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HomeMy WebLinkAbout10/17/2023 PACKET REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, OCTOBER 17, 2023 5:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Persons may speak on the Consent Agenda and Regular Agenda items 1-3 (or any other topic). Items 4-6 have already been heard in a Public Hearing. CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Council to consider approving the October 10, 2023, City Council Meeting Minutes. B. Council consider a resolution approving an annual maintenance agreement from SoftwareOne, Inc. of Milwaukee, WI for Microsoft Office 365 that is used by all city departments. C. Council Consider a resolution approving a contract for collection services for Municipal Court. D. Council consider a resolution authorizing the City Manager to execute an Earnest Money Contract and other related documents to purchase two tracts of property from Mount Gilead Missionary Baptist Church. E. Council to consider appointments to the Community Development Advisory Committee. F. Council to consider appointments to the Historic Landmark Commission. G. Council to consider appointments to the Library Commission. H. Council to consider appointments to the Parks and Recreation Advisory Committee. I. Council to consider appointments to the Police Department Community Advisory Committee. J. Council to consider the appointments to the Planning and Zoning Commission. K. Council to consider appointments to the Convention and Tourism Advisory Board. REGULAR AGENDA 1. Council consider a resolution approving the purchase of Axon TASER® energy weapons and accessories from Axon Enterprise, Inc. of Scottsdale, Arizona for use by the Police Department. 2. Council consider a resolution authorizing a contract with SETEX Construction Corp., of Beaumont, for the Citywide Emergency Water Main Repairs III. 3. Council approve a resolution for the immediate repair of an excavator utilized by Solid Waste. 4. Council consider a request for an Amended Specific Use Permit to allow a residential care facility in the RM-H (Residential Multiple Family-Highest Density) District for property located at 1094-1098 Cottonwood Street. 5. Council consider a request for a Specific Use Permit to allow a multi-family development in the CBD (Central Business District) District for property located at 704 Neches Street. 6. Council consider a request for the closure of access to Interstate 10 East Feeder Road from 8th and 9th Streets. PUBLIC HEARING Receive comments regarding the City’s Emergency Management Plan COUNCIL COMMENTS ADJOURNMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at (409) 880-3777. A TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Tina Broussard, City Clerk MEETING DATE:October 17, 2023 REQUESTED ACTION:Council to Consider approving the October 10, 2023, City Council Meeting Minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the minutes. ATTACHMENTS Minutes - October 10, 2023 Minutes – October 10, 2023 MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert “A.J.” Turner, Mayor Pro Tem ROY WEST, MAYOR Randy Feldschau, At-Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III October 10, 2023 Chris Durio, Ward IV Tina Broussard, City Clerk Kenneth R. Williams, City Manager Sharae Reed, City Attorney The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on October 10, 2023, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Proclamations, Presentation and Recognition – Presentation to Report on Recent Years of Grant Applications and the Direction of the Application Process Moving Forward Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-8 (or any other topic). Items 9, 11 & 12 have already been heard in a Public Hearing Mayor West called the council meeting to order at 1:30 p.m. Reverend Tory Doucette with New Birth Baptist Church gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tem Turner, Councilmembers Durio, Feldschau, Samuel and Neild. Absent: Councilmember Getz. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition “Domestic Violence Awareness Month” – October 2023 – Proclamation read by Tina Broussard, City Clerk Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-8 (or any other topic). Items 9-14 have already been heard in a Public Hearing. (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) 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.) Minutes – October 10, 2023 A. Council to consider approving the September 26, 2023, City Council Meeting Minutes. B. Council to consider a resolution approving multiple contracts for the purchase of traffic marking materials – Resolution 23-270 C. Council to consider a resolution approving the purchase of miscellaneous equipment for use in various City Departments – Resolution 23-271 D. Council to consider a resolution approving the purchase of two new ambulance boxes – Resolution 23-272 E. Council to consider a resolution approving the purchase of one Wheeled Paver for use in the Public Works Department – Resolution 23-273 F. Council to consider a resolution approving the purchase of one excavation trailer for use in the Public Works Department – Resolution 23-274 G. Council to consider a resolution authorizing the purchase of two garbage trucks and two grapple trucks for use in the Solid Waste Division – Resolution 23-275 H. Council to consider a resolution authorizing the purchase of one vacuum truck for use in the Streets and Drainage Division – Resolution 23-276 I. Council to consider a resolution approving the purchase of twelve (12) golf carts for use at the Henry Homberg Golf Course – Resolution 23-277 J. Council to consider a resolution approving the purchase of two Chevy Silverado 1500 trucks for use in the Police Department – Resolution 23-278 K. Council to consider a resolution approving a two-year contract with capitol Appraisal Group, LLC., for the identification of all industrial properties within the City’s Extra Territorial Jurisdiction (ETJ) – Resolution 23-279 L. Council to consider a resolution approving the renewal of an annual maintenance agreement with Systemates, Inc., of Richardson, TX – Resolution 23-280 M. Council to consider a resolution approving the nrewal of an annual maintenance agreement with CentralSquare Technologies of Lake Mary FL for use by all city departments – Resolution 23-281 N. Council to consider a resolution authorizing the granting of a Pipeline License Agreement within the City of Beaumont – Resolution 23-282 O. Council to consider a resolution approving the renewal of an annual maintenance agreement with Benteck, Inc., of Palm Beach Gardens, FL for use in all city departments – Resolution 23-283 P. Council to consider a resolution authorizing the granting of a Pipeline License Agreement for a 20” propane pipeline within the City of Beaumont – Resolution 23-284 Minutes – October 10, 2023 Councilmember Neild moved to approve the Consent Agenda excluding Item Q. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED Q. Council to consider a resolution approving an increase in base wages and additional compensation for the City Manager, City Attorney, City Clerk, and the Chief Magistrate – Resolution 23-285 Councilmember Samuel moved to approve Consent Agenda Item Q. Mayor Pro Tem Turner seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, SAMUEL AND NEILD NAYS:COUNCILMEMBER FELDSCHAU MOTION PASSED REGULAR AGENDA 1. Council to consider approving an ordinance establishing the Beaumont Municipal Court as a court of record. (Item tabled for thirty (30) days) On May 23, 2023, Assistant City Manager Boone presented to City Council during a work session on "Unsafe Structures -Downtown" avenues that the city could use to improve its enforcement of depilated structures. A key component required that the Beaumont Municipal Court become a court of record. Approval of the ordinance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, AMENDING THE CODE OF THE CITY OF BEAUMONT, AS AMENDED, BY ADDING CHAPTER 3, “MUNICIPAL COURT”; ARTICLE I, “IN GENERAL”, ARTICLE II, “MUNICIPAL COURT JUDGE”, ARTICLE III, “COURT ADMINISTRATOR-CLERK OF MUNICIPAL COURT”, ARTICLE IV, “MUNICIPAL COURT PROSECUTOR: ASSISTANT CITY ATTORNEY”, ARTICLE V, “COURT PROCEDURE”, TO ESTABLISH A MUNICIPAL COURT OF RECORD; TO PROVIDE FOR PURPOSE, JURISDICTION, AND DEFINITIONS; TO PROVIDE FOR THE APPOINTMENT OF A MUNICIPAL COURT JUDGE; TO PROVIDE FOR THE APPOINTMENT OF A COURT CLERK; PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 10, 2023; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. Councilmember Durio seconded the motion. After discussion Councilmember Samuel moved to table this item for thirty (30) days. Councilmember Neild seconded the motion. Minutes – October 10, 2023 AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE ITEM TABLED 2. Council to consider a resolution approving a contract for Wastewater Laboratory Services for use by the Water Utilities Department. Third party commercial analytical testing laboratory services are used for City Wastewater pretreatment testing and Water Production testing for quality control. This is directed by the Environmental Protection Agency (EPA), and the Texas Commission on Environmental Quality (TCEQ). Formal bids were requested from 118 vendors, four responded. North Water District Laboratory Services, of Conroe, submitted the lowest qualified bid in the total amount of $54,150. Pricing reflects a 1.62% decrease in cost. Specifications allow for a one-year contract with the option of two renewals of one-year terms at the same pricing as the awarded contract. Ana-Lab Corporation holds the current contract. Funds will come from the Water Utilities Fund. Approval of Resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT FOR WASTEWATER PRETREATMENT TESTING FOR USE BY THE WATER UTILITIES DEPARTMENT WITH NORTH WATER DISTRICT LABORATORY SERVICES, OF CONROE, TEXAS, IN THE AMOUNT OF $54,150.00. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 23-286 3. Council to consider a resolution approving the write-off of uncollectible water accounts totaling $60,079.39 for which each individual account exceeds $1,000.00. This request is in accordance with the City’s current write-off policy approved by the City Council on December 21, 1999. The policy gives the Council the final authority to write-off an individual account receivable identified as uncollectible with a balance due that exceeds $1,000. All accounts have been terminated for at least one year and collection efforts have been unsuccessful. The termination dates for these accounts range from April 2021 through March 2022. Minutes – October 10, 2023 A customer with a written-off account will not be able to obtain new water service with the city until the delinquent balance has been paid. If at any time it is determined such a customer is associated with a new or an existing account, the written off amount will be reinstated and transferred to that account for payment. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION APPROVING THE WRITE-OFF OF UNCOLLECTIBLE WATER ACCOUNTS TOTALING $60,079.39 FOR WHICH EACH INDIVIDUAL ACCOUNT EXCEEDS $1,000.00. Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 23-287 4. Council to consider authorizing the City Manager to enter into an agreement with Beaumont AG, LP for economic development incentives under the Neighborhood Empowerment Zone Program for the development of an apartment complex at 4390 W. Cardinal Drive. The City established the Empowerment Zone to encourage further development and revitalization within this particular area of Beaumont. The purpose of the zone is to offer economic incentives in this area to attract new businesses and residences as well as encourage the redevelopment or growth of existing businesses and residences. Beaumont AG, LP has requested to receive the following incentives: 1) Building fee waivers (not including tap and meter fees); and 2) Expedited permit review. Beaumont AG, LP is seeking the benefit from Empowerment Zone incentives in order to aid the development of an apartment complex designed for seniors, fifty-five (55) and older. Their plan includes an investment of a newly constructed apartment complex, also known as Abiding Grace, which will generate forty (40) temporary jobs during construction and two (2) permanent jobs for operations. This project received support from the City of Beaumont during the Housing Tax Credit application process. Attached is the application, outlining the requests for all eligible benefits. The Administration believes that this project would meet the goals of the Empowerment Zone Program and the new apartment complex would aid growth in this area. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO AN AGREEMENT WITH BEAUMONT AG, LP FOR ECONOMIC DEVELOPMENT INCENTIVES TO INCLUDE: BUILDING FEE WAIVERS (NOT INCLUDING TAP AND METER FEES) AND EXPEDITED PERMIT REVIEW; UNDER THE NEIGHBORHOOD EMPOWERMENT ZONE Minutes – October 10, 2023 PROGRAM FOR THE DEVELOPMENT OF AN APARTMENT COMPLEX AT 4390 W. CARDINAL DRIVE. Mayor Pro Tem Turner seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 23-288 5. Council to consider a resolution to award HOME ARP (American Resue Plan) funding for the development of non-congregate shelter, tenant based rental assistance and the administration associated with the planning and management of the projects. The American Rescue Plan (ARP) Act of 2021 allocated $1,865,394 in supplemental HOME funding to the City of Beaumont. The appropriate funds are to address the need for homelessness assistance and Tenant Based Rental Assistance. In accordance with the HOME ARP Grant Agreement, the city will use 5% of its total award for administrative and planning costs. Our approved plan includes $1,572,124 for the acquisition & development of non-congregate shelter (NCS) units, $200,000 for Tenant Based Rental Assistance (TBRA), and $93,270 for administration of the programs totaling $1,865,394. Funds will come from the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and HOME Investment Partnership Grant funds. (HOME). Approval of the Resolution. Councilmember Feldshau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO AWARD HOME ARP (AMERICAN RESCUE PLAN) FUNDING IN THE AMOUNT OF $1,865,395.00 FOR THE DEVELOPMENT OF NON-CONGREGATE SHELTER, TENANT BASED RENTAL ASSISTANCE AND THE ADMINISTRATION ASSOCIATED WITH THE PLANNING AND MANAGEMENT OF THE PROJECTS. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 23-289 6. Council to consider a resolution authorizing the City Manager to execute an agreement with CDM Smith, Inc., to continue management of the Municipal Separate Storm Sewer System (MS4) Permit for the City of Beaumont for Fiscal Year 2024. On October 16, 2012, by Resolution No. 12-249, the City Council awarded CDM Smith, Inc., of Houston, an agreement for Professional Engineering Services to manage the Minutes – October 10, 2023 City’s MS4 Permit. The manager of the permit conducts dry and wet weather screenings of our major drainage outfalls in the city. Under the permit, the city is required to submit an annual report summarizing compliance activities, results of the screenings, and other inspections conducted throughout the year which CDM Smith, Inc., has successfully completed on the City’s behalf since 2012. The agreement includes implementation of the stormwater management plan that details how the City and Jefferson County Drainage District No. 6 will comply with the MS4 permit. If approved, the total services and expenses shall not exceed $250,000.00 without the City’s prior written authorization. Funds will come from the General Fund and Public Works Department. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH CDM SMITH, INC., OF HOUSTON, TEXAS, TO CONTINUE MANAGEMENT OF THE MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT FOR THE CITY OF BEAUMONT FOR FISCAL YEAR 2024 IN AN AMOUNT NOT TO EXCEED $250,000.00 WITHOUT THE CITY’S PRIOR WRITTEN AUTHORIZATION. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 23-290 Councilmember Samuel left the meeting at 2:48 p.m. 7. Consider authorizing the City Manager to enter into contracts for the purchase of 8 homes that were flooded during Hurricane Harvey in conjunction with the approved CDBG-DR Local Buy-out/Acquisition funding. As a result of Hurricane Harvey, some houses located in the AE flood plain received flood damage. In order to provide relief to the residents and avoid future, repetitive flooding of these homes, the city applied for Community Development Block Grant-Disaster Recovery grant funds to acquire and demolish these homes. The addresses listed below represent offers accepted by the owners. Once the properties are acquired, the city will demolish these homes and deed restrict the properties to prevent future flooding losses. These costs will be covered by the grant. Grenda Conner 340 E Delaware Street $22,000.00 Tamiko Judge 360 Manning Street $20,000.00 James & Kathy Perrio 3855 Bryan Drive $86,000.00 Manuel & Mayra Harrera 11710 Carpenter Rd $64,000.00 Marylin K & Jerry Huff 11955 Loop Rd $78,000.00 Milton Edwards 755 Pollard Ave $21,000.00 Debra Harvey 9135 Gross Street $97,000.00 Minutes – October 10, 2023 Contresia Richards 285 Manning Street $23,000.00 Funds will come from the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant-Disaster Recovery Grant funds. (CDBG-DR). The Administration recommends authorizing the City Manager to enter into contracts for the purchase of homes that were flooded during Hurricane Harvey in conjunction with the approved CDBG-DR Local Buy-out/Acquisition funding. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO CONTRACTS FOR THE PURCHASE OF EIGHT (8) HOMES THAT WERE FLOODED IN HURRICANE HARVEY IN CONJUNCTION WITH THE APPROVED CDBG-DR LOCAL BUY-OUT ACQUISITION FUNDING. Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, FELDSCHAU, AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 23-291 8. Council to consider a resolution authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, for the Evalon Street 8’X8’ Box Culvert and Cavity Emergency Repair Project. On August 8, 2023, by Resolution No. 23-215, the City Council awarded a contract to Brystar Contracting, Inc., of Beaumont, in the amount of $189,645.00 for the Evalon Street 8’X8’ Box Culvert and Cavity Emergency Repair Project. The authorized work consisted of the initial excavation and repair of the defective side wall of the box along with replacing the top of the box culvert. On August 26, 2023, Brystar submitted an updated time and materials proposal estimated at $26,295.30 to perform additional work that was unforeseen prior to excavation and removal of the top of the box culvert. After construction began a full depth crack in the bottom of the box culvert was discovered by the contractor. Per the recommendation of the Engineer of record, Fittz & Shipman, Inc., this crack needs to be repaired in two parts by placing a water seal to stop water from penetrating through the crack and then a structural repair consisting of placing concrete staples around the crack to mend the concrete back together. If approved, the new contract amount would be $215,940.30. Funds will come from the Capital Program. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO AWARD A CONTRACT TO BRYSTAR CONTRACTING, INC., OF BEAUMONT, TEXAS, FOR THE EVALON STREET 8’X8’ BOX CULVERT AND CAVITY EMERGENCY REPAIR PROJECT IN THE AMOUNT OF $215,940.30. Councilmember Durio seconded the motion. Minutes – October 10, 2023 AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, FELDSCHAU, AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 23-292 Councilmember Samuel returned to the meeting at 2:53 p.m. 9. Council to consider a request for a Rezoning from RS (Residential Single Family) District to RM-H (Residential Multiple Family-Highest Density) or more restrictive district for property located South of 2315 Rusk Street. Kendrick Martin of Martin Home Solutions LLC requests a Rezoning to a 0.15 portion of property located just south of 2315 Rusk Street. Currently, the property has split zoning of R-S (Residential Single-Family Dwelling) and RM-H (Residential Multiple Family—Highest Density). Mr. Martin is requesting such so the entire property can be zoned as RM-H to develop an apartment complex. According to our City’s Comprehensive Plan the property is located within the “Conservation and Revitalization” area. Such areas are “built up areas where a significant portion of the area is experiencing influences such as incompatible land uses, dilapidated infrastructure, and a decline in population and in the number of housing units and businesses. Immediate actions are needed to prevent continued deterioration and to reverse and repair those conditions.” This request appears to align with our City’s Comprehensive Plan of Beaumont and a viable development plan to aid growth to this area. At a Joint Public Hearing held on September 18, 2023, the Planning Commission recommended 6:1 to approve the request to rezone a portion of property from RS (Residential Single-Family Dwelling) District to RM-H (Residential Multiple Family-Highest Density) or more restrictive district for property located South of 2315 Rusk Street. Approval of the ordinance. Mayor Pro Tem Turner 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 RS (RESIDENTIAL SINGLE- FAMILY DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED SOUTH OF 2315 RUSK STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE Minutes – October 10, 2023 MOTION PASSED ORDINANCE 23-077 10. Council to consider a request for an Amended Specific Use Permit to allow a residential care facility in the RM-H (Residential Multiple Family-Highest Density) District for property located at 1094-1098 Cottonwood Street. (This item was pulled) Daniel Jeans of the H.O.W. Center is requesting approval of an Amended Specific Use Permit (SUP) to allow a residential care facility located at 1094-1098 Cottonwood Street. This proposal was originally presented at the March 20, 2023, Planning Commission to develop a two-story dormitory, office space and parking lot for the H.O.W. Center. However, Mr. Jeans would like to develop a one-story dormitory, office space and parking lot, such a change has expanded the building to be closer to northern residences, thus necessitating an amended SUP. The H.O.W. Center is a facility offering room and board for men with substance abuse issues. Section 28.04.006 of the City’s landscaping ordinances states, “an increase in the size of an existing parking lot by twenty-five (25) percent in the number of parking spaces or more shall require the entire parking lot, in addition to the twenty-five (25) percent expansion, to be brought into compliance with this section.” The submitted site plan appears to comply with this regulation. At a Joint Public Hearing held on September 18, 2023, the Planning Commission recommended 6:1 to approve the request for an Amended Specific Use Permit to allow a residential care facility in the RM-H (Residential Multiple Family-Highest Density) District for property located at 1094-1098 Cottonwood Street, with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre-treatment and/or FOG program. 3. The sanitary sewer line shall be tied to the City line located in the alleyway or to Cottonwood Street. 4. The existing water meter located in the proposed driveway along Cable Avenue must be moved or abandoned. Approval of the ordinance, with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre-treatment and/or FOG program. 3. The sanitary sewer line shall be tied to the City line located in the alleyway or to Cottonwood Street. Minutes – October 10, 2023 4. The existing water meter located in the proposed driveway along Cable Avenue must be moved or abandoned. 11. Council to consider a request for a Specific Use Permit to allow an event hall in the CBD (Central Business District) District for property located at 690 Orleans Street. Richard Gilbert of GP Realty and Management, Inc, is requesting approval of a Specific Use Permit to allow an event hall to be located at 690 Orleans Street. They intend to host events such as weddings, receptions, anniversaries, birthdays and more. The hours of operation will be from 12pm to midnight and have seven (7) employees. Security will be present at each event and all food will be catered. Off-street parking requirements are exempt from development in the Central Business District. An event hall will naturally bring people into the downtown planning area, which could bolster economic activity and aid in efforts of revitalization. It should be noted, a stop work order was issued April 28, 2023, by Building Codes staff for the addition of a deck to the west side of the building, protruding into the parking lot. For compliance, a building permit and inspections will be necessary to obtain for the addition. At a Joint Public Hearing held on September 18, 2023, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow an event hall in the CBD (Central Business District) District for property located at 690 Orleans Street, with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre-treatment and/or FOG program. 3. Must obtain a building permit and complete all necessary inspections for the addition. Approval of the ordinance, with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre-treatment and/or FOG program. 3. Must obtain a building permit and complete all necessary inspections for the addition. Mayor Pro Tem Turner moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN EVENT HALL IN A CDB (CENTRAL BUSINESS DISTRICT) FOR PROPERTY LOCATED AT 690 ORLEANS STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Durio seconded the motion. Minutes – October 10, 2023 AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED ORDINANCE 23-078 12. Council to consider a request for a Specific Use Permit to allow a substance abuse disorder treatment facility in the CBD (Central Business District) District for property located at 380 Main Street. Recovery Council of Southeast Texas, formerly known as Southeast Texas Council on Alcohol and Drug Abuse, is requesting a Specific Use Permit to allow a substance abuse disorder treatment facility at 380 Main Street. They provide a 24/7, 60-day program for inpatient and outpatient individuals. The site will host up to forty (40) clients participating in the inpatient program. All programming will be conducted inside, and clients will be strictly supervised. Off￿street parking requirements are exempt from development in the Central Business District, although, parking is provided to the north. The purchase of this property is contingent upon the outcome of this case. Section 28.04.001(e) of the Ordinances states, “A specific use permit shall be issued only if all of the following conditions have been found: (1) that the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; (2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property…” The selected site may not be a compatible use due to the number of clients and lack of open space, the proximity to establishments and events selling alcohol, the proximity to parks and museums, and it is located at the intersection of Main and Crockett Street. At a Joint Public Hearing held on September 18, 2023, the Planning Commission recommended 6:1 to deny the request for a Specific Use Permit to allow a substance abuse disorder treatment facility in the CBD (Central Business District) District for property located at 380 Main Street. Denial of Ordinance. Mayor Pro Tem Turner moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SUBSTANCE DISORDER TREATMENT FACILITY IN A CDB (CENTRAL BUSINESS DISTRICT) FOR PROPERTY LOCATED AT 380 MAIN STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION DENIED Minutes – October 10, 2023 13. Council to consider a request for a Specific Use Permit to allow construction of a multiple- family development in the CBD (Central Business District) District for property located at 704 Neches Street. (This item was pulled) Richard Gilbert of GP Realty and Management, Inc, is requesting a Specific Use Permit to allow construction of a multiple-family development located at 704 Neches Street. The three (3) story building will contain twelve (12) units to be leased at market-rate. It should be noted; off-street parking requirements are exempt from developments within the CBD (Central Business District). Residential uses in the downtown planning area may bolster economic activity by increasing pedestrian traffic. At a Joint Public Hearing held on September 18, 2023, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a multi-family development in the CBD (Central Business District) District for property located at 704 Neches Street, with the following conditions: 1. Construction plans shall comply with all applicable Building, Engineering and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre-treatment and/or FOG program. Approval of the ordinance, with the following conditions: 1. Construction plans shall comply with all applicable Building, Engineering and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre-treatment and/or FOG program. 14. Council to consider a request for the closure of access to Interstate 10 East Feeder Road from 8th and 9th Streets. (This item was pulled) The Texas Department of Transportation (TXDOT) is requesting closure of access to Interstate 10 East Feeder Road from 8th and 9th Streets. This request is to facilitate construction of a sound wall barrier between the feeder road and the Oaks Historic District to minimize impact from the State’s IH-10 & US-69 Interchange Project. Traffic will be able to access the feeder road by way of 10th Street and 7th Street. This item was sent to all interested parties and received zero in opposition from City staff. At a Joint Public Hearing held on September 18, 2023, the Planning Commission recommended 7:0 to approve the request for the closure of access to Interstate 10 East Feeder Road from 8th and 9th Streets. COUNCILMEMBER COMMENTS COUNCILMEMBER TEM DURIO - COUNCILMEMBER GETZ - Minutes – October 10, 2023 MAYOR PRO TEM TURNER - COUNCILMEMBER FELDSCHAU - COUNCILMEMBER SAMUEL - COUNCILMEMBER NEILD - CITY ATTORNEY REED – PW DIRECTOR BARTKOWIAK – ACM BOONE – ACM ELLIS - CITY CLERK BROUSSARD - CFO SIMONEAUX - CITY MANAGER WILLIAMS - MAYOR WEST – With there being no Executive Session, the meeting adjourned at 3:00 p.m. Roy West, Mayor Tina Broussard, City Clerk B TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Angela Wright, Chief Technology Officer MEETING DATE:October 17, 2023 REQUESTED ACTION:Council consider a resolution approving an annual maintenance agreement from SoftwareOne, Inc. of Milwaukee, WI for Microsoft Office 365 that is used by all city departments. BACKGROUND Microsoft Office 365 is currently in-use throughout all the city’s departments for access to e- mail, file sharing, online versions of Microsoft Office, and other collaborative tools. The maintenance agreement allows for continued access to all portions of Microsoft Office 365, as well as continued technical support from Microsoft. This agreement, in the amount of $81,884.76, is for an annual period beginning on November 1, 2023. Pricing was obtained through the State of Texas Department of Information (DIR). DIR provides cities and political subdivisions with the means to purchase information technology at volume prices contracted under the procurement statutes of the State of Texas. FUNDING SOURCE General Fund, Municipal Court Technology Fund, and Water Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Quote_-_US-QUO-1101084.pdf RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve an annual maintenance agreement from SoftwareOne, Inc., of Milwaukee, Wisconsin for Microsoft Office 365 that is used by all City Departments in the amount of $81,884.76. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of October, 2023. _______________________________ - Mayor Roy West - Invoice Address City of Beaumont, TX 801 Main Street BEAUMONT, TX 77701 Shipping Address City of Beaumont, TX 801 Main Street BEAUMONT, TX 77701 License Address City of Beaumont, TX 801 Main Street BEAUMONT, TX 77701 Kay Foyil kay.foyil@beaumonttexas.gov Quote US-QUO-1101084 Start Date Version Description End Date OS Amount Pos.No.Manufacturer Disc-Lev.Format Lic. Model Lic. Metrics Qty.Unit Price Sales Tax (USD) Contract DIR-TSO-4061 EA 67987045 Coverage 11.01.2023..10.31.2026 Year 1 10 6E6-00003 Azure Active Directory Premium P2 per User NON-SPEC/AL Government Monthly Subscription Add Prod Non-Specific Microsoft LEVEL D SUB IEA ADD G 5 84.00 0.00 420.00 20 T6A-00024 Office 365 E1 Shared Server per User NON-SPEC/AL Government Monthly Subscription Non-Specific Microsoft LEVEL D SUB IEA GOV 85 93.56 0.00 7,952.60 30 AAA-10842 Office 365 E3 ShrdSvr PerUsr NON-SPEC/AL Government Monthly Subscription Non-Specific Microsoft LEVEL D SUB IEA GOV 135 246.57 0.00 33,286.95 40 SY9-00004 Office 365 E5 per User NON-SPEC/AL Government Monthly Subscription Non-Specific Microsoft LEVEL D SUB IEA GOV 4 407.38 0.00 1,629.52 City of Beaumont, TX 801 Main Street BEAUMONT, TX 77701 Date Customer No. External Document No. Your Reference Account Manager Your Contact Person E-Mail Our Tax ID 10/02/2023 US-SCU-151660 DIR-TSO-4061 EA Renewal (OG) Phillip Bushman GOV US gov.us@softwareone.com 39-1501504 Start Date Version Description End Date OS Amount Pos.No.Manufacturer Disc-Lev.Format Lic. Model Lic. Metrics Qty.Unit Price Sales Tax (USD) 50 6WT-00001 Office 365 Extra File Storage Shared Server AddOn XtraStor NON-SPEC/AL Government Monthly Subscription Add Prod Non-Specific Microsoft LEVEL D SUB IEA ADD G 2,000 2.54 0.00 5,080.00 60 TPA-00001 O365F3 ShrdSvr ALNG SubsVL MVL PerUsr NON-SPEC/AL Government Monthly Subscription Add Prod Non-Specific Microsoft LEVEL D SUB IEA ADD G 907 36.80 0.00 33,377.60 70 HWN-00002 VisioOnlnP1 per User NON-SPEC/AL Government Monthly Subscription Add Prod Non-Specific Microsoft LEVEL D SUB IEA ADD G 3 46.03 0.00 138.09 Total Year 2 $81,884.76 Total Year 3 $81,884.76 3-Year Commitment Total $245,654.28 Total USD excl. Tax 81,884.76 Tax 0.00 Total USD incl. Tax 81,884.76 Thank you for your request for quote. This offer is non-binding. Prices are subject to change if supplier prices or currency values fluctuate. Unless customer & SoftwareONE have executed a reseller agreement, customer hereby agrees that by placing an order with SoftwareONE customer will be bound by SoftwareONE’s terms & conditions, located at www.softwareone.com, and the placement of your order represents your agreement thereto. If Customer is required by law to withhold any tax from amount payable, the amount payable will be increased so that after making all required withholdings, SoftwareONE receives equal to the amount it would have received had no such withholdings been made. Payment Terms 30 Days net Shipping Method Electronic Software Delivery Quote valid until 10/31/2023 Prices are based on 30 Days net, FOB SoftwareONE. Shipping and Handling and applicable Sales Tax are additional. Once SoftwareONE places an order is placed with a Licensor, Customer’s order will be binding and non-cancelable, except as otherwise provided by the Licensor’s Return Policies. CONFIDENTIAL INFORMATION: This Quote, and any attachment is intended only for the person or entity to which it is addressed, and contains confidential and/or privileged information. Any review, retransmission, dissemination or other use of this information to persons or entities other than the intended recipient is prohibited. View or place within PyraCloud: https://v1.client.softwareone.com/portal/Quotes/DocumentDetail/US/US-QUO-1101084 Quote US-QUO-1101084 C TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Todd Simoneaux, Chief Financial Officer MEETING DATE:October 17, 2023 REQUESTED ACTION:Council Consider a resolution approving a contract for collection services for Municipal Court. BACKGROUND Among other court-related functions, the Municipal Court processes payments of fines, processes overdue notice of outstanding fines, establishes payment plans, and processes warrants issued for non-payment of outstanding fines. An overdue account goes into warrant status at 30 days past due and is turned over to a collection agency at 60 days past due. A statutory collection fee of 30% is attached to the amount past due and is paid by the defendant upon payment of the past due fine. Requests for Proposal were sent to sixty-two vendors for providing collection services. The City received eight responses. The responses were evaluated by City staff and the best score was received from McCreary, Veselka, Bragg and Allen, P.C. of Round Rock, Texas who will charge the statutory amount of 30%. The City currently has a contract with Linebarger, Goggan, Blair & Sampson of Austin to provide these services. An evaluation score sheet is attached. FUNDING SOURCE The statutory collection fee is paid by the defendant. RECOMMENDATION Approval of the Resolution ATTACHMENTS Evaluation score sheet. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract for collection services for Municipal Court with McCreary, Veselka, Bragg & Aleen, P.C. of Round Rock, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of October, 2023. _______________________________ - Mayor Roy West - RFP Name: RFP Number: TF0823-22 RFP Opening Date: DESCRIPTION: Collection Services for: Municipal Court. Vendor Vendor Vendor Vendor Vendor Vendor Vendor McCreary, Veselka,American Perdue, Brandon Linebarger, Goggan, Ability Recovery The CMI Group Collection Service Bragg & Allen Municipal Services Fielder, Collins Blair & Sampson Services, LLC Credit Management of Nevada dba Maximum P.C. Whigham & Mott LP Sierra Outsourcing Solutions Points Round Rock, TX Carrolton, Tx Houston, TX.Austin, TX Dupont, PA Coppell, Tx Reno, NV Scope of Services 40 38 25.666 37.666 34.333 26 32.333 32.666 Demonstrated Experience 30 28.333 20 24.666 26 20 22 20.333 Cost of Services/Cost Effectiveness 30 30 28.333 30 30 28.333 26.666 28.333 TOTAL POINTS:100 96.333 73.999 92.332 90.333 74.333 80.999 81.332 DESCRIPTION: Collection Services for Municipal Court Vendor Midwest Municipal Services, LLP Maximum Points Moorseville, IN Scope of Services 40 27 Demonstrated Experience 30 16.666 Cost of Services/Cost Effectiveness 30 26.666 TOTAL POINTS:100 70.332 Criteria Description Criteria Description Collection Agency Services-Municipal Court 7-Sep-23 D TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:October 17, 2023 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to execute an Earnest Money Contract and other related documents to purchase two tracts of property from Mount Gilead Missionary Baptist Church. BACKGROUND The City of Beaumont is seeking to purchase two tracts of property from Mount Gilead Missionary Baptist Church in the amount of $35,963.14 to improve sludge removal at the Beaumont Surface Water Treatment Plant located at 1550 Pine Street. The two property tracts are identified as being a 0.4127 acre tract situated in the James Drake Survey, Abstract No. 18, and a 0.1377 acre tract being all of the East 10’ of Lot 2 and all of Lot 3, Block 7 of the North Addition. The City will deposit $700.00 as earnest money to Texas Regional Title. If the City terminates the earnest money contract, $100 of the earnest money will be refunded back to the City. The date of closing will be on or before October 31, 2023. FUNDING SOURCE CIP Water System Improvements RECOMMENDATION Approval of the resolution. ATTACHMENTS Agenda - Earnest Money Contract - Mt Gilead Church Earnest Money Contract - Mt Gilead Church RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter into an Earnest Money Contract purchase two (2) tracts of land from Mount Gilead Missionary Baptist Church in the amount of $35,963.14 to improve sludge removal at the Beaumont Surface Water Treatment Plant located at 1550 Pine Street; and, THAT the two (2) property tracts are identified as being a 0.4127-acre tract situated in the James Drake Survey, Abstract No. 18, and a 0.1377-acre tract being all of the East 10’ of Lot 2 and all of Lot 3, Block 7 of the North Addition; and, THAT the City will deposit $700.00 as earnest money to Texas Regional Title. If the City terminates the earnest money contract, $100.00 of the earnest money will be refunded back to the City. The date of closing will be on or before October 31, 2023. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of October, 2023. _______________________________ - Mayor Roy West - E TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:October 17, 2023 REQUESTED ACTION:Council to consider appointments to the Community Development Advisory Committee. BACKGROUND Councilmen Getz appoints Brian Nepveux and Biguita Hernandez-Smith, and Councilmen Durio appoints Darius Linton and Shedrick Evan. The term for each shall begin on October 17, 2023, and expire on September 30, 2025. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Brain Nepveux and Biguita Hernandez-Smith are appointed to the Community Development Advisory Committee by Councilmember Mike Getz. The term will commence October 17, 2023, and expire September 30, 2025; and, THAT Darius Linton and Shedrick Evan are appointed to the Community Development Advisory Committee by Councilmember Chris Durio. The term will commence October 17, 2023, and expire September 30, 2025. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of October, 2023. _______________________________ - Mayor Roy West - F TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:October 17, 2023 REQUESTED ACTION:Council to consider appointments to the Historic Landmark Commission. BACKGROUND Councilmen Getz appoints Janelle Templeton, and Councilmen Durio appoints Ronald Kelley. The term for each shall begin on October 17, 2023, and expire on September 30, 2025. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Janelle Templeton is appointed to the Historic Landmark Commission by Councilmember Mike Getz. The term will commence October 17, 2023, and expire September 30, 2025; and, THAT Ronald Kelley is appointed to the Historic Landmark Commission by Councilmember Chris Durio. The term will commence October 17, 2023, and expire September 30, 2025. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of October, 2023. _______________________________ - Mayor Roy West - G TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:October 17, 2023 REQUESTED ACTION:Council to consider appointments to the Library Commission. BACKGROUND Councilmen Getz appoints Kate Hambright. The term for each shall begin on October 17, 2023, and expire on September 30, 2025. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Kate Hambright is appointed to the Library Commission by Councilmember Mike Getz. The term will commence October 17, 2023, and expire September 30, 2025. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of October, 2023. _______________________________ - Mayor Roy West - H TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:October 17, 2023 REQUESTED ACTION:Council to consider appointments to the Parks and Recreation Advisory Committee. BACKGROUND Councilmen Getz appoints Emily Coxe and Clarke Barker. Councilmen Durio appoints Janet Polar and Charles Paul. The term for each shall begin on October 17, 2023, and expire on September 30, 2025. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Emily Coxe and Clarke Barker are appointed to the Parks and Recreation Advisory Committee by Councilmember Mike Getz. The term will commence October 17, 2023, and expire September 30, 2025; and, THAT Janet Polar and Charles Paul are appointed to the Parks and Recreation Advisory Committee by Councilmember Chris Durio. The term will commence October 17, 2023, and expire September 30, 2025. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of October, 2023. _______________________________ - Mayor Roy West - I TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:October 17, 2023 REQUESTED ACTION:Council to consider appointments to the Police Department Community Advisory Committee. BACKGROUND Councilmen Getz appoints Brian Nepveux and Roy McGrath. Councilmen Durio appoints Thomas Sigee and Frances Sam. The term for each shall begin on October 17, 2023, and expire on September 30, 2025. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Brian Nepneux and Roy McGrath are appointed to the Police Department Community Advisory Committee by Councilmember Mike Getz. The term will commence October 17, 2023, and expire September 30, 2025; and, THAT Thomas Sigee and Frances Sam are appointed to the Police Department Community Advisory Committee by Councilmember Chris Durio. The term will commence October 17, 2023, and expire September 30, 2025. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of October, 2023. _______________________________ - Mayor Roy West - J TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:October 17, 2023 REQUESTED ACTION:Council to consider the appointments to the Planning and Zoning Commission. BACKGROUND Councilmen Getz appoints Sina Nejad, and Councilmen Durio appoints Darius Linton. The term for each shall being on October 17, 2023, and expire on September 30, 2025. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Sina Nejad is appointed to the Planning and Zoning Commission by Councilmember Mike Getz. The term will commence October 17, 2023, and expire September 30, 2025; and, THAT Darius Linton is appointed to the Planning and Zoning Commission by Councilmember Chris Durio. The term will commence October 17, 2023, and expire September 30, 2025. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of October, 2023. _______________________________ - Mayor Roy West - K TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:October 17, 2023 REQUESTED ACTION:Council to consider appointments to the Convention and Tourism Advisory Board. BACKGROUND Councilmen Getz appoints Ryan Smith and Stephen Watson. Councilmen Durio appoints Alexia Morgan and Glenda Segura. The term for each shall begin on October 17, 2023, and expire on September 30, 2025. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Ryan Smith and Stephen Watson are appointed to the Convention and Tourism Advisory Board by Councilmember Mike Getz. The term will commence October 17, 2023, and expire September 30, 2025; and, THAT Alexia Morgan and Glenda Segura are appointed to the Convention and Tourism Advisory Board by Councilmember Chris Durio. The term will commence October 17, 2023, and expire September 30, 2025. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of October, 2023. _______________________________ - Mayor Roy West - 1 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:James Singletary, Chief of Police MEETING DATE:October 17, 2023 REQUESTED ACTION:Council consider a resolution approving the purchase of Axon TASER® energy weapons and accessories from Axon Enterprise, Inc. of Scottsdale, Arizona for use by the Police Department. BACKGROUND The Beaumont Police Department currently issues Axon TASER® energy weapons as a less lethal force option for officers. Most current units are nearing end of their five year service life, and the most popular model has been discontinued. This purchase plan will replace all 211 units with the newest TASER 10 model. Also included is software, batteries, cartridges, accessories, and updates for five years. In addition, the data and usage metrics for these new units are electronically integrated into the software that BPD currently uses with the AXON video and electronic evidence storage suite. The total cost of the purchase plan is $931,977.80, with payments divided over five years with an annual cost of $186,395.56. Pricing was obtained using BuyBoard, and includes a trade-in discount for the return of old models. The quote reflects a refund of $6,665.00 due the city for an unrelated and undelivered service. The refund was calculated into the total displayed on the quote, which is $925,312.80. FUNDING SOURCE Police Contract Services budget. RECOMMENDATION Approval of the resolution. ATTACHMENTS Axon Quote Axon Purchasing Agreement RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve the purchase of Axon TASER energy weapons and accessories from Axon Enterprise, Inc., of Scottsdale, Arizona for use by the Police Department in the amount of $925,312.80 with payments divided over five (5) years with and annual cost of $186,395.56 per year. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of October, 2023. _______________________________ - Mayor Roy West - Page 1 Q-469862-45203.607JG Q-469862-45203.607JG Issued: 10/04/2023 Quote Expiration: 11/15/2023 Estimated Contract Start Date: 02/01/2024 Account Number: 110311 Payment Terms: N30 Delivery Method: SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT Beaumont Police Dept-801 Main St. 801 Main St Suite 330 Beaumont, TX 77701 USA Beaumont Police Dept. - TX PO Box 3827 Beaumont TX 77704-3827 USA Email: Joe Gauthier Phone: 5046214917 Email: jgauthier@axon.com Fax: Phone: Email: Fax: Quote Summary Discount Summary Program Length 60 Months Average Savings Per Year $27,944.52 TOTAL COST $925,312.80 ESTIMATED TOTAL W/ TAX $925,312.80 TOTAL SAVINGS $139,722.60 Payment Summary Date Subtotal Tax Total Jan 2024 $186,395.56 $0.00 $186,395.56 Feb 2024 ($6,665.00)$0.00 ($6,665.00) Jan 2025 $186,395.56 $0.00 $186,395.56 Jan 2026 $186,395.56 $0.00 $186,395.56 Jan 2027 $186,395.56 $0.00 $186,395.56 Jan 2028 $186,395.56 $0.00 $186,395.56 Total $925,312.80 $0.00 $925,312.80 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic: (800) 978-2737 International: +1.800.978.2737 Page 2 Q-469862-45203.607JG Quote Unbundled Price:$1,065,035.40 Quote List Price:$969,958.80 Quote Subtotal:$925,312.80 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program 100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 $1.00 ($6,665.00)($6,665.00)$0.00 ($6,665.00) T10Cert TASER 10 Certification Bundle 211 60 $83.34 $75.83 $72.83 $922,027.80 $0.00 $922,027.80 A la Carte Services 85147 CEW STARTER 1 $9,950.00 $9,950.00 $9,950.00 $0.00 $9,950.00 Total $925,312.80 $0.00 $925,312.80 Page 3 Q-469862-45203.607JG Delivery Schedule Hardware Bundle Item Description QTY Estimated Delivery Date TASER 10 Certification Bundle 100390 TASER 10 HANDLE, YLW, CLASS 3R 211 01/01/2024 TASER 10 Certification Bundle 100390 TASER 10 HANDLE, YLW, CLASS 3R 7 01/01/2024 TASER 10 Certification Bundle 100393 TASER 10 LIVE DUTY MAGAZINE BLACK 211 01/01/2024 TASER 10 Certification Bundle 100393 TASER 10 LIVE DUTY MAGAZINE BLACK 7 01/01/2024 TASER 10 Certification Bundle 100394 TASER 10 HALT TRN MAGAZINE BLUE (HOOK-AND-LOOP-TRAINING)9 01/01/2024 TASER 10 Certification Bundle 100395 TASER 10 LIVE TRAINING MAGAZINE PURPLE 9 01/01/2024 TASER 10 Certification Bundle 100396 TASER 10 INERT MAGAZINE RED 9 01/01/2024 TASER 10 Certification Bundle 100399 TASER 10 LIVE CARTRIDGE 4220 01/01/2024 TASER 10 Certification Bundle 100400 TASER 10 HALT CARTRIDGE 1270 01/01/2024 TASER 10 Certification Bundle 100401 TASER 10 INERT CARTRIDGE 85 01/01/2024 TASER 10 Certification Bundle 100616 TASER 10 BLACKHAWK HOLSTER, RH 188 01/01/2024 TASER 10 Certification Bundle 100617 TASER 10 BLACKHAWK HOLSTER, LH 23 01/01/2024 TASER 10 Certification Bundle 100623 ENHANCED HOOK-AND-LOOP TRAINING (HALT) SUIT (V2)4 01/01/2024 TASER 10 Certification Bundle 20018 TASER BATTERY PACK, TACTICAL 211 01/01/2024 TASER 10 Certification Bundle 20018 TASER BATTERY PACK, TACTICAL 36 01/01/2024 TASER 10 Certification Bundle 20018 TASER BATTERY PACK, TACTICAL 7 01/01/2024 TASER 10 Certification Bundle 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 3 01/01/2024 TASER 10 Certification Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 3 01/01/2024 TASER 10 Certification Bundle 74200 TASER 6-BAY DOCK AND CORE 3 01/01/2024 TASER 10 Certification Bundle 80087 TASER TARGET, CONDUCTIVE, PROFESSIONAL (RUGGEDIZED)3 01/01/2024 TASER 10 Certification Bundle 80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X 75 IN., TASER 7 3 01/01/2024 TASER 10 Certification Bundle 100399 TASER 10 LIVE CARTRIDGE 430 01/01/2025 TASER 10 Certification Bundle 100400 TASER 10 HALT CARTRIDGE 1270 01/01/2025 TASER 10 Certification Bundle 100399 TASER 10 LIVE CARTRIDGE 420 01/01/2026 TASER 10 Certification Bundle 100400 TASER 10 HALT CARTRIDGE 1260 01/01/2026 TASER 10 Certification Bundle 100399 TASER 10 LIVE CARTRIDGE 420 01/01/2027 TASER 10 Certification Bundle 100400 TASER 10 HALT CARTRIDGE 1270 01/01/2027 TASER 10 Certification Bundle 100399 TASER 10 LIVE CARTRIDGE 420 01/01/2028 TASER 10 Certification Bundle 100400 TASER 10 HALT CARTRIDGE 1260 01/01/2028 Software Bundle Item Description QTY Estimated Start Date Estimated End Date TASER 10 Certification Bundle 20248 TASER 7 EVIDENCE.COM LICENSE 211 02/01/2024 01/31/2029 TASER 10 Certification Bundle 20248 TASER 7 EVIDENCE.COM LICENSE 2 02/01/2024 01/31/2029 Services Bundle Item Description QTY TASER 10 Certification Bundle 100751 TASER 10 DUTY CARTRIDGE REPLACEMENT ACCESS PROGRAM 211 Page 4 Q-469862-45203.607JG Services Bundle Item Description QTY TASER 10 Certification Bundle 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 TASER 10 Certification Bundle 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 TASER 10 Certification Bundle 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 TASER 10 Certification Bundle 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 TASER 10 Certification Bundle 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 TASER 10 Certification Bundle 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2 TASER 10 Certification Bundle 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2 TASER 10 Certification Bundle 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2 TASER 10 Certification Bundle 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2 TASER 10 Certification Bundle 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2 A la Carte 85147 CEW STARTER 1 Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date TASER 10 Certification Bundle 100704 EXT WARRANTY, TASER 10 HANDLE 211 01/01/2025 01/31/2029 TASER 10 Certification Bundle 100704 EXT WARRANTY, TASER 10 HANDLE 7 01/01/2025 01/31/2029 TASER 10 Certification Bundle 80374 EXT WARRANTY, TASER 7 BATTERY PACK 211 01/01/2025 01/31/2029 TASER 10 Certification Bundle 80374 EXT WARRANTY, TASER 7 BATTERY PACK 7 01/01/2025 01/31/2029 TASER 10 Certification Bundle 80374 EXT WARRANTY, TASER 7 BATTERY PACK 36 01/01/2025 01/31/2029 TASER 10 Certification Bundle 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 3 01/01/2025 01/31/2029 Page 5 Q-469862-45203.607JG Payment Details Jan 2024 Invoice Plan Item Description Qty Subtotal Tax Total Year 1 85147 CEW STARTER 1 $1,990.00 $0.00 $1,990.00 Year 1 T10Cert TASER 10 Certification Bundle 211 $184,405.56 $0.00 $184,405.56 Total $186,395.56 $0.00 $186,395.56 Feb 2024 Invoice Plan Item Description Qty Subtotal Tax Total Invoice Upon Fulfillment 100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 ($6,665.00)$0.00 ($6,665.00) Total ($6,665.00)$0.00 ($6,665.00) Jan 2025 Invoice Plan Item Description Qty Subtotal Tax Total Year 2 85147 CEW STARTER 1 $1,990.00 $0.00 $1,990.00 Year 2 T10Cert TASER 10 Certification Bundle 211 $184,405.56 $0.00 $184,405.56 Total $186,395.56 $0.00 $186,395.56 Jan 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 3 85147 CEW STARTER 1 $1,990.00 $0.00 $1,990.00 Year 3 T10Cert TASER 10 Certification Bundle 211 $184,405.56 $0.00 $184,405.56 Total $186,395.56 $0.00 $186,395.56 Jan 2027 Invoice Plan Item Description Qty Subtotal Tax Total Year 4 85147 CEW STARTER 1 $1,990.00 $0.00 $1,990.00 Year 4 T10Cert TASER 10 Certification Bundle 211 $184,405.56 $0.00 $184,405.56 Total $186,395.56 $0.00 $186,395.56 Jan 2028 Invoice Plan Item Description Qty Subtotal Tax Total Year 5 85147 CEW STARTER 1 $1,990.00 $0.00 $1,990.00 Year 5 T10Cert TASER 10 Certification Bundle 211 $184,405.56 $0.00 $184,405.56 Total $186,395.56 $0.00 $186,395.56 Page 6 Q-469862-45203.607JG Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Contract BuyBoard Proposal No. 698-23 (CEW only) is incorporated by reference into the terms and conditions of this Agreement. In the event of conflict the terms of Axon's Master Services and Purchasing Agreement shall govern. Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Page 7 Q-469862-45203.607JG Exceptions to Standard Terms and Conditions Elected discount of $37,980.00 for trade in of old X26P handles expires after 11/15/2023. Agency has existing contract #00080838 (originated via Q-413061) and is terminating that contract upon the new license start date (2/1/2024) of this quote. The parties agree that Axon is granting a refund of $6,665.00 to refund paid, but undelivered services. This discount is based on a ship date range of 1/1/2024 - 1/15/2024, resulting in a 2/1/2024 license date. Any change in this date and resulting license start date will result in modification of this discount value which may result in additional fees due to or from Axon. \s1\\d1\ Signature Date Signed 10/4/2023 Page 8 Q-469862-45203.607JG 2 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:October 17, 2023 REQUESTED ACTION:Council consider a resolution authorizing a contract with SETEX Construction Corp., of Beaumont, for the Citywide Emergency Water Main Repairs III. BACKGROUND On August 15, 2023, the City of Beaumont issued a Mandatory Water Restriction as determined by Stage 3 of the Drought Contingency Plan due to the excessive heat and lack of rain. The excessive heat and lack of rain has caused multiple water mains to burst, causing blowouts throughout the City. The blowouts must be repaired immediately to conserve the already limited water consumption deemed mandatory throughout the City, along with maintaining adequate water pressure per state regulations for public health and safety. On September 27, 2023, one (1) bid was received for furnishing all labor and equipment to perform water line repairs for lines up to twelve (12) inches in diameter. The opportunity to bid was sent to 202 vendors. Based on a review of the bid, Engineering staff recommend and have executed an emergency contract with SETEX Construction Corp. The contract is not to exceed $100,000 with the option of one (1) renewal. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the Resolution. ATTACHMENTS Citywide Emergency Water Main Repairs Request for Bid III Supplier Response RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on September 27, 2023, one (1) bid was received for the Citywide Emergency Water Main Repairs III; and, WHEREAS, SETEX Construction Corp., of Beaumont, Texas submitted a bid in an amount not to exceed $100,000.00 with the option of one (1) renewal to complete the work and materials for the Citywide Emergency Water Main Repairs III as shown in Exhibit “A,” attached hereto; and, WHEREAS, the City Council is of the opinion that the bid submitted by SETEX Construction Corp., of Beaumont, Texas is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the contract with SETEX Construction Corp., of Beaumont, Texas for the Citywide Emergency Water Main Repair III in an amount to not exceed $100,000.00 with the option of one (1) renewal; and, THAT the City Manager be and he is hereby authorized to execute a contract with SETEX Construction Corp., of Beaumont, Texas for the purposes described herein; and, The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of October, 2023. _______________________________ - Mayor Roy West - 3 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:October 17, 2023 REQUESTED ACTION:Council approve a resolution for the immediate repair of an excavator utilized by Solid Waste. BACKGROUND Unit number 5178, a 2012 Komatsu excavator that is utilized by the City's Solid Waste Division, is an essential piece of equipment to its operation and is in need of the replacement of its hydraulic control valve and stick cylinder and clean hydraulic system. Waukesha-Pearce Industries LLC of Port Arthur, is the sole source provider for the repairs with an estimated cost of $72,671.26 FUNDING SOURCE Fleet Management Fund RECOMMENDATION Approval of resolution ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve the immediate repair of a 2012 Komatsu excavator used by Solid Waste Division from Waukesha-Pearce Industries LLC., of Port Arthur, Texas in the amount $72,671.26. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of October, 2023. _______________________________ - Mayor Roy West - 4 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Chris Boone, Assistant City Manager, Community Services MEETING DATE:October 17, 2023 REQUESTED ACTION:Council consider a request for an Amended Specific Use Permit to allow a residential care facility in the RM-H (Residential Multiple Family-Highest Density) District for property located at 1094-1098 Cottonwood Street. BACKGROUND Daniel Jeans of the H.O.W. Center is requesting approval of an Amended Specific Use Permit (SUP) to allow a residential care facility located at 1094-1098 Cottonwood Street. This proposal was originally presented at the March 20, 2023 Planning Commission to develop a two-story dormitory, office space and parking lot for the H.O.W. Center. However, Mr. Jeans would like to develop a one-story dormitory, office space and parking lot, such change has expanded the building to be closer to northern residences, thus necessitating an Amended SUP. The H.O.W. Center is a facility offering room and board for men with substance abuse issues. Section 28.04.006 of the City’s landscaping ordinances states, “an increase in the size of an existing parking lot by twenty-five (25) percent in the number of parking spaces or more shall require the entire parking lot, in addition to the twenty-five (25) percent expansion, to be brought into compliance with this section.” The submitted site plan appears to comply with this regulation. At a Joint Public Hearing held on September 18, 2023, the Planning Commission recommended 6:1 to approve the request for an Amended Specific Use Permit to allow a residential care facility in the RM-H (Residential Multiple Family-Highest Density) District for property located at 1094-1098 Cottonwood Street, with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back-flow, pre- treatment and/or FOG program. 3. Sanitary sewer line shall be tied to the City line located in the alleyway or to Cottonwood Street. 4. The existing water meter located in the proposed driveway along Cable Avenue must be moved or abandoned. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back-flow, pre- treatment and/or FOG program. 3. Sanitary sewer line shall be tied to the City line located in the alleyway or to Cottonwood Street. 4. The existing water meter located in the proposed driveway along Cable Avenue must be moved or abandoned. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY IN A RM-H (RESIDENTIAL MULTIPLE FAMILY- HIGHEST DENSITY) DISTRICT AT 1094-1098 COTTONWOOD STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on April 4, 2023, City Council approved Ordinance 23-031 issuing a specific use permit to Faust Engineering and Surveying, Inc., to allow a residential care facility in a RM- H (Residential Multiple Family-Highest Density) District located at 1094-1098 Cottonwood Street, Beaumont, Jefferson County, Texas; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request to amend Ordinance 23-031 and is recommending approval to allow a one-story dormitory, office space, and parking lot in a RM-H (Residential Multiple Family-Highest Density) District located at 1094-1098 Cottonwood Street, Beaumont, Jefferson County, Texas, subject to the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code requirements; and, 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back-flow, pre- treatment and/or FOG program; and, 3. Sanitary sewer line shall be tied to the City line located in the alleyway or to Cottonwood Street; and, 4. The existing water meter located in the proposed driveway along Cable Avenue must be moved or abandoned; and, WHEREAS, Daniel Jeans wishes to amend the specific use permit to allow a residential care facility in a RM-H (Residential Multiple Family-Highest Density) District located at 1094- 1098 Cottonwood Street, being Lots 1-3, Block 40, North Addition, City of Beaumont, Jefferson County, Texas, containing 0.483 acres, more or less, as shown on Exhibit AA,@ attached hereto and made a part hereof for all purposes; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That Ordinance 23-031 be amended by amending the specific use permit granted to Daniel Jeans, their legal representatives, successors, and assigns for that certain tract shown on Exhibit "A," attached hereto and made a part hereof for all purposes, to allow the allow a residential care facility in a RM-H (Residential Multiple Family-Highest Density) District located at 1094-1098 Cottonwood Street, subject to the following conditions: 1. Construction plans shall comply with all applicable Building and Fire Code requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back-flow, pre- treatment and/or FOG program. 3. Sanitary sewer line shall be tied to the City line located in the alleyway or to Cottonwood Street. 4. The existing water meter located in the proposed driveway along Cable Avenue must be moved or abandoned. Section 2. Notwithstanding the site plan attached hereto as Exhibit "B," the use of the property herein above described shall be in all other respects, subject to all of the applicable regulations contained in Ordinance 23-031 and the regulations contained in Chapter 30 of the Code of Ordinances of the City of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of October, 2023. _______________________________ - Mayor Roy West - 5 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Chris Boone, Assistant City Manager, Community Services MEETING DATE:October 17, 2023 REQUESTED ACTION:Council consider a request for a Specific Use Permit to allow a multi-family development in the CBD (Central Business District) District for property located at 704 Neches Street. BACKGROUND Richard Gilbert of GP Realty and Management, Inc, is requesting a Specific Use Permit to allow construction of a multiple-family development located at 704 Neches Street. The three (3) story building will contain twelve (12) units to be leased at market-rate. It should be noted; off-street parking requirements are exempt from developments within the CBD (Central Business District). Residential uses in the downtown planning area may bolster economic activity by increasing pedestrian traffic. At a Joint Public Hearing held on September 18, 2023, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a multi-family development in the CBD (Central Business District) District for property located at 704 Neches Street, with the following conditions: 1. Construction plans shall comply with all applicable Building, Engineering and Fire Code requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back-flow, pre- treatment and/or FOG program. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. Construction plans shall comply with all applicable Building, Engineering and Fire Code requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back-flow, pre- treatment and/or FOG program. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MULTI-FAMILY DEVELOPMENT IN A CBD (CENTRAL BUSINESS DISTRICT) FOR PROPERTY LOCATED AT 704 NECHES STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Richard Gilbert of GP Realty and Management, Inc. has applied for a specific use permit to allow a multi-family development in a CBD (Central Business District) for property located at 704 Neches Street, being Lots 474, Block 62, Original Townsite of Beaumont, Jefferson County, Texas, containing 0.165 acres, more or less, as shown on Exhibit “A,” attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit allow a multi-family development in a CBD (Central Business District) District for property located at 704 Neches Street, subject to the following conditions: 1. Construction plans shall comply with all applicable Building, Engineering, and Fire Code requirements; and, 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back- flow, pre- treatment and/or FOG program; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a multi-family development is in the best interest of the City of Beaumont and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a multi-family development in a CBD (Central Business District) for property located at 704 Neches Street, being Lots 474, Block 62, Original Townsite of Beaumont, Jefferson County, Texas, containing 0.165 acres, more or less, as shown on Exhibit “A,” attached hereto is hereby granted to Richard Gilbert of GP Realty and Management, Inc., their legal representatives, successors and assigns, as shown on Exhibit "B,” attached hereto and made a part hereof for all purposes, subject to following conditions: 1. Construction plans shall comply with all applicable Building, Engineering, and Fire Code requirements. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s back- flow, pre- treatment and/or FOG program. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto as Exhibit “B,” the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of October, 2023. _______________________________ - Mayor Roy West - 6 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Chris Boone, Assistant City Manager, Community Services MEETING DATE:October 17, 2023 REQUESTED ACTION:Council consider a request for the closure of access to Interstate 10 East Feeder Road from 8th and 9th Streets. BACKGROUND The Texas Department of Transportation (TXDOT) is requesting closure of access to Interstate 10 East Feeder Road from 8th and 9th Streets. This request is to facilitate construction of a sound wall barrier between the feeder road and the Oaks Historic District to minimize impact from the State’s IH-10 & US-69 Interchange Project. Traffic will be able to access the feeder road by way of 10th Street and 7th Street. This item was sent to all interested parties and received zero in opposition from City staff. At a Joint Public Hearing held on September 18, 2023, the Planning Commission recommended 7:0 to approve the request for the closure of access to Interstate 10 East Feeder Road from 8th and 9th Streets. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE ISSUSING THE CLOSURE OF ACCESS TO INTERSTATE 10 EAST FEEDER ROAD, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the Texas Department of Transportation (TXDOT) is requesting closure of access to Interstate 10 East Feeder Road from 8th and 9th Streets; and, WHEREAS, the request is to facilitate construction of a sound wall barrier between the feeder road and the Oaks Historic District to minimize impact from the State’s IH-10 and US-69 Interchange Project; and, WHEREAS, traffic will be able to access the feeder road by way of 10th Street and 7th Street; and, NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, THAT the City Council be and they are hereby authorized to approve the requested closure of access to Interstate 10 East Feeder Road from 8th and 9th Streets from the Texas Department of Transportation (TXDOT). The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of October, 2023. _______________________________ - Mayor Roy West - PUBLIC HEARING Council to conduct a Public Hearing to receive comments regarding the City’s Emergency Management Plan