to allow a loan business at 2880 Concord Road. Tower Loan originates and collects installment loans between $4,000 and $25,000. Business hours are Monday through Friday, 8:30 a.m. to 5:30 p.m. As this property is adjacent to an RS (Residential Single-Family Dwelling) District to the north, an eight (8) foot tall wood or masonry screening fence will be required for the width of the property. Lighting will need to be directional and screened from the adjacent residential district. In addition, the parking layout shown on the site plan is unacceptable. A revised parking layout will need to be submitted per city standards. At a Joint Public Hearing held on November 21, 2022, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a loan business in an RCR (Residential Conservation Revitalization) District, with the following conditions: 1. Install an eight (8) foot tall wood or masonry fence along the north property line. 2. Lighting must be directional and shielded from the adjacent residential district. 3. Revise parking layout per city standards. 4. Bring sign into compliance. Approval of the ordinance with the following conditions: 1. Install an eight (8) foot tall wood or masonry fence along the north property line. Minutes—December 6,2022 2. Lighting must be directional and shielded from the adjacent residential district. 3. Revise parking layout per city standards. 4. Bring sign into compliance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A LOAN BUSINESS IN AN RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 2880 CONCORD ROAD, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-080 11. Consider a request for the abandonment of the alleyway in Block 57 of the Van Wormer Addition. Husain Dadabhoy, Pawan Kumar and Ahmed Vaid are requesting the abandonment of the alleyway in Block 57 of the Van Wormer Addition. The applicants own the proposed Beaumont Recycling Center at 565 Orange Street and have purchased the property on both sides of an existing twenty (20) foot wide alley. There is a sanitary sewer line crossing the east end of the alley. A Specific Use Permit will be required for a recycling center in an LI (Light Industrial) District prior to any construction permits or a Certificate of Occupancy being issued. This item was sent to all interested parties with no responses in opposition. At a Joint Public Hearing held on May 16, 2022, the Planning Commission recommended 6:0 to approve the request for an abandonment of a portion of the alleyway in Block 57 of the Van Wormer Addition, with the following condition: 1. If approved, the applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense.Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on the City Council's agenda. All required items for the condition have been submitted. Approval of the ordinance. 1. If approved, the applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense.Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on the City Council's agenda. Minutes—December 6,2022 Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING A 20-FOOT-WIDE ALLEY IN BLOCK 57 OF THE VAN WORMER ADDITION BETWEEN NORTHEAST RIGHT-OF- WAY LINE OF ORANGE AVENUE AND SOUTHWEST RIGHT-OF-WAY OF VICTORIA STREET, WITH THE CONDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-081 12. Consider a request for an abandonment of a portion of the alleyway in Block G, Southerland Addition. Applicant, Kayla Koch, is requesting the abandonment to a portion of the alleyway within the 5100 block between Pennock and Sutherland Streets. Ms. Koch is preparing to sell the five (5) lots located at 5175 Pennock Street. Lots seven (7) through nine (9), west of 5175 Pennock Street may only be accessed by boat at this time. Approval of this request will allow the five (5) lots to have access to Pennock Street and could be developed as a unit under a common development plan. At a Joint Public Hearing held on November 21, 2022, the Planning Commission recommended 7:0 to approve the request for an abandonment of a portion of the alleyway in Block G, Southerland Addition, with the following conditions: 1. Elevation Certificates will be required for construction on the property. 2. Centerpoint Energy shall retain a 10' easement to accommodate future needs to install a gas pipeline. 3. Future utilities shall be placed along the frontage right-of-way. 4. Any further development of these lots must have adequate frontage on an improved street maintained by the city. 5. If approved, the applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense.Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on the City Council's agenda. Approval of the ordinance with the following conditions: 1. Elevation Certificates will be required for construction on the property. 2. Centerpoint Energy shall retain a 10' easement to accommodate future needs to install a gas pipeline. Minutes—December 6,2022 3. Future utilities shall be placed along the frontage right-of-way. 4. Any further development of these lots must have adequate frontage on an improved street maintained by the city. 5. If approved, the applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense.Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on the City Council's agenda. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING AN 90' x 20' PORTION OF THE ALLEY LOCATED IN BLOCK G OF THE SOUTHERLAND ADDITION,WITH THE CONDITIONS,BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Getz, seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-082 13. Consider a request to abandon a portion of Sabine Pass Avenue between Blanchette Street and Emmett Avenue. The City of Beaumont, on behalf of Port of Beaumont, is requesting the abandonment of Sabine Pass Avenue between Blanchette Street and Emmett Avenue. The Port of Beaumont is preparing to expand their existing Buford Rail Yard Interchange Track to increase the efficiency of operations and adjust to the growing infrastructure needs associated with moving goods and services to and from the Port. Approval of this request will be paired with a property swap for the City to acquire land near Riverfront Park as part of a larger interlocal agreement between the City and the Port. Note, a natural gas pipeline does exist and runs along Sabine Pass Avenue. At a Joint Public Hearing held on November 21, 2022, the Planning Commission recommended 7:0 to approve the request to abandon a portion of Sabine Pass Avenue, with the following conditions: 1. Retain the abandoned street right-of-way as a drainage and utility easement. 2. The existing streetlights would become security lights within private property upon. approval of the abandonment. Security lighting is optional, and therefore, billing for continued usage shall transfer ownership to the developer or the lights shall be removed. Approval of the ordinance with the following conditions: 1. Retain the abandoned street right-of-way as a drainage and utility easement. Minutes—December 6,2022 2. The existing streetlights would become security lights within private property upon approval of the abandonment. Security lighting is optional, and therefore, billing for continued usage shall transfer ownership to the developer or the lights shall be removed. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING A PORTION OF SABINE PASS AVENUE BETWEEN BLANCHETTE STREET AND EMMETT AVENUE, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; AND RETAINING A GENERAL UTILITY EASEMENT WITH AN ADDITIONAL CONDITION THAT#3 THE PORT OF BEAUMONT CONVEY TO THE CITY THE APPROXIMATELY 6.7 ACRES OF PROPERTY (UNUSED PORTION OF THE FORMER RAIL YARD) LOCATED BETWEEN THE BEAUMONT CIVIC CENTER AND RIVERFRONT PARK. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-083 14. Consider an ordinance denying Entergy Texas, Inc.'s proposed rate increase. On July 1,2022, Entergy Texas, Inc. (ETI) filed a Statement of Intent and Application for Authority to Change Rates (Application). ETI's Application was filed with the municipal regulatory authorities that have original ratemaking jurisdiction over electric rates. The increase was intended to become effective on August 5,2022. On July 19, 2022, the.Council adopted an ordinance to suspend the rate increase for a period of ninety (90) days or until November 3, 2022, to allow for review by the City's experts. ETI requested an increase of approximately $131.4 million, which represents an average 11.2% increase across all customer classes. This proposed rate increase would result in a monthly increase of$13.50 for the average residential customer using 1,000 kWh per month. Based on the findings of the City's expert rate consultants retained to review ETI's rate request the city has been advised to adopt an ordinance to deny ETI's Application. The reasonable expenses associated with rate cases are reimbursable by the company. Approval of ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE BY THE CITY OF BEAUMONT,TEXAS, DENYING ENTERGY TEXAS, INC'S STATEMENT OF INTENT AND APPLICATION FOR AUTHORITY TO CHANGE RATES FILED ON JULY 1, 2022; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Mayor Pro Tem Durio seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Minutes—December 6,2022 Ordinance 22-084 15. Consider authorizing the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to Elite Contractors and Equipment LTD for the Fleet Management Parking Lot Reconstruction Project Phase II. On February 15, 2022, by Resolution No. 22-057, the City Council awarded a contract to Elite Contractors and Equipment LTD, of Kirbyville, Texas, in the amount of$1,584,104.00, for the Fleet Management Parking Lot Reconstruction Project— Phase II. Previous Change Order No. 1, had no dollar amount. Proposed Change Order No. 2, in the amount of$466.00, is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved, the adjustment in quantities would result in a final contract amount of $1,584,570.00. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Change Order No. 2, maintenance, and final payment in the amount of$86,822.70 is recommended. Funds will come from the Capital Program. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION CHANGE ORDER NO. 2, IN THE AMOUNT OF $466.00, IS REQUIRED TO ADJUST THE ESTIMATED QUANTITIES IN THE CONTRACT TO REFLECT THE ACTUAL QUANTITIES USED IN THE COMPLETION OF THE PROJECT,THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $1,584,570.00; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO.2,IN THE AMOUNT OF$466.00 AND THEREBY INCREASING THE CONTRACT AMOUNT TO$1,584,570.00 FOR THE FLEET MANAGEMENT PARKING LOT RECONSTRUCTION PROJECT PHASE II. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 22-315 16. Consider authorizing the City Manager to enter into an agreement with Helms Pipe Organ Builders to upgrade the Jefferson Theatre Robert-Morton Organ located at 345 Fannin Street. The City Council approved, by Resolution No. 22-305, the acceptance of grant funding from the Mamie McFaddin Ward Heritage Foundation, managed by Hancock Whitney, in the amount of $150,000.00, for the restoration and enhancement of the Jefferson Theatre's Robert-Morton Organ. _A proposal to upgrade the Jefferson Theatre Robert-Morton Organ has been submitted by Helms Pipe Organ Builders in the amount of $150,000.00 for the Minutes—December 6,2022 transportation, restoration, and installation costs of the upgrade. In addition, Helms Pipe Organ Builders will be donating the additional instruments and related pipes at no cost to the City of Beaumont. The estimated value of the donated items is estimated at $150,000.00. This upgrade will result in a 100% increase in potential power and newly found richness and balance of tone to the already astonishing sound the organ currently produces. Helms Pipe Organ Builders performed the latest renovation and repairs to the organ and are considered the best value contractor for the project due to the specialized knowledge required to restore a Robert Morton Organ and the generous donation of components to make the upgrade complete. Funds will come from the Mamie McFaddin Ward Heritage Foundation and Helms Pipe Organ Builders Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH HELMS PIPE ORGAN BUILDERS OF HOUSTON, TEXAS, IN THE AMOUNT OF $150,000.00 FOR THE TRANSPORTATION, RESTORATION, AND THE INSTALLATION COST OF THE UPGRADE TO THE JEFFERSON THEATRE ROBERT-MORGAN ORGAN. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 22-316 17. Consider authorizing the City Manager to execute an Industrial District Agreement with Slamback. Industrial District Agreements enable the city to collect payments in lieu of taxes from industries located outside the city limits but within the extra territorial jurisdiction of the city. The city currently has an agreement with Slamback that will expire December 31, 2022. The new agreement will be effective January 1, 2023. The in-lieu of tax payment will be based on a ratio of 80% of property taxes due to the City as if the industry were located within the city limits in 2023 through 2025 and 75% of property taxes due to the City in 2026 through 2029. The 2023 payment will be calculated based on 80% of the assessed value multiplied by the tax rate effective on October 1, 2022, or $0.695 per $100 of assessed valuation.. Payments will be due to the City by February 1st of each year. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH SLAMBACK PARTNERS, TO ENABLE THE CITY TO COLLECT PAYMENTS IN LIEU OF TAXES FROM INDUSTRIES Minutes—December 6,2022 LOCATED OUTSIDE.OF THE CITY LIMITS, BUT WITHIN THE EXTRA TERRITORIAL JURISDICTION OF THE CITY. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 22-317 18. Consider authorizing the City Manager. to execute an Industrial District Agreement with Goodyear. Industrial District Agreements enable the city to collect payments in lieu of taxes from industries located outside the city limits but within the extra territorial jurisdiction of the city. The city currently has an agreement with Goodyear that will expire December 31, 2022. The new agreement will be effective January 1, 2023. The in-lieu of tax payment will be based on a ratio of 80% of property taxes due to the City as if the industry were located within the city limits in 2023 through 2025 and 75% of property taxes due to the City in 2026 through 2029. The 2023 payment will be calculated based on 80% of the assessed value multiplied by the tax rate effective on October 1, 2022, or $0.695 per $100 of assessed valuation. Payments will be due to the City by February 1st of each year. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH GOODYEAR, TO ENABLE THE CITY TO COLLECT PAYMENTS IN LIEU OF TAXES FROM INDUSTRIES LOCATED OUTSIDE OF THE CITY LIMITS, BUT WITHIN THE EXTRA TERRITORIAL JURISDICTION OF THE CITY. Mayor Pro Tem Durio seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 22-318 19. Consider authorizing the City Manager to execute an Industrial District Agreement with Energy Transfer Spindletop LLC. Industrial District Agreements enable the city to collect payments in lieu .of taxes from industries located outside the city limits but within the extra territorial jurisdiction of the city. The city currently has an agreement with Coastal Caverns which has been acquired by Energy Transfer Spindletop that will expire December 31, 2022. The new agreement will be effective January 1, 2023. The in-lieu of tax payment will be based on a ratio of 80% of Minutes—December 6,2022 property taxes due to the City as if the industry were located within the city limits in 2023 through 2025 and 75% of property taxes due to the City in 2026 through 2029. The 2023 payment will be calculated based on 80% of the assessed value multiplied by the tax rate effective on October 1, 2022, or $0.695 per $100 of assessed valuation. Payments will be due to the City by February 1st of each year. Approval of the resolution. Councilmember Felschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH ENERGY TRANSFER SPINDLETOP,LLC.,TO ENABLE THE CITY TO COLLECT PAYMENTS IN LIEU OF TAXES FROM INDUSTRIES LOCATED OUTSIDE OF THE CITY LIMITS, BUT WITHIN THE EXTRA TERRITORIAL JURISDICTION OF THE CITY. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 22-319 20. Consider authorizing the City Manager to execute an Industrial District Agreement with DCP Southeast Texas Plant, LLC. Industrial District Agreements enable the city to collect payments in lieu of taxes from industries located outside the city limits but within the extra territorial jurisdiction of the city. The city currently has an agreement with DCP Southeast Texas Plant, LLL., that will expire December 31, 2022. The new agreement will be effective January 1, 2023. The in-lieu of tax payment will be based on a ratio of 75% of property taxes due to the City as if the industry were located within the city limits in 2023 through 2025 and 75% of property taxes. due to the City in 2026 through 2029. The 2023 payment will be calculated based on 80% of the assessed value multiplied by the tax rate effective on October 1, 2022, or $0.695 per $100 of assessed valuation. Payments will be due to the City by February, 1st of each year. Approval of the resolution. Mayor Pro Tern Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH DCP SOUTHEAST TEXAS PLANT, LLC., TO ENABLE THE CITY TO COLLECT PAYMENTS IN LIEU OF TAXES FROM INDUSTRIES LOCATED OUTSIDE OF THE CITY LIMITS, BUT WITHIN THE EXTRA TERRITORIAL JURISDICTION OF THE CITY. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Minutes—December 6,2022 Resolution 22-320 Councilmember Samuel left the meeting at 7:02 p.m. 21. Consider authorizing the City Manager to execute an Industrial District Agreement with Chemtrade Refinery Services, Inc. Industrial District Agreements enable the city to collect payments in lieu of taxes from industries located outside the city limits but within the extra territorial jurisdiction of the city. The city currently has an agreement with Chemtrade Refinery Services, Inc., that will expire December 31, 2022. The new agreement will be effective January 1, 2023. The in-lieu of tax payment will be based on a ratio of 80% of property taxes due to the City as if the industry were located within the city limits in 2023 through 2025 and 75% of property taxes due to the City in 2026 through 2029. The 2023 payment will be calculated based on 80% of the assessed value multiplied by the tax rate effective on October 1, 2022, or $0.695 per $100 of assessed valuation. Payments will be due to the City by February 1st of each year. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH CHEMTRADE REFINERY SERVICES INC., TO ENABLE THE.CITY TO COLLECT PAYMENTS IN LIEU OF TAXES FROM INDUSTRIES LOCATED OUTSIDE OF THE CITY LIMITS, BUT WITHIN THE EXTRA TERRITORIAL JURISDICTION OF THE CITY. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU,AND NEILD NAYS: NONE MOTION PASSED Resolution 22-321 Councilmember Samuel returned to the meeting at 7:03 p.m. 22. Consider authorizing the City Manager to execute an Industrial District Agreement with Centana Intrastate Pipeline, LLC. Industrial District Agreements enable the city to collect payments in lieu of taxes from industries located outside the city limits but within the extra territorial jurisdiction of the city. The city currently has an agreement with Centana Intrastate Pipeline, LLC., that will expire December 31, 2022. The new agreement will be effective January 1, 2023. The in-lieu of tax payment will be based on a ratio of 80% of property taxes due to the City as if the industry were located within the city limits in 2023 through 2025 and 75% of property taxes due to the City in 2026 through 2029. The 2023 payment will be calculated based on 80% of the assessed value multiplied by the tax rate effective on October 1, 2022, or $0.695 per $100 of assessed valuation. Payments will be due to the City by February 1st of each year. Minutes—December 6,2022 Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH CENTANA INTRASTATE PIPELINE, LLC., TO ENABLE THE CITY TO COLLECT PAYMENTS IN LIEU OF TAXES FROM INDUSTRIES LOCATED OUTSIDE OF THE CITY LIMITS, BUT WITHIN THE EXTRA TERRITORIAL JURISDICTION OF THE CITY. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 22-322 23. Consider authorizing the City Manager to execute an Industrial District Agreement with Exxon Mobil. Industrial District Agreements enable the city to collect payments in lieu of taxes from industries located outside the city limits but within the extra territorial jurisdiction of the city. The city currently has an agreement with Exxon Mobil that will expire December 31, 2022. The new agreement will be effective January 1, 2023. The in-lieu of tax payment will be based on a ratio of 80% of property taxes due to the City as if the industry were located within the city limits in 2023 through 2025 and 75% of property taxes due to the City in 2026 through 2029. The 2023 payment will be calculated based on 80% of the assessed value multiplied, by the tax rate effective on October 1, 2022, or $0.695 per $100 of assessed valuation. Payments will be due to the City by February 1st of each year. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH EXXON MOBIL, TO ENABLE THE CITY TO COLLECT PAYMENTS IN LIEU OF TAXES FROM INDUSTRIES LOCATED OUTSIDE OF THE CITY LIMITS, BUT WITHIN THE EXTRA TERRITORIAL JURISDICTION OF THE CITY. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU AND SAMUEL NAYS: NONE ABSTAIN: COUNCILMEMBER NEILD MOTION PASSED Resolution 22-323 24. Consider authorizing the City Manager to execute an Industrial District Agreement with Entergy. Minutes—December 6,2022 Industrial District Agreements enable the city to collect payments in lieu of taxes from industries located outside the city limits but within the extra territorial jurisdiction of the city. The city currently has an agreement with Entergy that will expire December 31, 2022. The new agreement will be effective January 1, 2023. The in-lieu of tax payment will be based on a ratio of 80% of property taxes due to the City as if the industry were located within the city limits in 2023 through 2025 and 75% of property taxes due to the City in 2026 through 2029. The 2023 payment will be calculated based on 80% of the assessed value multiplied by the tax rate effective on October 1, 2022, or $0.695 per $100 of assessed valuation. Payments will be due to the City by February 1st of each year. Approval of the resolution. Mayor Pro Tern Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH ENTERGY TEXAS INC., TO ENABLE THE CITY TO COLLECT PAYMENTS IN LIEU OF TAXES FROM INDUSTRIES LOCATED OUTSIDE OF THE CITY LIMITS, BUT WITHIN THE EXTRA TERRITORIAL JURISDICTION OF THE CITY. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 22-324 25. Consider authorizing the City Manager to execute an Industrial District Agreement with International Brotherhood of Electrical Workers (IBEW). Industrial District Agreements enable the city to collect payments in lieu of taxes from industries located outside the city limits but within the extra territorial jurisdiction of the city. The city currently has an agreement with the International Brotherhood of Electrical Workers (IBEW)that will expire December 31, 2022. The new agreement will be effective January 1, 2023. The in-lieu of tax payment will be based on a ratio of 80% of property taxes due to the City as if the industry were located within the city limits in 2023 through 2025 and 75% of property taxes due to the City in 2026 through 2029. The 2023 payment will be calculated based on 80% of the assessed value multiplied by the tax rate effective on October 1, 2022, or$0.695 per$100 of assessed valuation. Payments will be due to the City by February 1st of each year. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (IBEW) TO ENABLE THE CITY TO COLLECT PAYMENTS IN LIEU OF TAXES FROM INDUSTRIES LOCATED OUTSIDE OF THE CITY LIMITS, BUT WITHIN THE EXTRA TERRITORIAL JURISDICTION OF THE CITY. Mayor Pro Tem Durio seconded the motion. Minutes—December 6,2022 AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 22-325 WORK SESSION Review and discuss Economic Development Concepts, Alternatives and Implementation Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - NONE COUNCILMEMBER SAMUEL- NONE COUNCILMEMBER FELDSCHAU - THANKED THE CITY MANAGER FOR THE PRESENTATION, IT WAS WELL DONE COUNCILMEMBER TURNER- STATED THAT CITIZENS HAVE QUESTIONS REGARDING THE EMPTY HEB BUILDING ON E. LUCAS AND THE DEED RESTRICTION, THE BUILDING IS AN EYE SORE IN THE NORTH END, STATED THAT BEFORE HE BECAME A COUNCILMEMBER HE SAW WHERE COUNCILMEMBER SAMUEL FOUGHT AGAINST THE DEED RESTRICTION, ASKED THE CITY ATTORNEY IF SHE WOULD SPEAK TO THE DEED RESTRICTION FOR THE BENEFIT OF THE CITIZENS, ALSO STATED THAT ON AUGUST 23, 2022, HE REQUESTED DOCUMENTS FROM STAFF, HE RECEIVED THE DOCUMENTS ON DECEMBER 2,2022,IT HAS TAKEN 102 DAYS TO RECEIVE THE INFORMATION, THIS IS UNACCEPTABLE, IF A CITIZEN REQUESTS SOMETHING THROUGH AN OPEN RECORDS REQUEST THEY RECEIVE THE INFORMATION WITHIN TEN DAYS, MOVING FORWARD IF THERE COULD BE SOME CONSISTENCY THAT WOULD BE GREAT, AS A COUNCILMEMBER IT WAS FAR TOO LONG FOR HIM TO WAIT TO RECEIVE THE DOCUMENTS, FEELS THIS WAS VERY DISRESPECTFUL, COUNCILMEMBER TURNER MADE IT CLEAR THAT HE DIDN'T REQUEST THE DOCUMENTS THROUGH THE NEW CITY MANAGER,THIS IS NOT ON HIM COUNCILMEMBER GETZ- THANKED THE CITY MANAGER FOR THE PRESENTATION, THINKS THAT THE TOOLS THAT HE PRESENTED IN HIS PRESENTATION COULD BE USED SO THAT BEAUMONT COULD BE THAT SHINING STAR Minutes—December 6,2022 MAYOR PRO TEM DURIO - THANKED THE CITY MANAGER FOR THE PRESENTATION,GLAD THERE'S A NEW SET OF EYES THAT CAN LOOK AT THE SAME OLD PROBLEMS AND COME UP WITH NEW SOLUTIONS, THANKED COUNCILMEMBER TURNER FOR ASKING FOR THE PRESENTATION TO BE DONE, HE HAS ASKED FOR THIS IN THE PAST, GLAD THEY FINALLY GET INFORMATION REGARDING ECONOMIC DEVELOPMENT CITY ATTORNEY REED - NONE CITY MANAGER WILLIAMS - NONE PUBLIC WORKS BARTKOWIAK- NONE ASSISTANT CC MANAGER BOONE - NONE CFO SIMONEAUX- THANKED STAFF FOR THE WORK THAT WAS DONE ON THE INDUSTRIAL AGREEMENTS CITY CLERK BROUSSARD- NONE MAYOR MOUTON - THANKED EVERYONE FOR COMING OUT TO THE MEETING, HOPED THAT EVERYONE HAD A GREAT THANKSGIVING, ALSO THANKED THE BEAUMONT POLICE DEPARTMENT, STATED THAT MR. EDWARD PHILLIPS WENT MISSING OVER A YEAR AGO, HIS BODY WAS FOUND ON SUNDAY NIGHT, GAVE CONDOLENCES TO THE FAMILY OF MR. PHILLIPS WHO NOW HAS CLOSURE, ASKED THAT EVERYONE KEEP THE FAMILY IN PRAYER,THANKED CITY MANAGER WILLIAMS FOR THE GREAT ECONOMIC DEVELOPMENT PRESENTATION,THINKS THAT THE CITY HAS THE RIGHT SET OF EYES AND A NEW CITY MANAGER TO LEAD THE CITY IN THE RIGHT DIRECTION, ASKED THAT EVERYONE GO OUT AND SPREAD THE LOVE Open session of meeting recessed at 7:53 p.m. EXECUTIVE SESSION * Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551. eQovernment Code, to wit: Riverfront Project R n Mouton, M yor Fh - ",11 � Tina Broussard, City Clerk Minutes—December 6,2022 • A 11 STENTION AFFIDAVIT • THE STATE OF TEXAS § • COUNTY OF :JEFFERSON § • I, ) of I v r Kj e. L� , as a member of the'.I M (City Counci), Commission, or Board) ake this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, hay a substantial int rest in a business entity that would be peculiarly affected by a vote or decision of the tjQU,V,M.O YL t (City Council, Commission, or Board) as those terms are defined in V.T.C.A., • Local Government Code, § 171.002. • c '/� . I r �n The business entity is: C ) n r ' 'Db i ` u iI �o -`� 'm 4*. °n ""�- � i�� (Name) cx ol�.nd°`) F. o.&x5s, )/ k- TcL (Address) ("I," or name of relative and relationship 7 e : have/has a substantial interest in this business entity for the following reasons: (ch ck 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 any further participation on this matter whatsoever. Signed this the VIA day of JLQ .QA'YI h , 20c . . • S' ure of 6fficial Lune,' I men her Wardi Title BEFORE ME, undersigned1U' ItYr the authority, on this day personally appearedC' and on oath stated that the facts hereinabove stated are true to the best of his/h r knowledge or belief. SWORN to and subscribed before me o is,the day offer , 20:,/ 44 OA "� w TINA G. BROUSSARD Notary Public in and for the Sate of Texas a4;� =Notary Public,State of Texas � Comm.Expires 01-12-2027 ,,`, Notary ID 11435119