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HomeMy WebLinkAbout10/10/2023 MINT E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner, Mayor Pro Tom ROY WEST, (MAYOR Randy 1✓eldschau, At -Large Taylor Noild, Ward I CITY COUNCIL MEETING Michael Getz, Ward 11 Audwin Samuel, Ward III October 10, 2023 Chris Durio, Ward III 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 Tern 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) ki 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 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 W 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 Tern Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, SAMUEL AND NEILD NAYS: COUNCILMEMBERFELDSCHAU 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 EMPOWERMENTZONE PROGRAM FOR THE DEVELOPMENT OF AN APARTMENT COMPLEX AT 4390 W. CARDINAL DRIVE. Mayor Pro Tem Turner seconded the motion. Minutes -- October 10, 2023 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 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 Minutes —October 'f 0, 2023 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 Tamiko Judge James & Kathy Perrio Manuel & Mayra Harrera Marylin K & Jerry Huff Milton Edwards Debra Harvey Contresia Richards 340 E Delaware Street 360 Manning Street 3855 Bryan Drive 11710 Carpenter Rd 11955 Loop Rd 755 Pollard Ave 9135 Gross Street 285 Manning Street $22,000.00 $20,000.00 $86,000.00 $64, 000.00 $78,000.00 $21, 000.00 $97,000.00 $23,000,00 Minutes -- October 10, 2023 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. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, FELDSCHAU, AND NEILD Minutes —October 10, 2023 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 Tern 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 MOTION PASSED ORDINANCE 23-077 Minutes — October 10, 2023 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: Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities forwater 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. 4. The existing water meter located in the proposed driveway along Cable Avenue must be moved or abandoned. Minutes — October 10, 2023 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 hail 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: Construction plans shall comply with all applicable Building and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities for waterand 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 Tern 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, 1N THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, FELDSCHAU, SAMUEL AND NEILD Minutes — October 10, 2023 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) Thatthe 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 l=eldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION DENIED 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) Minutes — October 10, 2023 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: Construction plans shall comply with all applicable Building, Engineering and Fire Code and requirements. 2. Construction plans must meet all requirements by Water Utilities forwater and sanitary sewer services, including any requirements of the City's backfiow, 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 backfiow, 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 - MAYOR PRO TEM TURNER - COUNCILMEMBER FELDSCHAU - Minutes — October 10, 2023 COUNCILMEMBE=R SAMUBL - COUNCILMEMBER NEILD - CITY ATTORNEY REED — PW DIRECTOR BARTKOWIAK — AGM BOONE — ACM ELLIS - CITY CLERK BROUSSARD - CFO SIMONEAUX - CITY MANAGER WILLIAMS - MAYOR WEST — With there beinti no Roy West, M?yor Tina Broussard, City Clerk ion, the meeting adjourned at 3:00 p.m. Minutes — October 10, 2023