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HomeMy WebLinkAbout07/02/2024 PACKET REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, JULY 02, 2024 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS Communications Update Update on new use of Artificial Turf RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Citizens may speak on the Consent Agenda/Regular Agenda Items 1-10, 12 & 13 (or any other topic). Item 11 has already been heard in a Public Hearing therefore, citizens cannot speak on the item. 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 June 18, 2024, City Council meeting minutes. B.Council consider a resolution approving the renewal of an annual maintenance agreement with SirsiDynix of Lehi, UT for use in the libraries. C. Council consider a resolution listing the authorized grant officials for the Southeast Texas Auto Theft Task Force to receive funding for the Catalytic Converter Program Grant through the Motor Vehicle Crime Prevention Authority for the 2025 grant year. D. Council consider a resolution changing authorized signatories for any institution the City Council has already designated or may designate as a depository for the City of Beaumont for banking. E.Council consider a resolution authorizing the conveyance of a Drainage Easement to Jefferson County Drainage District No. 6. F.Council consider a resolution appointing members to the Parks and Recreation Advisory Committee. G.Council consider a resolution approve the purchase of audio and video equipment from various vendors for use in the Police Real Time Crime Center (RTCC). REGULAR AGENDA 1.Approve a resolution allowing the city to terminate agreements with water customers that provide for special rates. 2. Council consider a resolution authorizing the City Manager to award a contract to Eastex Utility Construction, of Beaumont, for the Euclid Street and 11th Street Storm Sewer Repair Project. 3. Council consider a resolution authorizing the City Manager to award a contract to Vortex Companies for the Belvedere Dr and Clinton St Storm Sewer Outfall Emergency Repair Project. 4. Council consider a resolution designating the City Manager as authorized signatories for contractual and financial documents to apply for and receive funding from the Texas Community Development Block Grant Disaster Recovery Program. 5. Council consider a resolution authorizing the purchase of two Chevrolet Silverado pickup trucks for the Southeast Texas Auto Theft Task Force. 6.Council consider authorizing the City Manager to enter into an agreement with Diamond Homes, LLC. for economic development incentives under the Neighborhood Empowerment Zone Program for the development of a residential new construction at 3480 Goliad. 7. Council consider authorizing the City Manager to enter into an agreement with Diamond Homes, LLC. for economic development incentives under the Neighborhood Empowerment Zone Program for the development of a residential new construction at 3470 Goliad. 8.Council consider authorizing the City Manager to enter into an agreement with Diamond Homes, LLC. for economic development incentives under the Neighborhood Empowerment Zone Program for the development of a new residential construction at 3185 Elinor Street. 9. Council consider authorizing the City Manager to enter into an agreement with Diamond Homes, LLC. for economic development incentives under the Neighborhood Empowerment Zone Program for the development of a residential new construction at 3485 Pradice Street. 10.Council consider authorizing the City Manager to enter into an agreement with Diamond Homes, LLC. for economic development incentives under the Neighborhood Empowerment Zone Program for the development of a residential new construction at 3520 Pradice Street. 11.Council consider a request for a Specific Use Permit and a Rezone from RM-M (Residential Multiple Family-Medium Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District or a more restrictive zoning district to allow an automotive paint and body shop for property located at 3480 Benchmark Drive. PUBLIC HEARING Council to Conduct a Public Hearing to Consider Finding and Ratifying the Determination of the Public Health Director that a Public Health Nuisance exits on the property owned by Robert S. Mode at 1495 Wall St. Council to Conduct a Public Hearing to Consider Finding and Ratifying the Determination of the Public Health Director that a Public Health Nuisances exist on the property owned by Randy and Virginia Mott at 9080 Washington Blvd. REGULAR AGENDA 12.Request a public hearing and for the council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Robert S Mode at 1495 Wall St. 13.Council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Randy and Virginia Mott at 9080 Washington Blvd. WORK SESSION Council to Discuss the Public Safety Fee Waiver and Vacant Building Registry Ordinance 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:July 2, 2024 REQUESTED ACTION:Council to consider approving the June 18, 2024, City Council meeting minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the minutes. ATTACHMENTS Minutes - June 18, 2024 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 IIIJUNE 18, 2024 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 June 18, 2024, 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 1-7, 9 &10. (or any other topic). Item 8 has 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. Pastor Phillip Battles with New Faith Holiness 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 (arrived at 1:37 p.m.), Councilmembers Durio, Getz (arrived at 1:33 p.m.), Feldschau and Neild. Absent: Councilmember Samuel. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition “ Juneteenth Holiday” – June 19, 2024 – Proclamation ready by Tina Broussard, City Clerk Presentation – Public Service Awards LASTNAMEFIRSTNAMEDPT/DIV/ACTPOSITIONYrs of SVC SR. WATER UTILITIES BoudreauxDeniseWATER DIST & MAINTDISPATCHER35 DumasJuliaHEALTH SERVICESVITAL STATIS. REGISTRAR35 Ware IIIWilliamFIRE SUPP-C SHIFTFIRE CAPTAIN35 CRIMINAL BorreroYvetteINVESTIGATIONS POLICE SERGEANT30 Minutes – June 18, 2024 POLICE/911 911 CENTER SHIFT BrannenMonicaDISPATCH/POLICSUPERVISOR30 CRIMINAL ColeKellyINVESTIGATIONSPOLICE LIEUTENANT30 TENNIS FACILITY GroganRussellTENNIS CENTERMANAGER30 MeierBoydBUILDING CODESBUILDING OFFICIAL30 WagnerTroyPATROLPOLICE OFFICER30 CLINICAL NURSE AlexanderMaryCLINICAL SERVICESMANAGER25 EMPLOYEE BENEFITS KrystofiakSusanBENEFITSADMIN.25 Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-7, 9&10. (or any other topic). Item 8 has already been heard in a Public Hearing therefore, citizens can’t speak on that item. (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) th Theresa Goodness985 19 St.Beaumont TX Kate Hambright7 Cheska HollowBeaumont TX Christina Crawford2545 HarrisonBeaumont TX Steven Lewis540 CampusBeaumont TX Shelby Brannon6695 Knollwood Dr.Beaumont TX Luther Holmes930 Ceder #210Beaumont TX th Michele Modica3200 16 St. #116Washington DC William Johnson1045 MadisonBeaumont TX Charlie Crabbe928 East Dr.Beaumont TX Christopher Jones1045 Doucette Ave.Beaumont TX Tyrone Thompson3445 Cherry Dr.Beaumont TX Dean Tucker2550 Long Ave.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 June 4, 2024, City Council meeting minutes. Minutes – June 18, 2024 B.Council to consider amending Resolution 24-001 to have a rest the week of July 16, 2024 – Resolution 24-143 C.Council to consider a resolution approving the annual renewal for server hosting the Cityworks and ArcGIS – Resolution 24-144 D.Council to consider a resolution approving an annual maintenance agreement from ESO Solutions, Inc., of Dallas, TX that is utilized by Fire and EMS – Resolution 24-145 E.Council to consider a resolution authorizing the acceptance of a ten foot (10’) wide non- exclusive Sanitary Sewer Easement – Resolution 24-146 Councilmember Durio moved to approve the Consent Agenda. Councilmember Getz seconded the motion. Councilmember Neild asked that Item F be voted upon separately. Councilmember Neild moved to approve the Consent Agenda excluding Item F. Mayor Pro Tem Turner seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, AND NEILD NAYS:NONE MOTION PASSED F.Council to consider a resolution authorizing the settlement of the claim of Danette Mickens – Resolution 24-147 Mayor Pro Tem Turner moved to deny Item F. Councilmember Neild seconded the motion. AYES:MAYOR PRO TEM TURNER, COUNCILMEMBER NEILD NAYS:MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU MOTION FAILED Councilmember Getz moved to approve Item F. Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU NAYS:MAYOR PRO TEM TURNER, COUNCILMEMBER NEILD MOTION PASSED REGULAR AGENDA Minutes – June 18, 2024 1.Council to consider an ordinance authorizing the issuance of City of Beaumont, Texas, Waterworks and Sewer System Revenue Bonds, Series 2024, and authorizing the Mayor or City Manager and Chief Financial Officer to approve the amounts, interest rates, prices, and terms thereof for both series and to execute all documents related to the sale of the Bonds. As presented in a work session during the budget process, $60 million is required to complete projects related to water and sewer infrastructure improvements that are currently under construction and/or design. With the quickly changing financial markets, the most favorable time to enter the market may not be the day before a City Council meeting. Instead, the ability of a local government to time its entry into the financial markets and thereby obtain the best borrowing terms can significantly impact the borrowing costs. Section 1207.007 Texas Government Code allows a City to enter into the bond market at any time in accordance with parameters established and approved by the City Council. Through a parameter bond ordinance, a Council delegates final pricing authority to a Pricing Officer, usually the Mayor or City Manager, CFO and/or City Manager’s Designee, and establishes and approves bond sale parameters such as maximum interest rate, minimum savings threshold for refunding, maximum aggregate principal amount of issue, final maturity date and expiration of delegated authority which is normally six (6) months. The Pricing Officer can only approve the sale if all parameters are met. This results in flexibility such that the bond issue may be priced at any time and in an interest rate environment that is advantageous to the City rather than being locked into pricing on the date of Council meetings. The proposed parameters included in the proposed ordinance for Series 2024, as described above, includes: Delegated Pricing Officers: Mayor or City Manager and Chief Financial Officer. Maximum Principal Amount Series 2024: $60 million. Interest Rate: Not greater than 6.0% per annum. Expiration of Parameter Authority: December 15, 2024. Interest will be payable semiannually in March and September beginning March 1, 2025. Funds will come from the Water Utilities Fund. Approval of the ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AUTHORIZING THE ISSUANCE OF THE CITY OF BEAUMONT, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 2024 IN ONE OR MORE SERIES OR SUBSERIES AS MAY BE FURTHER DESIGNATED; AUTHORIZING EACH OF THE MAYOR, THE CITY MANAGER AND THE CHIEF FINANCIAL OFFICER TO APPROVE THE AMOUNTS, INTEREST RATES, PRICES, AND TERMS THEREOF AND CERTAIN OTHER MATTERS RELATING THERETO; PROVIDING FOR THE PAYMENT THEREOF; MAKING OTHER PROVISIONS REGARDING SUCH BONDS INCLUDING AUTHORIZING THE PREPARATION AND DISTRIBUTION OF ONE OR MORE PRELIMINARY OFFICIAL STATEMENTS AND AUTHORIZING THE Minutes – June 18, 2024 PREPARATION AND DISTRIBUTION OF ONE OR MORE OFFICIAL STATEMENTS AND MATTERS INCIDENT THERETO; AWARDING THE SALE OF THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE BOND PURCHASE AGREEMENTS; AUTHORIZING BOND INSURANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR AGREEMENT AND OTHER RELATED DOCUMENTS; AND MAKING OTHER PROVISIONS REGARDING SUCH BONDS. Mayor Pro Tem Turner seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, AND NEILD NAYS:NONE MOTION PASSED ORDINANCE 24-028 2.Council to consider a resolution awarding Hotel Occupancy Tax Grant awards for FY25 funding. In accordance with the new Hotel Occupancy Tax (HOT) Grant review process implemented last year, applications for HOT funding have been submitted for review by the Beaumont Convention and Visitors Bureau’s HOT Grant Review Committee. Attached are the recommendations from the Committee. The council is being asked to review and approve funding for the HOT grants, taking into consideration the applications submitted that were reviewed, evaluated and recommended by the HOT Grant Review Committee. Funds will come from the Hotel Occupancy Tax. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL BE AND THEY ARE HEREBY AUTHORIZED TO REVIEW AND APPROVE FUNDING FOR THE HOTEL OCCUPANCY TAX APPLICATIONS FOR THE HOTEL OCCUPANCY TAX GRANT FY 2025 CYCLE IN THE AMOUNT OF $300,000.00. Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 24-148 3.Council to consider a resolution accepting maintenance of the water improvements in Wesley Addition Subdivision. (Item was pulled) On May 29, 2024, a final inspection from Water Utilities was completed for the following: Vinson Street, from Tram Road to approximately 1,300 feet heading south. Minutes – June 18, 2024 Recommended for approval are the water improvements for Wesley Addition Subdivision, within the right-of-way only. Approval of the resolution. 4.Council to consider a resolution approving the repair of two pumps for the Royal Street Underpass Pump Station. The Royal Street Underpass Pump Station pumps storm water from Dr. Martin Luther King, Jr. (MLK) Parkway in the section between Franklin St and College St. The station operates four (4) submersible pumps. Due to the age of the pumps and the abrasive nature of the storm water, the pumps began to fail and need significant repairs to continue to function until new pumps can be acquired. The station is currently operating with two pumps, supplemented by one (1) temporary pump. Triangle Rotating Equipment Specialists of Nederland, TX, was hired to inspect the pumps, and determine what repairs are required. The repair scope is to blast and prime all parts; clean, rewind, dip, and bake the motor; replace all bearings; repair all seals and furnish new O-rings; reassemble motor and pump; test run start up. The work is expected to be completed before the end of July. All work not to exceed $110,000. Funds will come from Certificates of Obligation. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE REPAIR OF TWO (2) PUMPS FOR THE ROYAL STREET UNDERPASS PUMP STATION FROM TRIANGLE ROTATING EQUIPMENT SPECIALIST OF NEDERLAND, TEXAS IN AN AMOUNT NOT TO EXCEED $110,000.00. Councilmember Neild seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 24-149 5.Council to consider a resolution authorizing the City Manager to award a contract to Underground Construction Solutions, LLC, of Houston, Texas for the LaBelle Park Waterline Extension (IH – 10 – LNVA Canal to Walden Road). The LaBelle Park Waterline Extension will upgrade the existing 6” water line to a new 12” water line along Interstate 10 from the LNVA Canal to Walden Road. Minutes – June 18, 2024 On May 9, 2023, five (5) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer’s Estimate for the contract is $608,045.00. ContractorLocationTotal Bid Amount Underground Construction Solutions, LLC Houston, TX$569,750.00 Eastex Utility Construction, LLC Beaumont, TX$726,610.00 SETEX Construction Corp.Beaumont, TX $746,100.00 Jet Aeration of Texas, LLCVidor, TX$763,656.02 Brystar Contracting, Inc.Beaumont, TX$855,695.00 Based on review of the bids, required documents received, and background reference checks, Water Utilities recommends awarding the project to the lowest bidder, Underground Construction Solutions, LLC, in the amount of $569,750.00. A total of 120 calendar days are allocated for substantial completion of the project. Funds will come from the Water Revenue Bonds. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH UNDERGROUND CONSTRUCTION SOLUTIONS, LLC, OF HOUSTON, TEXAS, IN THE AMOUNT OF $569,750.00 FOR THE LABELLE PARK WATERLINE EXTENSION (IH-10-LNVA CANAL TO WALDEN ROAD). Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 24-150 6.Council to consider a resolution accepting maintenance of the street, storm sewer, water, and sanitary sewer improvements in Spring Wood Subdivision, Section 4. On May 31, 2024, a final inspection from all entities was completed for the following: Alexis Street approximately 407 feet extension northwest of existing Alexis Street to include Cul-de-sac. Rachel Lane approximately 220 feet heading northeast from Alexis Street to include Cul-de-sac. Recommended for approval and acceptance are the street, storm sewer, water, and sanitary sewer improvements for Spring Wood, Section 4 right-of-way only. Minutes – June 18, 2024 Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CONSTRUCTION OF THE STREETS, STORM SEWER, WATER AND SANITARY SEWER IMPROVEMENTS IN SPRING WOOD SUBDIVISION, SECTION 4, RIGHT-OF-WAY ONLY, WITH THE EXCEPTION OF STREETLIGHTS, ARE HEREBY ACCEPTED BY THE CITY OF BEAUMONT AND SHALL BE CONTINUOUSLY MAINTAINED BY THE CITY CONTINGENT UPON FILING OF THE FINAL PLAT, COMPLETE WITH FILINGS OF DEDICATION OF ALL RIGHTS-OF-WAY AND EASEMENTS REQUIRED ON THE PRELIMINARY AND FINAL PLATS AND INSTALLATION OF THE STREETLIGHTS. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 24-151 7.Council to consider an ordinance denying Texas Gas Service Company proposed rates. Texas Gas Service (TGS) filed an application with the city for an increase in gas service rates. The total rate increase requested is $25.8 million annually, representing a 15.59% increase in non-gas revenues. If approved, the average increase per residential customer would be $6.26 for usage of 17 Ccf per month and $9.53 for usage of 43 Ccf per month. If no action is taken the gas service rate increase will become effective on July 8, 2024. Approval of the ordinance will allow for proper review of the application. Reasonable expenses associated with rate cases are reimbursable by the company as approved in the Public Utility Regulatory Act. Approval of the ordinance. Mayor Pro Tem Turner moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE FOR AN ADDITIONAL NINETY (90) DAYS BEYOND THE EFFECTIVE DATE PROPOSED BY TEXAS GAS SERVICE COMPANY, A DIVISION OF ONE GAS, INC., IN CONNECTION WITH ITS STATEMENT OF INTENT TO INCREASE RATES WITHIN THE INCORPORATED AREAS OF THE CENTRAL-GULF SERVICE AREA, FILED ON JUNE 3, 2024; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY’S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE RAILROAD COMMISSION OF TEXAS; REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Councilmember Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, AND NEILD NAYS:NONE MOTION PASSED Minutes – June 18, 2024 ORDINANCE 24-029 8.Council to consider a request to abandon a sanitary sewer easement in Lot 8 of the College Acres Addition. Jared Riggenbach has applied for the abandonment of a 6’ wide sewer line easement at 4595 College Street. The easement is located along the southern property line of Lot 8 in the College Acres Addition. Redevelopment of this property for an O’Reilly Auto Parts shop requires the sanitary sewer line to be re-routed to accommodate their plan, which necessitates an abandonment of the existing sewer easement. At a Joint Public Hearing held on February 26, 2024, the Planning Commission recommended 6:0 to approve the request to abandon a sanitary sewer easement in Lot 8 of the College Acres Addition, with the following condition: 1.A new easement and sanitary sewer line to be dedicated to the city. Approval of the ordinance, with the following condition: 1.A new easement and sanitary sewer line to be dedicated to the city. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING A SANITARY SEWER EASEMENT IN LOT 8 OF THE COLLEGE ACRES ADDITION AT 4595 COLLEGE STREET, WITH THE CONDITION, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Neild seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, AND NEILD NAYS:NONE MOTION PASSED ORDINANCE 24-030 PUBLICHEARING Council to Conduct a Public Hearing to update the City’s Drought Contingency Plan and Conservation Plan as required every 5 Years by the Texas Water Development Board. Citizens can make Public Comments Regarding Either Plan or Changes Proposed. The Drought Contingency Plan lays out the Guidelines for Implementing and Enforcing Water use during Periods of High Demand and the Conservation Plan sets Goals to Reduce Water Use Per Capita. Public Hearing Open: 2:42 p.m. None Public Hearing Close: 2:51 p.m. REGULAR AGENDA Minutes – June 18, 2024 9.Council to consider a resolution adopting the 2024 Water Conservation Plan and the revised Drought Contingency Plan by updating and renewing the City’s commitment to Chapter 22, Article 22.06, of the Code of Ordinances. The Texas Commission on Environmental Quality (TCEQ) requires the City to have a Water Conservation Plan and a Drought Contingency Plan that are renewed every five (5) years. The Drought Contingency Plan has been updated to modernize the previous plan and to meet all the minimum requirements as set forth by TCEQ. The Conservation Plan has been updated with current data. The plans establish water conservation goals; criteria for the initiation and termination of drought response stages; restrictions on certain water use; penalties for the violation of and provisions for enforcement of these restrictions, and procedures for granting variances. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION APPROVING THE 2024 WATER CONSERVATION PLAN AND THE CITY OF BEAUMONT HEREBY RENEWS ITS COMMITMENT TO CHAPTER 22, ARTICLE 22.06 “DROUGHT CONTINGENCY PLAN” OF THE CODE OF ORDINANCES. Mayor Pro Tem Turner seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 24-152 PUBLIC HEARING Council to conduct a public hearing to receive comments related to the property located at 328-338 Bowie Street & 486-498 Pearl Street. Public Hearing Open: 2:53 p.m. Tom Flanagan595 OrleansBeaumont TX Charlie Goehringer550 FanninBeaumont TX Rob Fusilier470 OrleansBeaumont TX Sean McLaren2105 Liberty Beaumont TX Public Hearing Close: 4:22 REGULAR AGENDA 10.Council to consider an ordinance to declare 328-338 Bowie & 486-498 Pearl Street, also known as “The Gilbert Building,” as Imminent Danger and order the owner to raze the said structure within 5 days. If the property owner fails to comply within 5 days, staff Minutes – June 18, 2024 requests the City Council’s authorization to demolish said structure without further notification to the property owner or City Council action. (Item Tabled) The structure at 328-338 Bowie & 486-498 Pearl Street, also known as “The Gilbert Building,” was “tagged” as imminent danger on June 10, 2024. The structure has been damaged by fire. The recommendation issued by Terry Shipman of Fittz & Shipman, Inc., a licensed engineer in the State of Texas, states, “the building should be demolished. If the exterior walls are salvaged, a demolition plan should be prepared by a qualified professional to ensure the safe removal of the debris. The exterior walls will need to be shored with the shoring plan designed by a structural engineer registered in the State of Texas.” Funds will come from the General Fund. Approval of the ordinance. Councilmember Getz moved to table the item for sixty (60) days to enter a work program. Councilmember Neild seconded the motion. Item tabled with the following conditions: After further discussion Councilmember Getz amended his motion to table the item for sixty (60) days with the condition that the property owner secure the building with a 6-foot razor fence from the McFaddin side to the back of the building within five (5) business days and touch basis with the Building Codes and or Planning Department to start a Work Program. Councilmember Neild seconded the motion. WORK SESSION Council to Discuss Current Airport Operations and Proposed Hangar Improvements. COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) With there being no Executive Session, the meeting adjourned at 5:03 p.m. Roy West, Mayor Tina Broussard, City Clerk Minutes – June 18, 2024 B TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Angela Wright, Chief Technology Officer MEETING DATE:July 2, 2024 REQUESTED ACTION:Council consider a resolution approving the renewal of an annual maintenance agreement with SirsiDynix of Lehi, UT for use in the libraries. BACKGROUND SirsiDynix is utilized in the Library System for managing records related to circulation, cataloging, patron portal access, and other internal processes. This purchase is exempt from competitive bidding because it is exclusively available from a single source authorized to modify and maintain the software. The software agreement includes round-the-clock telephone support and offsite hosting services. This agreement, totaling $92,610.25, covers an annual period starting September 2024. FUNDING SOURCE General 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 renewal of an annual maintenance agreement with SirsiDynix of Lehi, Utah for the use in the libraries in the amount of $92,610.25. 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 2nd day of July, - Mayor Roy West - C TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:James Singletary, Chief of Police MEETING DATE:July 2, 2024 REQUESTED ACTION:Council consider a resolution listing the authorized grant officials for the Southeast Texas Auto Theft Task Force to receive funding for the Catalytic Converter Program Grant through the Motor Vehicle Crime Prevention Authority for the 2025 grant year. BACKGROUND Since 1993, The City of Beaumont has been the grantee agency for the Southeast Texas Auto Theft Task Force (ATTF). The Motor Vehicle Crime Prevention Authority (MVCPA) oversees various grant programs, including the Catalytic Converter Program Grant, which provides funding to law enforcement agencies for their enforcement teams to combat catalytic converter thefts. Through this grant, the ATTF could purchase an assortment of equipment, supplies, and cover direct operating expenses. The proposed budget for the 2025 grant year is $301,900. State funding would be in the amount of $250,520, with the City of Beaumont contributing $51,380 as a cash match. To proceed, the MVCPA requires a council resolution to designate the authorized officials for this grant. FUNDING SOURCE The city’s required match will be included in the Police Department’s Operating Budget in the General Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Catalytic Converter 2025 Grant Application RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, under the provisions of the Texas Transportation Code Chapter 1006 and Texas Administrative Code Title 43; Part 3; Chapter 57, entities are eligible to receive grants from the Motor Vehicle Crime Prevention Authority to provide financial support to law enforcement agencies for enforcement teams to combat Catalytic Converter Theft from Motor Vehicles in the jurisdiction; and, WHEREAS, this grant program will assist this jurisdiction to combat Catalytic Converter theft from motor vehicles; and, WHEREAS, City of Beaumont has agreed that in the event of loss or misuse of the grant funds, City of Beaumont assures that the grant funds will be returned in full to the Motor Vehicle Crime Prevention Authority; 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 Kenneth Williams, City Manager, is designated as the Authorized Official to apply for, accept, decline, modify, or cancel the grant application for the Motor Vehicle Crime Prevention Authority Grant Program and all other necessary documents to accept said grant; and, BE IT FURTHER RESOLVED THAT John Cross Sr., Lieutenant, is designated as the Program Director, and Cheryl Ray, Chief Financial Officer, is designated as the Financial Officer for this grant. 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 2nd day of July, - Mayor Roy West - D TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Cheryl Ray, Chief Financial Officer MEETING DATE:July 2, 2024 REQUESTED ACTION:Council consider a resolution changing authorized signatories for any institution the City Council has already designated or may designate as a depository for the City of Beaumont for banking. BACKGROUND Kenneth R. Williams and Cheryl Ray are currently authorized as signatories on City accounts with Stellar Bank, Texas Class, TexPool, and Texas Range. Bridgette Evick is to be added as an authorized signatory on these same accounts effective July 2, 2024. There are times we need at least two signatories to perform certain transactions. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Kenneth R. Williams and Cheryl Ray are currently authorized as a signatory on City accounts with Stellar Bank, Texas Class, TexPool, and Texas Range; and, WHEREAS, Bridgette Evick is to be added as an authorized signatory on these same accounts effective July 2, 2024; 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 Bridgette Evick is to be added as an authorized signatory on these same accounts effective July 2, 2024; and, BE IT FURTHER RESOLVED THAT this resolution shall be effective from and after the date of its passage. 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 2nd day of July, - Mayor Roy West - E TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:July 2, 2024 REQUESTED ACTION:Council consider a resolution authorizing the conveyance of a Drainage Easement to Jefferson County Drainage District No. 6. BACKGROUND City of Beaumont has agreed to convey a drainage easement to Jefferson County Drainage District No. 6 (JCDD6). The easement is described as being a 0.413 acre drainage easement situated in the Charles Williams Survey, Abstract 59, Beaumont, Jefferson County, Texas and being out of and part of a called 1.896 acre tract of land conveyed to the City of Beaumont. The proposed easement is to allow JCDD6 to construct a new drainage channel, Ditch 100-E that will run along the north side of an LNVA Canal between I-10 and Major Drive. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS JCDD6 Drainage Easement - Ditch 100-E RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, an agreement has been negotiated for the conveyance of a drainage easement to Jefferson County Drainage District No. 6 to construct a new drainage channel, Ditch 100-E that will run along the north side of an LVNA Canal between I-10 and Major Drive; and, WHEREAS, the City of Beaumont owns land needed for the new drainage channel as described in the description hereto attached as Exhibit A,; and, WHEREAS, the easement is described as being a 0.413 acre drainage easement situated in the Charles Williams Survey, Abstract 59, Beaumont, Jefferson County, Texas and being out of and part of a called 1.896 acre tract of land conveyed to the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the conveyance of land as described in attached Exhibit A, be and the same is hereby approved; and, THAT the City Manager be and he is hereby authorized to convey the land as described and attached hereto as Exhibit A, to Jefferson County Drainage District No. 6. 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 2nd day of July, - Mayor Roy West - F TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:July 2, 2024 REQUESTED ACTION:Council consider a resolution appointing members to the Parks and Recreation Advisory Committee. BACKGROUND Mayor Roy West appoints Jeanette Rideau to the unexpired term of Beau Rideau on the Parks and Recreation Advisory Committee. The term will 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 Jeanette Rideau is appointed to the unexpired term of Beau Rideau on the Parks and Recreation Advisory Committee by Mayor Roy West. The term shall begin on July 2, 2024, and expire on 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 2nd day of July, - Mayor Roy West - G TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Angela Wright, Chief Technology Officer MEETING DATE:July 2, 2024 REQUESTED ACTION:Council consider a resolution approve the purchase of audio and video equipment from various vendors for use in the Police Real Time Crime Center (RTCC). BACKGROUND The Council approved the Motor Vehicle Crime Prevention Authority Catalytic Converter Grant in Resolution 24-124 on May 21st, requesting funding for several items, including two video expansion options for the Real Time Crime Center (RTCC) buildout and additional license plate readers (LPRs). This purchase will encompass the completion of the video panel side wall and the addition of three panels to integrate content from the building campus feed or other necessary sources. The cost of these AV additions is $120,100 (Option 1 & 2 in the attached quote). Additionally, eighty-eight license plate readers, costing $280,000, will be acquired for use by the RTCC and the Auto Theft Task Force. Pre-approval is being sought due to the tight deadline for utilizing the funds. FUNDING SOURCE Motor Vehicle Crime Prevention Authority (MVCPA) FY2024 SB 224 Catalytic Converter Grant (if awarded). RECOMMENDATION Approval of the Resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council be and they are hereby authorized to approve the purchase of audio and video equipment from various vendors for use in the Police Real Time Crime Center (RTCC). 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 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of July, - Mayor Roy West - 1 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Cheryl Ray, Chief Financial Officer MEETING DATE:July 2, 2024 REQUESTED ACTION:Approve a resolution allowing the city to terminate agreements with water customers that provide for special rates. BACKGROUND We have contracted with Water Company of America to find lost revenue in our water system. They found some outside-city commercial water customers that were granted special inside-city rates for water and sewer in old contracts the City drafted. These contracts have not been renewed by the customers, and we are planning to terminate these agreements and begin charging the outside-city rates to these customers, as we do for all other customers outside the city limits. These customers are Jefferson County Correctional Facility, Beaumont Dream Center, LIT/Lamar University, Texas Department of Criminal Justice, Federal Correctional Complex, Lower Neches Valley Authority, and the Jefferson County Sheriff's office. Changing the rates from inside-city to outside-city would provide the city with a much-needed revenue gain to the tune of $1,500,000 annually. We have sent letters to these parties letting them know this will be on today's Council agenda. This is aligned with the strategic plan goal of financial soundness. It could be a factor in improving the city's bond rating in the future. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the 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 execute all documents necessary to terminate agreements with water customers that provide for special rates. 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 2nd day of July, - Mayor Roy West - 2 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:July 2, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to award a contract to Eastex Utility Construction, of Beaumont, for the Euclid Street and 11th Street Storm Sewer Repair Project. BACKGROUND The Euclid Street at 11th Street area has been prone to frequent flooding. An investigation of the storm sewer system in this area revealed a conflict that must be repaired. The Euclid Street and 11th Street Storm Sewer Repair Project will repair the storm sewer conflict where a lateral line ties into the trunk line and place a concrete manhole at the repair site. Additionally, the scope of the project includes removing approximately 70 linear feet (LF) of existing storm sewer, installing approximately 105 LF of new storm sewer, and replacing the associated sections of concrete and asphalt driveways, asphalt roadway pavement, and concrete roadway pavement. On June 13, 2024, three (3) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer’s Estimate is $105,000.00. The base bid items are totaled in the table below: ContractorLocationBase Bid Eastex Utility ConstructionBeaumont, TX$79,904.00 Greenscapes Six, LLCBaytown, TX$102,322.00 Brystar Contracting, Inc. Beaumont, TX$122,430.00 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Eastex Utility Construction, in the amount of $79,904.00. A total of sixty (60) calendar days are allocated for completion of the project. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS Euclid Street and 11th Street Storm Sewer Repair Bid Tab. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on June 13, 2024, bids were solicited for a contract for the Euclid Street and 11th Street Storm Sewer Repair Project; and WHEREAS, Eastex Utility Construction, of Beaumont, Texas, submitted a bid in the amount of $79,904.00; and, WHEREAS, the City Council is of the opinion that the proposal submitted Eastex Utility Construction, of Beaumont, Texas 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 bid submitted by Eastex Utility Construction, of Beaumont, Texas in the amount of $79,904.00 for the Euclid Street and 11th Street Storm Sewer Repair Project be accepted by the City of Beaumont; and, THAT the City Manager be and he is hereby authorized to execute a contract with Eastex Utility Construction, of Beaumont, Texas in the amount of $79,904.00, for the Euclid Street and 11th Street Storm Sewer Repair Project. 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 2nd day of July, - Mayor Roy West - 3 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:July 2, 2024 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to award a contract to Vortex Companies for the Belvedere Dr and Clinton St Storm Sewer Outfall Emergency Repair Project. BACKGROUND The storm line that drains the intersection of Belvedere Drive at Clinton Street to Hillebrandt Bayou runs within an easement between the houses at 675 and 695 Belvedere St. This storm line is made of both reinforced concrete pipe (RCP) and corrugated metal pipe (CMP) and, due to age and poor soil conditions, has many defects where the concrete joints of pipe have separated. These defects require excavation to make the necessary point repairs at these locations. Due to the risk of damage to the adjacent residences and their foundations, it is recommended to repair this storm sewer by trenchless methods. The proposed scope of work will install a cured in place pipe (CIPP) liner within the existing storm sewer pipe for its entire length and not require excavation to make the repairs. A Ground Penetrating Radar (GPR) survey will also be performed for the length of the storm sewer line to identify any potential cavities that are not visible from the surface. Any cavities found will be repaired per the geotechnical engineer’s recommendations. Based on a review of the proposal to install the CIPP liner through the approximately 220 total feet of storm sewer, and to perform the GPR Survey, the Public Works Engineering staff recommends awarding the contract to Vortex Companies, of Houston, in the amount of $96,300.00. Vortex has successfully performed similar storm line rehabilitation work for the City. The proposal was obtained through the HGACBuy Cooperative. A total of thirty (30) calendar days are allocated for the completion of this project. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS Belvedere Dr and Clinton St Storm Sewer Outfall Emergency Repair. 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 with Vortex Companies of Houston, Texas in the amount of $96,300.00 for the Belvedere Drive and Clinton Street Storm Sewer Outfall Emergency Repair Project. 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 2nd day of July, - Mayor Roy West - To:City Of Beaumont Contact:David Tingle E.I.T. Address:801 Main Street Phone:409.880.3720 Room 315 Email:David.Tingle@BeaumontTexas.Gov Project Name:TX - Beaumont - 695 Belvedere: 24" CIPP Lining Bid Number: 2432425 Project Location:Bid Date:6/20/2024 Proposal is figured on utilizing HGAC Contract #TP07-18 Item #Item DescriptionEstimated Quantity UnitUnit PriceTotal Price A5621" - 36" Post TV Inspection After Rehabilitation220.00 LF$11.25$2,475.00 A74Vactor Truck Services (*will Bill As Needed)10.00 HR$625.00$6,250.00 A75CCTV Truck Services (*will Bill As Needed)10.00 HR$500.00$5,000.00 B28Set Up - Ground Penetrating Radar (GPR)1.00 EACH$6,600.00$6,600.00 B29Ground Penetrating Radar (GPR) Study180.00 LF$23.50$4,230.00 C824" X 10.5mm - CIPP Steam / Water Cure220.00 LF$161.00$35,420.00 C9221"-24" CIPP Set-up Charge220.00 LF$22.50$4,950.00 P48Mobilization - Texas1.00 EACH$31,375.00$31,375.00 Total Bid Price:$96,300.00 Notes: • Proposal includes standard dewatering for 2" of flow or less. Any additional dewatering / bypass / or flow control beyond these efforts or greater than 200 GPM will be provided by Others. • Proposal includes standard signs and cones. Any additional maintenance of traffic (MOT) needed will be provided by Others. • Owner will provide a portable hydrant meter and access to onsite water for our use free of charge. • Owner will provide a local area and pay disposal fees to dispose the debris that is pulled from the cleaning process after it is decanted. Disposal site must be less than 10 miles away from job site. • Owner will provide access to each and every manhole and or structure. This may include but not limited locating, exposing, and raising buried MH's prior to our crew mobilizing. • If necessary, Owner will provide Permits & Fees. Vortex will provide our standard insurance coverage. OCP or railroad insurance & or longshoreman insurance is not included. • Water used to clean pipe segment or box culvert to be decanted in the pipe segment or adjacent pipe/outfall area. Any turbidity control will be provided by Others. • If bond is needed please add 1.5%. • Our Bid Proposal is valid for 30 days from the bid date. • Site Restoration will be performed by Others. • This is a unit priced contract and the actual billing will be based on installed quantities. If the installed quantities vary greater than 10% of the bid quantities, Vortex reserves the right to adjust our unit price accordingly. • All inverts to be poured prior to our arrival. • Mainline CIPP lining must be completed structure to structure. • CIPP Samples can be provided at no additional cost. If 3rd party CIPP testing is required, it can be provided at $450 per each test. There was no CIPP specification mentioning samples and testing for this bid. • Once our CIPP liner is installed, we will provide a post cctv video to show the final CIPP product. One light jetter pass will be included before running the camera down the final CIPP liner. No additional or aggressive cleaning will be performed since it could damage our CIPP PE coating. • Standard wages are included. Therefore, Prevailing wages and or Union Wage Rates are not included in this bid proposal. • Our bid proposal as submitted reflects the current material pricing established on or before the bid date listed within our proposal. In the event of unforeseen price increases of our raw materials, Vortex reserves the right to adjust our unit rate or overall bid proposal accordingly to account for such price increases. • Payment terms: Net 30 days. Interest will be added to balances outstanding after 30 days • Vortex's bid proposal shall be incorporated into the subcontract agreements. Vortex will initiate this project upon an agreement or receipt of a subcontract or purchase order. Copies of payment and performance bonds must be provided to Vortex. • Any delays besides weather that is outside of our control will be billed at a standby rate of $1,250 / hour. • Although not anticipated, if needed, the owner shall increase the size of the opening for the CIPP install by removing the concrete flat top. • We reviewed the CCTV and the transition from RCP to CMP can be accomplished Page 1 of 2 • Lead time from PO to mobilization (GPR & CIPP Crew) will be approximately 2 weeks. • Duration for GPR and CIPP liner will be about 1-2 days each activity. ACCEPTED:CONFIRMED: The above prices, specifications and conditions are satisfactory and Vortex Services LLC are hereby accepted. Buyer: Authorized Signature: Signature: Date of Acceptance:Estimator: Brandon Gerber (813) 326-8928 Bgerber@vortexcompanies.com Page 2 of 2 4 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:July 2, 2024 REQUESTED ACTION:Council consider a resolution designating the City Manager as authorized signatories for contractual and financial documents to apply for and receive funding from the Texas Community Development Block Grant Disaster Recovery Program. BACKGROUND The Community Development Block Grant (CDBG) Disaster Recovery Program funding has been awarded by the Department of Housing and Urban Development (HUD) to disaster impacted counties from the 2019 Floods (including Tropical Storm Imelda) for infrastructure assistance. On July 26, 2022, by Resolution No. 22-183, City Council authorized the City Manager to execute all documents necessary to apply for and accept funding from the Texas General Land Office (GLO) for the CDBG Recovery Program for the Laura Addition Drainage Improvements project. The GLO requires the City to have at least two authorized signatories for contractual and financial documents. In addition to the City Manager, by this resolution, City Council authorizes the following: The Mayor, Assistant City Manager, and Public Works Director are authorized to execute contractual documents associated with the Community Development Block Grant – 2019 Floods Program; and The Director of Public Works and City Engineer are authorized to execute environmental review documents and to certify to environmental clearance matters associated with the CDBG-DR project; and The Assistant City Manager, Chief Financial Officer, Assistant Chief Financial Officer, and Grants Accountant are authorized to execute the State of Texas Purchase Voucher and Request for Payment Form documents required for requesting funds approved in the Community Development Block Grant – 2019 Floods Program. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, DESIGNATING AUTHORIZED SIGNATORIES FOR CONTRACTUAL DOCUMENTS AND DOCUMENTS FOR REQUESTING FUNDS PERTAINING TO THE COMMUNITY DEVELOPMENT BLOCK GRANT 2019 FLOODS CDBG-DR. WHEREAS, the City of Beaumont, Texas has received a Community Development Block Grant -(CDBG-DR) award to provide infrastructure improvements; and, WHEREAS, it is necessary to appoint persons to execute contractual documents and documents for requesting funds; and, WHEREAS, an original signed copy of the CDBG-DR Depository/Authorized Signatories Designation Form is to be submitted with a copy of this resolution; and, WHEREAS, the City of Beaumont, Texas acknowledges that in the event that an authorized signatory of the City changes (elections, illness, resignations, etc.) the City must provide the following: 1. A resolution stating who the new authorized signatory is (if the original resolution names only the title and not the name of the signatory); and 2. A revised Depository/Authorized Signatories Designation Form. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS AS FOLLOWS: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the Mayor, City Manager, Assistant City Manager of Operations, Assistant Manager of Community Service, and Public Works Director are authorized to execute contractual documents associated with the Community Development Block Grant 2019 Floods Program; and, THAT the Director of Public Works and City Engineer are authorized to execute environmental review documents and to certify to environmental clearance matters associated with the CDBG-DR project; and, THAT the Assistant City Manager of Operations, Assistant Manager of Community Service, Chief Financial Officer, Assistant Chief Financial Officer, and Grants Accountant are authorized to execute the State of Texas Purchase Voucher and Request for Payment Form documents required for requesting funds approved in the Community Development Block Grant 2019 Floods Program. 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 2nd day of July, - Mayor Roy West - 5 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:James Singletary, Chief of Police MEETING DATE:July 2, 2024 REQUESTED ACTION:Council consider a resolution authorizing the purchase of two Chevrolet Silverado pickup trucks for the Southeast Texas Auto Theft Task Force. BACKGROUND On May 21, 2024, City Council passed resolution 24-124, authorizing the application for grant funds from the Motor Vehicle Crime Prevention Authority (MVCPA). Specifically, $92,900 was requested to purchase two pickup trucks for the Southeast Texas Auto Theft Task Force on the 2024 MVCPA Catalytic Converter Program Grant. It is unknown when notification will be made on whether funds will be awarded, and the grant year ends August 31, 2024. Since the time period required to order, receive, and pay for these vehicles could be very short, this resolution is seeking City Council approval for this purchase only if funds are awarded. The vehicles to be purchased are replacing one 2016 model for the Beaumont Police Dept. and providing a vehicle for Jefferson County. The vehicles will be purchased from Silsbee Ford through the GoodBuy purchasing cooperative, which provides cities and political subdivisions with the means to purchase specialized equipment at volume pricing. GoodBuy complies with the State of Texas’ procurement statutes. Warranties of 36,000 miles or three years are provided for each new vehicle. Warranty service is provided by local authorized dealerships. FUNDING SOURCE $92,900 MVCPA grant funds, $4,057.75 Police Confiscated Goods, and $4,057.75 cash match from Jefferson County. RECOMMENDATION Approval of the resolution. ATTACHMENTS GoodBuy quote, grant application RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of two (2) 2023 Chevrolet 1500 pickup trucks for use by the Southeast Texas Auto Theft Task Force from Silsbee Ford of Silsbee, Texas through the GoodBuy purchasing cooperative program in the amount of $101,015.50; if awarded a grant from the Motor Vehicle Crime Prevention Authority. 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 2nd day of July, - Mayor Roy West - 6 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:July 2, 2024 REQUESTED ACTION:Council consider authorizing the City Manager to enter into an agreement with Diamond Homes, LLC. for economic development incentives under the Neighborhood Empowerment Zone Program for the development of a residential new construction at 3480 Goliad. BACKGROUND The City established the Empowerment Zone in order 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. Diamond Homes, LLC, has requested to receive the following incentives: 1)A possible three (3) year, 100% municipal tax abatement for all added value for investments greater than $50,000 for residential uses and $75,000 for all other uses. 2)Building fee waivers (not including tap and meter fees). 3)Expedited permit review. Diamond Homes, LLC, is seeking the benefit from Empowerment Zone incentives to aid the development of a residential new construction. Their plan includes an approximate $105,000 to $150,000 investment for a new residential construction. 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 residential construction would aid growth in this area. FUNDING SOURCE Not applicable. RECOMMENDATION Approve the resolution. ATTACHMENTS 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 enter into an agreement with Diamond Homes, LLC, for economic development incentives to include: (1) a possible three (3) year, 100% municipal tax abatement for all added value for investments greater than $50,000.00 for residential uses and $75,000.00 for all other uses; (2) building fee waivers (not including tap and meter fees) and; (3) expedited permit review under the Neighborhood Empowerment Zone Program for the development of a residential new construction at 3480 Goliad Street. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Tex PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of July, - Mayor Roy West - 7 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:July 2, 2024 REQUESTED ACTION:Council consider authorizing the City Manager to enter into an agreement with Diamond Homes, LLC. for economic development incentives under the Neighborhood Empowerment Zone Program for the development of a residential new construction at 3470 Goliad. BACKGROUND The City established the Empowerment Zone in order 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. Diamond Homes, LLC, has requested to receive the following incentives: 1)A possible three (3) year, 100% municipal tax abatement for all added value for investments greater than $50,000 for residential uses and $75,000 for all other uses. 2)Building fee waivers (not including tap and meter fees). 3)Expedited permit review. Diamond Homes, LLC, is seeking the benefit from Empowerment Zone incentives to aid the development of a residential new construction. Their plan includes an approximate $105,000 to $150,000 investment for a new residential construction. 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 residential construction would aid growth in this area. FUNDING SOURCE Not applicable. RECOMMENDATION Approve the resolution. ATTACHMENTS 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 enter into an agreement with Diamond Homes, LLC, for economic development incentives to include: (1) a possible three (3) year, 100% municipal tax abatement for all added value for investments greater than $50,000.00 for residential uses and $75,000.00 for all other uses; (2) building fee waivers (not including tap and meter fees) and; (3) expedited permit review under the Neighborhood Empowerment Zone Program for the development of a residential new construction at 3470 Goliad Street. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Tex PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of July, - Mayor Roy West - 8 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:July 2, 2024 REQUESTED ACTION:Council consider authorizing the City Manager to enter into an agreement with Diamond Homes, LLC. for economic development incentives under the Neighborhood Empowerment Zone Program for the development of a new residential construction at 3185 Elinor Street. BACKGROUND The City established the Empowerment Zone in order 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. Diamond Homes, LLC, has requested to receive the following incentives: 1)A possible three (3) year, 100% municipal tax abatement for all added value for investments greater than $50,000 for residential uses and $75,000 for all other uses. 2)Building fee waivers (not including tap and meter fees). 3)Expedited permit review. Diamond Homes, LLC, is seeking the benefit from Empowerment Zone incentives to aid the development of a new residential construction. Their plan includes an approximate $105,000 to $150,000 investment for a new residential construction. Attached is the application, outlining the requests for all eligible benefits. Administration believes the proposed project aligns with the goals of the Neighborhood Empowerment Zone Program by offering affordable housing and infill development to aid growth within this area. FUNDING SOURCE Not applicable. RECOMMENDATION Approve the resolution. ATTACHMENTS 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 enter into an agreement with Diamond Homes, LLC, for economic development incentives to include: (1) a possible three (3) year, 100% municipal tax abatement for all added value for investments greater than $50,000.00 for residential uses and $75,000.00 for all other uses; (2) building fee waivers (not including tap and meter fees) and; (3) expedited permit review under the Neighborhood Empowerment Zone Program for the development of a residential new construction at 3185 Elinor Street. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Tex PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of July, - Mayor Roy West - 9 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:July 2, 2024 REQUESTED ACTION:Council consider authorizing the City Manager to enter into an agreement with Diamond Homes, LLC. for economic development incentives under the Neighborhood Empowerment Zone Program for the development of a residential new construction at 3485 Pradice Street. BACKGROUND The City established the Empowerment Zone in order 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. Diamond Homes, LLC, has requested to receive the following incentives: 1)A possible three (3) year, 100% municipal tax abatement for all added value for investments greater than $50,000 for residential uses and $75,000 for all other uses. 2)Building fee waivers (not including tap and meter fees). 3)Expedited permit review. Diamond Homes, LLC, is seeking the benefit from Empowerment Zone incentives to aid the development of a new residential construction. Their plan includes an approximate $105,000 to $150,000 investment for a new residential construction. Attached is the application, outlining the requests for all eligible benefits. Administration believes the proposed project aligns with the goals of the Neighborhood Empowerment Zone Program by offering affordable housing and infill development to aid growth within this area. FUNDING SOURCE Not applicable. RECOMMENDATION Approve the resolution. ATTACHMENTS 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 enter into an agreement with Diamond Homes, LLC, for economic development incentives to include: (1) a possible three (3) year, 100% municipal tax abatement for all added value for investments greater than $50,000.00 for residential uses and $75,000.00 for all other uses; (2) building fee waivers (not including tap and meter fees) and; (3) expedited permit review under the Neighborhood Empowerment Zone Program for the development of a residential new construction at 3485 Pradice Street. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Tex PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of July, - Mayor Roy West - 10 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:July 2, 2024 REQUESTED ACTION:Council consider authorizing the City Manager to enter into an agreement with Diamond Homes, LLC. for economic development incentives under the Neighborhood Empowerment Zone Program for the development of a residential new construction at 3520 Pradice Street. BACKGROUND The City established the Empowerment Zone in order 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. Diamond Homes, LLC, has requested to receive the following incentives: 1)A possible three (3) year, 100% municipal tax abatement for all added value for investments greater than $50,000 for residential uses and $75,000 for all other uses. 2)Building fee waivers (not including tap and meter fees). 3)Expedited permit review. Diamond Homes, LLC, is seeking the benefit from Empowerment Zone incentives to aid the development of a new residential construction. Their plan includes an approximate $105,000 to $150,000 investment for a new residential construction. Attached is the application, outlining the requests for all eligible benefits. Administration believes the proposed project aligns with the goals of the Neighborhood Empowerment Zone Program by offering affordable housing and infill development to aid growth within this area. FUNDING SOURCE Not applicable. RECOMMENDATION Approve the resolution. ATTACHMENTS 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 enter into an agreement with Diamond Homes, LLC, for economic development incentives to include: (1) a possible three (3) year, 100% municipal tax abatement for all added value for investments greater than $50,000.00 for residential uses and $75,000.00 for all other uses; (2) building fee waivers (not including tap and meter fees) and; (3) expedited permit review under the Neighborhood Empowerment Zone Program for the development of a residential new construction at 3520 Pradice Street. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Tex PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of July, - Mayor Roy West - 11 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:July 2, 2024 REQUESTED ACTION:Council consider a request for a Specific Use Permit and a Rezone from RM-M (Residential Multiple Family-Medium Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District or a more restrictive zoning district to allow an automotive paint and body shop for property located at 3480 Benchmark Drive. BACKGROUND Bret Floy is requesting a Rezone with a Specific Use Permit to allow an automotive repair, paint and body shop to be located at 3480 Benchmark Drive. The subject property is located at the southeast corner of Benchmark and through to French Road. The lots to be rezoned from RM-M (Residential Multiple Family-Medium Density) District to GC-MD (General Commercial- Multiple Family Dwelling) District are along the southern boundary of the development and will mostly be used for parking. Rezoning this property to GC-MD or a more restrictive zoning district would be consistent with the adjoining zoning district, and will require a landscaped buffer to surrounding residential properties. Caliber Collision has facilities nationwide. Hours of operation would be Monday through Friday, 7:30 a.m. to 5:30 p.m. This business will be an automotive repair shop with operations such as glass and auto body repairs, painting, etc. This request received protest from the property owners comprising 26% of the surrounding land area. Section 28.02.008(d) of the City's Code of Ordinances states, "The city council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a specific use permit where a protest against such change (has been filed), signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by favorable vote of three-fourths (3/4) of all the members of the city council." At a Joint Public Hearing held on June 17, 2024, the Planning Commission recommended 5:1 to approve the request for a Specific Use Permit and a Rezone from RM-M (Residential Multiple Family-Medium Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District or a more restrictive zoning district to allow an automotive paint and body shop for property located at 3480 Benchmark Drive, with the following conditions: 1. All lighting installed must be directional and shielded from all residential properties to the east and south. 2. Constructions plans must meet all requirements of Water Utilities for any water and sanitary sewer improvements, including any requirements of the City’s backflow and/or pre-treatment programs. 3. No permanent structure or appurtenances shall be placed within easements. 4. Construction plans shall comply with all applicable Fire and Building Code requirements. 5. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 6. A Commitment Letter be received from the developer or property owner prior to the issuance of a building permit stating that there will be no access to the property from French Road and that the rezoned portion along French Road is to remain as parking and storage, with no future development to take place on the rezoned portion. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. All lighting installed must be directional and shielded from all residential properties to the east and south. 2. Constructions plans must meet all requirements of Water Utilities for any water and sanitary sewer improvements, including any requirements of the City’s backflow and/or pre-treatment programs. 3. No permanent structure or appurtenances shall be placed within easements. 4. Construction plans shall comply with all applicable Fire and Building Code requirements. 5. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 6. A Commitment Letter be received from the developer or property owner prior to the issuance of a building permit stating that there will be no access to the property from French Road and that the rezoned portion along French Road is to remain as parking and storage, with no future development to take place on the rezoned portion. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. 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-M (RESIDENTIAL MULTIPLE FAMILY-MEDIUM DWELLING) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DENSITY) DISTRICT FOR PROPERTY LOCATED AT 3480 BENCHMARK DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That 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 the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RM-M (Residential Multiple Family-Medium Density) District to GC-MD (General Commercial- Multiple Family Dwelling) District for property located at 3480 Benchmark Drive, being Tract 39, Plat DI4, A. Williams League Survey and Lot 2 and Tract 2, Section III, Executive Business Park Addition, Beaumont, Jefferson County, Texas, containing 1.96 acres more or less, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. 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 2nd day of July, - Mayor Roy West - ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW AN AUTOMOTIVE PAINT AND BODY SHOP WITHIN AN GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DENSITY) DISTRICT FOR PROPERTY LOCATED AT 3480 BENCHMARK DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Bret Floy has applied for a specific use permit to allow an automotive paint and body shop in an GC-MD (General Commercial-Multiple Family Density) District for property located at 3480 Benchmark Drive, being Tract 39, Plat DI4, A. Williams League Survey and Lot 2 and Tract 2, Section III, Executive Business Park Addition, Beaumont, Jefferson County, Texas, containing 1.96 acres more or less, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to an automotive paint and body shop in an GC-MD (General Commercial-Multiple Family Density) District for property located at 3480 Benchmark Drive, subject to the following conditions: 1. All lighting installed must be directional and shielded from all residential properties to the east and south; and, 2. Constructions plans must meet all requirements of Water Utilities for any water and sanitary sewer improvements, including any requirements of the City and/or pre-treatment programs; and, 3. No permanent structure or appurtenances shall be placed with easements; and, 4. Construction plans shall comply with all applicable Fire and Building Code requirements; and, 5. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements; and, 6. A Commitment Letter be received from the developer or property owner prior to the issuance of a building permit stating that there will be no access to the property from French Road and that the rezoned portion along French Road is to remain as parking and storage, with no future development to take place on the rezoned portion; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow an automotive paint and body shop 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 an automotive paint and body shop in an GC-MD (General Commercial- Multiple Family Density) District for property located at 3480 Benchmark Drive, being Tract 39, Plat DI4, A. Williams League Survey and Lot 2 and Tract 2, Section III, Executive Business Park Addition, Beaumont, Jefferson County, Texas, containing 1.96 acres more or less, as shown is hereby granted to Bret Floy, their legal representatives, purposes, subject to the following conditions: 1. All lighting installed must be directional and shielded from all residential properties to the east and south. 2. Constructions plans must meet all requirements of Water Utilities for any water and sanitary sewer improvements, including any requirements of the City and/or pre-treatment programs. 3. No permanent structure or appurtenances shall be placed with easements. 4. Construction plans shall comply with all applicable Fire and Building Code requirements. 5. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 6. A Commitment Letter be received from the developer or property owner prior to the issuance of a building permit stating that there will be no access to the property from French Road and that the rezoned portion along French Road is to remain as parking and storage, with no future development to take place on the rezoned portion. 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. 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 2nd day of July, - Mayor Roy West - PUBLIC HEARING 1.Council to Conduct a Public Hearing to Consider Finding and Ratifying the Determination of the Public Health Director that a Public Health Nuisance exist on the Property Owned by Robert S. Mode at 1495 Wall St. 2.Council to Conduct a Public Hearing to Consider Finding and Ratifying the Determination of the Public Health Director that a Public Health Nuisance exist on the property owned by Randy and Virginia Mott at 9080 Washington Blvd. 12 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Kenneth Coleman, Director of Public Health MEETING DATE:July 2, 2024 REQUESTED ACTION:Request a public hearing and for the council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Robert S Mode at 1495 Wall St. BACKGROUND According to Beaumont's Code of Ordinances, Chapter 10 Health and Sanitation, Sec 10.01.001 a nuisance is defined as whatever is dangerous to human life or welfare or whatever renders the ground, the water, the air, or food a hazard or injury to human health is hereby declared to be nuisance. BLANCHETTE 1st W 100" L-84 B 7 BLANCHETTE 1 L83 N11FT K82 B 7 BLANCHETTE 1 S39FT OF L82 B 7 The legal description and violations of this property are: 10.01.001 Nuisances 10.01.004 Discharge of offensive liquids 10.04.001 Rat proofing 10.04.003 Stacking and elevating materials 10.01.006 Offensive Odors 12.07 Litter Control If the property owner fails to comply within ten (10) days, staff is requesting the authorization of the City Council to clean the property and or authorize the City Attorney to seek legal action to have the nuisance abated. FUNDING SOURCE General Fund RECOMMENDATION Approval of the resolution ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE DECLARING THE STRUCTURE AT 1495 WALL STREET, BEAUMONT, TEXAS, TO BE A PUBLIC NUISANCE AND ORDERING THAT THE PROPERTY OWNER(S) HAVE TEN (10) DAYS TO COMPLY. BE IT ORDAINED BY THE CITY OF BEAUMONT: and Sanitation, Section 10.01.001, a nuisance is defined as whatever is dangerous to human life or whatever renders the ground, the water, the air or food a hazard to human health; and, WHEREAS, a public hearing has been requested for the City Council of the City of Beaumont to declare the structure listed at 1495 Wall Street to be a public nuisance as a life/safety hazard that may injure or affect the public health or comfort; and, WHEREAS, evidence has been presented to the City Council showing that the structure at 1495 Wall Street, is in violation of t 1. Discharge of Offensive Liquids, Chapter 10 Health and Sanitation, Article 10.04.004; and, 2. Rat proofing, Chapter 10 Health and Sanitation, Article 10.04.001; and, 3. Stacking and Elevating Materials, Chapter 10 Health and Sanitation, Article 10.01.003; and, 4. Offensive Odors, Chapter 10 Health and Sanitation, Article 10.01.006; and, 5. Excessive Litter, Chapter 12 Offenses and Nuisances, Article 12.07, 12.07.002, 12.07.003 and 12.07.004; and, WHEREAS, the City Council finds that these violations created an eminent danger to the public health. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. Ordinances, Chapter 10 Health and Sanitation, Section 10.01.001 listed above exist and that these violations constitute an eminent condition which may injure or affect the public health or comfort and, under authority of state law, hereby declares the structure listed at 1495 Wall Street to be a public nuisance and orders that a certified copy of this ordinance be delivered to persons responsible for the structure and that those persons immediately fix the violations. Section 2. THAT if the owner(s) of the structure of 1495 Wall Street fail to comply within ten (10) days, staff is requesting the authorization from City Council to clean the property and/or authorize the City Attorney to take legal action to abate the nuisances. Section 3. THAT if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. THAT all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of July, - Mayor Roy West - 13 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Kenneth Coleman, Director of Public Health MEETING DATE:July 2, 2024 REQUESTED ACTION:Request a public hearing and for the council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Randy and Virginia Mott at 9080 Washington Blvd. BACKGROUND According to Beaumont's Code of Ordinances, Chapter 10 Health and Sanitation, Sec 10.01.001 a nuisance is defined as whatever is dangerous to human life or welfare or whatever renders the ground, the water, the air, or food a hazard or injury to human health is hereby declared to be a nuisance. The violations to this property are: 10.01.001 Nuisances 10.04.001 Rat proofing 10.04.003 Stacking and elevating materials 12.07 Litter Control The legal description and violations of this property are: WESCALDER FIG AC L22-I B2 If the property owner fails to comply within ten (10) days, staff is requesting the authorization of the City Council to clean the property and or authorize the City Attorney to seek legal action to have the nuisance abated. FUNDING SOURCE General Fund RECOMMENDATION Approval of Resolution ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE DECLARING THE STRUCTURE AT 9080 WASHINGTON BLVD, BEAUMONT, TEXAS, TO BE A PUBLIC NUISANCE AND ORDERING THAT THE PROPERTY OWNER(S) HAVE TEN (10) DAYS TO COMPLY. BE IT ORDAINED BY THE CITY OF BEAUMONT: and Sanitation, Section 10.01.001, a nuisance is defined as whatever is dangerous to human life or whatever renders the ground, the water, the air or food a hazard to human health; and, WHEREAS, a public hearing has been requested for the City Council of the City of Beaumont to declare the structure listed at 9080 Washington Blvd to be a public nuisance as a life/safety hazard that may injure or affect the public health or comfort; and, WHEREAS, evidence has been presented to the City Council showing that the structure at 9080 Washington Blvd, is in violation of t 12.07.033: 1. Rat proofing, Chapter 10 Health and Sanitation, Article 10.04.001; and, 2. Stacking and Elevating Materials, Chapter 10 Health and Sanitation, Article 10.01.003; and, 2. Excessive Litter, Chapter 12 Offenses and Nuisances, Article 12.07, 12.07.002, 12.07.003 and 12.07.004; and, WHEREAS, the City Council finds that these violations created an eminent danger to the public health. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. Ordinances, Chapter 10 Health and Sanitation, Section 10.01.001 listed above exist and that these violations constitute an eminent condition which may injure or affect the public health or comfort and, under authority of state law, hereby declares the structure listed at 9080 Washington Blvd to be a public nuisance and orders that a certified copy of this ordinance be delivered to persons responsible for the structure and that those persons immediately fix the violations. Section 2. THAT if the owner(s) of the structure of 9080 Washington Blvd fail to comply within ten (10) days, staff is requesting the authorization from City Council to clean the property and/or authorize the City Attorney to take legal action to abate the nuisances. Section 3. THAT if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. THAT all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of July, - Mayor Roy West - WORK SESSION Council to Discuss the Public Safety Fee Waiver and Vacant Building Registry Ordinance