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HomeMy WebLinkAbout12/05/2023 MIN/ 7 T E X A S MINUTES OF THE CITY OF BEAUNION-l' COMICIL-11TEETIVG Albert "A.J." Turner, Mayor Pro Tem ROY WEST, MAYOR Randy F'eldschau, At -Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward 11 Audwin Samuel, Ward III DECEMBER 5, 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 December 5, 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 Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1 & 11. (or any other topic). Items 2-10 have already been heard in a Public Hearing therefore, citizens can't speak on those items. Mayor West called the council meeting to order at 1:30 p.m. Reverend James Pevehouse with St. Mark's Episcopal 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, Getz, Feldschau, Samuel and Neild. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition ►I= Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1 & 11. (or any other topic). Items 2-10 have already been heard in a Public Hearing therefore, citizens can't speak on those items. (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) Mary Williams James Callas 9380 Riggs St. 5375 Rosemary Dr. Beaumont TX Beaumont TX Melissa Bradford 1700 11 th St. Beaumont TX Minutes — December 5, 2023 Charlie Crabbe 928 East Dr. Beaumont TX 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 November 21, 2023, City Council Meeting Minutes. B. Council to consider a resolution authorizing the City Manager to sign a Memorandum of Understanding (MOU) with the South East Texas Regional Planning Commission related to emergency notifications — Resolution 23-358 C. Council to consider a resolution authorizing the acceptance of a Boundary Line Agreement with the Beaumont Country Club — Resolution 23-359 D. Council to approve a resolution for the emergency purchase Of four compactor wheels - Resolution 23-360 E. Council to consider a resolution far the approval of an agreementwith OpenGov, Inc. in San Jose, CA, for the procurement of the OpenGov Budgeting and Planning software for $120,000 purchased from Vertosoft of Leesburg, VA — Resolution 23-361 F. Council to consider appointments to the Historic Landmark Commission — Resolution 23- 362 G. Council to consider appointments to the Parks and Recreation Advisory Committee — Resolution 23-363 H. Council to consider appointments to the Convention and Tourism Advisory Committee -- Resolution 23-364 Councilmember Neild moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TPM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED REGULAR AGENDA 1. Council to consider a resolution approving a contract for the phase III renovation of the Municipal Court Building located at 700 Orleans. The city solicited bids for phase III renovation of the third floor of the Municipal Court building. The renovation will create a finished space for the Real Time Crime Center for use by the Police Department. This contract does not include the audio-visual portion of the Real Time Crime Center. This will be issued under a separate contract. One hundred seventy-six (176) vendors were notified as well as advertising on the City web page and newspaper ads. Three Minutes — December 5, 2023 (3) bids were submitted. Delk Construction Inc. of Port Arthur, Texas, who completed phases I & 11, responded with the lowest qualified bid of $518,000 and 115 days to complete the project. Funds will come from 75% of the Port Security Grant, $388,500.00 and 25% will come from the Capital Reserve Fund $129,600.00. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT FOR THE PHASE III RENOVATION OF THE MUNICIPAL COURT BUILDING LOCATED AT 700 ORLEANS STREET WITH DELK CONSTRUCTION INC., OF PORT ARTHUR, TEXAS IN THE AMOUNT OF $518,000.00. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL NAYS: NONE ABSTAIN. COUNCILMEMBER NEILD MOTION PASSED RESOLUTION 23-365 2. Council to consider a request for a Specific Use Permit to allow a scrap recycling collection center within the Ll (Light Industrial) District for property located at 565 Orange Avenue. Husain Dadabhoy is requesting a Specific Use Permit to allow a scrap recycling collection center at 565 Orange Avenue. Operations of this facility will include the collection, purchase, and shipment of scrap metal and other recyclable materials from both the public and industrial sources. They will collect various recyclable materials such as scrap metal, plastics, paper, and electronics and offer fair market prices encouraging individuals and businesses to participate actively in recycling efforts. The site will consist of concrete pathways within the yard, construct a storage building, and include a small office space for administration. At a .Joint Public Hearing held on November 20, 2023, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a scrap recycling collection center within the LI (Light Industrial) District for property located at 565 Orange Avenue, with the following conditions: 1, 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. 2. Construction plans shall comply with all applicable Building and Fire Codes. 3. Shall install an 8' wood, masonry, or metal fence around the perimeter of the property if materials are stored outside of a building. 4. Storage of any kind shall not encroach Onto any public right-of-way. Minutes — December 5, 2023 5. Shall adhere to all State statutes, local ordinances and required licensing for a metal recycling entity. Approval of the ordinance, with the following conditions: 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. 2. Construction plans shall comply with all applicable Building and Fire Codes, 3. Shall install an 8' wood, masonry, or metal fence around the perimeter of the property if materials are stored outside of a building. 4. Storage of any kind shall not encroach onto any public right-of-way, 5. Shall adhere to all State statutes, local ordinances and required licensing for a metal recycling entity. Mayor Pro Tern Turner moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SCRAP RECYCLING COLLECTION CENTER IN A L[ (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED AT 565 ORANGE AVENUE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-092 3. Council to consider a request for a Specific Use Permit to allow a heavy equipment dealership and repair shop within the GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 3265 Eastex Freeway. Jennifer King requests approval of a Specific Use Permit to allow a John Deere equipment dealership and repair shop to be located at 3265 Eastex Freeway. The building existing at this location has been used as an automotive collision and body shop for some time. Planning and Zoning relies on Section 28.03.023 Permitted Uses of the City's Code of Ordinances to determine where land use is permitted, conditionally permitted, or not permitted in certain zoning districts. The categorization of businesses derives from the Standard Industrial Classification Manual published by the Executive Office of the President Office of Management and Budget. Strict compliance of the ordinances requires a successful Specific Use Permit for a heavy equipment dealership to operate within the GC -MD zoning district. The proposed use appears to be compatible with the proposed location in respect to existing surrounding land uses. Minutes -- December 5, 2023 At a Joint Public Hearing held on November 20, 2023, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a heavy equipment dealership and repair shop within the GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 3265 Eastex Freeway, with the following conditions: 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. 2. Construction plans shall comply with all applicable Building and Fire Codes. 3. Equipment shall not encroach or be displayed within any easements or right-of- way. 4. Shall install a 6' wide landscaping buffer along the Eastex Freeway and parking lot in accordance with Section 28.04.006 Landscaping and screening requirements. All parts of the landscaping must be installed on private property not to encroach TXDOT's right-of-way. Approval of the ordinance, with the following conditions: 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. 2. Construction plans shall comply with all applicable Building and Fire Codes, 3. Equipment shall not encroach or be displayed within any easements or right-of- way. 4. Shall install a 6' wide landscaping buffer along the Eastex Freeway and parking lot in accordance with Section 28.04.006 Landscaping and screening requirements. All parts of the landscaping must be installed on private property not to encroach TXDOT's right-of-way. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A HEAVY EQUIPMENT DEALERSHIP AND REPAIR SHOP IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3265 EASTEX FREEWAY, WITH THE CONDITIONS, BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSGHAU, SAMUEL AND NEILD NAYS, NONE MOTION PASSED ORDINANCE 23-093 Minutes — December 5, 2023 4. Council to consider a request for an Amended Specific Use Permit for a new classroom building within the RS (Residential Single -Family Dwelling) District for property located at 8200 Highway 105. Legacy Christian Academy requests approval of an Amended Specific Use Permit to allow a new classroom building to be constructed on the property located at 8200 Highway 105. The new classroom will be approximately 9,300 Sq Ft in size and is to be comprised of eight (8) classrooms, restrooms and a teach workroom area. This building will serve junior high students for normal classroom activities. At a Joint Public Hearing held on November 20, 2023, the Planning Commission recommended 6:0 to approve the request for an Amended Specific Use Permit for a new classroom building within the RS (Residential Single -Family Dwelling) District for property located at 8200 Highway 105, with the following conditions: 1. 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. 2. Construction plans shall comply with all applicable Building and Fire Codes. Approval of the ordinance, with the following conditions: 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. 2. Construction plans shall comply with all applicable Building and Fire Codes. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT FOR A NEW CLASSROOM BUILDING IN AN Rs (RESIDENTIAL SINGLE- FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 8200 HIGHWAY 105, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-094 5. Council to consider a request for a Specific Use Permit and Rezone from RS (Residential Single -Family Dwelling) District to GC-MD-2 (General Commercial -Multiple Family Dwelling- 2) District to allow a floor covering store for property located at 505 25th Street. Hillary Dishman of The Floor Shoppe is requesting a Rezone with a Specific Use Permit to allow a floor covering business at 505 25th Street. The business operations will include sale of interior design, furniture, flooring, bedding and more. The subject property is located at the Minutes — December 5, 2023 western corner of 25th Street and Calder Avenue and is to be rezoned from R-S (Residential Single -Family Dwelling) to GC-MD-2 (General Commercial Multiple -Family Dwelling-2). Commercially zoned property exists in this area along the south side of Calder Avenue and the intersection of W. Lucas Drive and Calder Avenue, however, the numbered streets of 19th through 25th including Thomas and Circuit Roads are residentially zoned on both sides of the streets and should remain so. Any change to this pattern may allow for similar encroachments into residential areas along the other mentioned streets. In addition, it should be noted that the "15-minute city," is an emerging trend forcity planning. A 15-minute city is an urban planning concept in which most daily necessities and services such as work, shopping, education, healthcare, and leisure can be easily reached by a 15-- minute walk, bike ride or public transit ride from any point in the city. While rezoning may be advocated for other parts of the city to accommodate this concept, this area is already established as such. Therefore, the request to Rezone 505 25th Street may encourage infiltration of commercial uses into an established single-family dwelling neighborhood when it may not be necessary. At a Joint Public Hearing held on November 20, 2023, the Planning Commission recommended 5:0:1 to deny the request for a Specific Use Permit and Rezone from RS (Residential Single -Family Dwelling) District to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District to allow a floor covering store for property located at 505 25th Street. Should the Council choose to approve the request, suggested conditions related to the Specific Use Permit are as follows: Construction plans must meet all requirements by Water Utilities for ware and sanitary sewer services, including any requirements of the city`s backflow, pre- treatment and or FOG program. 2. No permanent structures or appurtenances shall be placed within the easement, alleyway or right-of-way property. 3. Construction plans shall comply with all applicable Building and Fire Codes, 4. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 5. All lightning installed must be directional and shielded from all residential properties to the north, northeast and east. 6. All business operations shall be in compliance with Section 28.04.007 Performance Standards. Denial of the ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FLOOR COVERING STORE IN A GC-MD-2 (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 505 25TH STREET, WITH THE Minutes — December b, 2023 CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Feidschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NE,ILD NAYS: NONE MOTION PASSED ORDINANCE 23-095 Councilmember Neild 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 GC-MD-2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 505 26TH STREET, WITH THE CONDITIONS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-096 6. Council to consider a request for a Specific Use Permit and Rezone from NC (Neighborhood Commercial) District to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District to allow a boarding house for property located at 3875 Laurel Street. The Hope Women's Resource Clinic requests approval for a Rezone from NC (Neighborhood Commercial) to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) and a Specific Use Permit to allow a boarding house to be located at 3875 Laurel Street. The building will contain five (5) rooms and two (2) private bathrooms, one common area, and one utility room for all residents to share. The Hope House intends to offer temporary housing for women who are unemployed, dependent on a spouse or family member(s), Or unable to financially support themselves and children. The facility will give women with children time to find long- term solutions to housing, food and income. At a Joint Public Hearing held on November 20, 2023, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit and Rezone from NC (Neighborhood Commercial) District to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District to allow a boarding house for property located at 3875 Laurel Street, with the following conditions: Minutes — December 5, 2023 1. 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. 2. No permanent structures or appurtenances shall be placed within the easement property. 3. Construction plans shall comply with all applicable Building, Engineering and Fire Codes. Approval of the ordinance, with the following conditions: 1. 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. 2. No permanent structures or appurtenances shall be placed within the easement property. 3. Construction plans shall comply with all applicable Building, Engineering and Fire Codes. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICT, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 3875 LAUREL STREET, WITH THE CONDITIONS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Getz seconded the motion. AYES; MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS. NONE MOTION PASSED ORDINANCE 23-097 Councilmember Nelld moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BOARDING HOUSE 1N A GC-MD-2 (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 3875 LAUREL STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, Councilmember Samuel seconded the motion. AYES; MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILM)MBEWRS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS. NONE Minutes — December 5, 2023 MOTION PASSED ORDINANCE 23-098 7. Council to consider a request for an Amended Specific Use Permit to expand a pregnancy resource clinic within the RM-H (Residential Multiple Family Dwelling -Highest Density) District for property located at 3740 Laurel Street. The Hope Women's Resource Clinic requests approval for an Amended Specific Use Permit to add approximately 1,200 SQFT onto the north side of their main building located at 3740 Laurel Street. The operations of the clinic have outgrown the existing facility; therefore, expansion of the building will allow the clinic to offer more services to smaller groups at a time. The parenting center will accommodate classes and shopping for 4 days per week and open hours will extend from 10 a.m. to 2 p.m., Monday through Thursday. Additionally, this expansion will allow the current program to extend until a child's third birthday, which has become a greater need in this economy. At a Joint Public Hearing held on November 20, 2023, the Planning Commission recommended 6:0 to approve the request for an Amended Specific Use Permit to expand a pregnancy resource clinic within the RM-H (Residential Multiple Family Dwelling -Highest Density) District for property located at 3740 Laurel Street, with the following conditions: 1. 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. 2. Construction plans shall comply with all applicable Building and Fire Codes. Approval of the ordinance, with the following conditions: 1. 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. 2. Construction plans shall comply with all applicable Building and Fire Codes. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO EXPAND A PREGNANCY RESOURCE CLINIC IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 3740 LAUREL STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-099 Minutes -- December 5, 2023 8. Council to consider a request for a Rezoning from LI (Light Industrial) District to PD (Port Development) District for property located at 1200 Park Street. The Port of Beaumont requests the property located at 1200 Park Street to be rezoned from LI (Light Industrial) to PD (Port Development) District. They intend to develop the site to accommodate truck queuing, cargo storage and workforce development to increase efficiency of operations and adjust to the growing infrastructure needs associated with moving goods and services to and from the Port. This request aligns with the interlocal agreement between the Port of Beaumont and the City of Beaumont executed by Resolution No. 23-015 in January of 2023. At a Joint Public Hearing held on November 20, 2023, the Planning Commission recommended 5:0:1 to approve the request for a Rezoning from LI (Light Industrial) District to PD (Port Development) District for property located at 1200 Park Street. Approval of the ordinance. Councilmember Neild 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 LI ( LIGHT INDUSTRIAL) DISTRICT TO PD (PORT DEVELOPMENT) DISTRICT FOR PROPERTY LOCATED AT 1200 PARK STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING FOR A PENALTY. Councilmember Feldscahu seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHALI, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-100 9. Council to consider a request for a Rezoning from C -M (Commercial -Manufacturing) District to PD (Port Development) District for property located at 412 Emmett Avenue, 1353-1399 Park Street, and properties just north and east of 1353 Park Street. The Port of Beaumont requests a Rezone to a 2.76-acre portion of property located at 412 Emmett Avenge and properties adjacent to the north and east and 1353-1399 Park Street from C, M (Commercial - Manufacturing) to PD (Port Development) District. They intend to develop the site to accommodate truck queuing, cargo storage and workforce development to increase efficiency of operations and adjust to the growing infrastructure needs associated with moving goods and services to and from the Port. This request aligns with the interlocal agreement between the Port of Beaumont and the City of Beaumont executed by Resolution No. 23-015 in January of 2023. At a Joint Public Hearing held on November 20, 2023, the Planning Commission recommended 5:0:1 to approve the request for a Rezoning from C-M (Commercial - Manufacturing) District to PD (Port Development) District for property located at 412 Emmett Avenue, 1353-1399 Park Street, and properties just north and east of 1353 Park Street. Minutes — December 5, 2023 Approval of the ordinance. Councilmember Feldschau 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 C-M (COMMERCIAL - MANUFACTURING) DISTRICT TO PD (PORT DEVELOPMENT) DISTRICT FOR PROPERTY LOCATED AT 412 EMMETT AVENUE, 1353-1399 PARK STREET, AND PROPERTIES JUST NORTH AND EAST OF 1353 PARK STREET BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY, Councilmember Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-101 10. Council to consider a request for a Rezoning from RM-H (Residential Multiple Family Dwelling -Highest Density) District to (HI) Heavy Industrial) District or a more restrictive zoning district for property located at 2055 South Street. Jessie Bobb is requesting a Rezoning of the property from RM-H (Residential Multiple -Family Dwelling -Highest Density) District to HI (Heavy Industrial) District or a more restrictive zoning district to the property located at 2055 South Street. Mr. Bobb intends to use the site to park cars as an extension of his business located across the street, 2030 South Street. It should be noted, records show that business to have multiple violations over the past ten (10) years for junk motor vehicles and storage of cars within the public right-of-way. The HI zoning district in this area was established to reflect the industrial uses east of 4th Street and for a limited extent west of 4th Street. The zoning map, Exhibit A, clearly shows where the line of demarcation has held for decades, allowing the old uses, but protecting the adjacent neighborhood. Any change to this pattern could encourage further erosion of the neighborhood to the west. At a Joint Public Hearing held on November 20, 2023, the Planning Commission recommended 6:0 to deny the request for a Rezoning from RM-H (Residential Multiple Family Dwelling -Highest Density) District to (HI) Heavy Industrial) District or a more restrictive zoning district for property located at 2055 South Street. Denial of the ordinance. Councilmember Neild moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 2055 SOUTH STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Samuel seconded the motion. Minutes — December 5, 2023 AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEIL❑ NAYS; NONE MOTION PASSED PUBLIC HEARING 4- Council to Conduct a Public Hearing on the Creation of a Reinvestment Zone Public Hearing Open: 2:25 p.m. 1Ill C•= Public Hearing Close: 2:25 p.m. Council to conduct a Public Hearing and consider an ordinance to amend the Qualified Veterans Pass Program Public Hearing Open: 2:19 p.m. Mary Williams 9380 Riggs St. Beaumont TX Charlie Crabbe 928 East Dr, Beaumont TX Public Hearing Close: 2:24 p.m. REGULAR AGENDA 11. Council to conduct a Public Hearing and consider an ordinance to amend the Qualified Veterans Pass Program. On November 7, 2023, Zip, formerly known as Beaumont Municipal Transit System, requested authorization to establish the Qualified Veterans Pass Program for qualified veterans to receive waived fares to both fixed route and paratransit transportation services. The original proposal defined a qualified veteran as a person who served in any branch of the United States Armed Forces who has an eligible disability and/or received a Medal of Valor honor. During discussion on this item, the City Council indicated an interest in expanding the program to waive transit fares for all veterans. If approved, Zip will partner with the Veterans Administration Office to confirm eligibility records. Each veteran who enrolls into the program will receive a Veterans Pass free of charge, in which they would show the driver prior to boarding the bus to receive a waived fare to transportation services. The transit system is funded through a combination of rider fares, monies from the General Fund as well as grants from the Texas Department of Transportation and the Federal Transit Administration. Minutes — December 5, 2023 Approval of the ordinance. Councilmember Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE QUALIFIED ZIP VETERANS PASS PROGRAM. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-102 WORK SESSION 4. Work Session to discuss and obtain guidance for the prioritization of work related to the FY2024 CIP item for Sidewalk Repair, COUNCILMEMBER COMMENTS (Councilmember comments can be heard orseen atthe City of Beaumont website at beaumonttexas.gov) COUNCILMEMBER TEM DURIO - COUNCILMEMBER GETZ - MAYOR PRO TEM TURNER - COUNCILMEMBER FELDSCHAU - COUNCILMEMBER SAMUEL - COUNCILMEMBER NEILD - CITY ATTORNEY REED -- PW DIRECTOR BARTKOWIAK -- ACM BOONE — ACM ELLIS - CITY CLERK BROUSSARD - CITY MANAGER WILLIAMS - MAYOR WEST - - Minutes --- December 5, 2023 With there beingfio Exec tive 5ession, the meeting adjourned at 3:15 p.m. Z /' - 'Pw /L/41"� RwA We ark r Tina Broussard, City Clerk Minutes — December 5, 2023 ABSTENTION AFFIDAVIT THE STATE OF TEXAS § COUNTY OF JEFFERSON § r I �y^ „ ( �1 as a member of the (city Cyr om_ ,until., Commission, or i B&a-r lake this/ affidavit and hereby on oath state the following: 1, and/or a person or persons related to me, havp,_a- ubstantial interest in a business entity that would be peculiarly affected by a vote or decision of the._ W._ lhl� (CityCouncil, Commission, or Board) as those terms are defined in V.T.C.A. Local Government Code, § 171'.002. The business entity is:-:4 'L i �l 6XY� . f) .. v (Name) �((Ad�ress) ("I," or name of relative and relationship) have/has a substantial interest in this business entity for the following reasons: (check all of which are applicable.) Ownership of 10 percent or more of the voting stock or shares of the business entity. Ownership of either 10 percent or more or $15,000 or more of the fair market value of the business entity. Funds received from the. business entity exceed 10 percent of (my, her, his). gross income for the previous year. Real property is involved, and (I, he, she) have an interest which is an equitable or legal ownership with a fair market value of. at least $2,500. A relative of mine, within the first or second degree by blood or marriage, has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Clerk, I affirm that 1 will abstain from voting on any decision involving this business entity and from any further participation on this chatter whatsoever. Signed this the �J_)..�day of BEFORE ME, the undersigns nnA nn nafh cfnfPtj that' fha f� SWORN to and subscribed before me o, his the.r dayf, `��, 20 . r77. _. - NotaryPublic in and for the Sate of Texas ` �c;^. Notary PuMc, Stet, of Texas ��° ti' t,ar3�rr , Ev. Tres 01-12-2027 z;(S '