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HomeMy WebLinkAboutJULY 02 2024 MIN3 T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner, Mayor Pro Tern ROY WEST, MAYOR Randy Feldschau, At -Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III JULY 2, 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 July 2, 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 -- Update on new use of Artificial Turf Public Comment: Persons 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 can't speak on the item. Mayor West called the council meeting to order at 1:30 p.m. Pastor Donnie Flippo with Gospel Center 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 "National Watch Your Car Safety Month" — July 2024 --Accepting; Sergeant Kenneth Karr with the Beaumont Police Department Public Comment: Persons 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 can't speak on the item. (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) William Johnson 1045 Madison Beaumont TX Deborah Fetherlin 2693 Hazel Beaumont TX Charlie Crabbe 928 East Dr. Beaumont TX Minutes — July 2, 2024 Jason Marshburn 1070 Monterrey Dr. Beaumont TX Melissa Bradford No Address Given 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 18, 2024, City Council meeting minutes. B. Council to consider approving the renewal of an annual maintenance agreement with SirsiDynix of Lehi, UT for use in the libraries — Resolution 24-153 C. Council to consider a resolution listing the authorized grant official 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 — Resolution 24-154 D. Council to 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 -- Resolution 24-155 E. Council to consider a resolution authorizing the conveyance of a drainage easement to Jefferson County Drainage District No. 6 -- Resolution 24-156 F. Council to consider a resolution appointing members to the Parks and Recreation Advisory Committee — Resolution 24-157 G. Council to consider a resolution approving the purchase of audio and video equipment from various vendors for use in the Police Real Time Crime Center (RTCC) — Resolution 24-158 Councilmember Neild moved to approve the Consent Agenda. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED REGULAR AGENDA Approve a resolution allowing the city to terminate agreements with water customers that provide for special rates. We have contracted with Water Company of America to find lost revenue in our water system. They found some outside -city commercial water customers thatwere 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 Minutes M July 2, 2024 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. Approval of the resolution. Councllmember Feldschau moved to APPROVE A RESOLUTION 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. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-159 2. Council to 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. The Euclid Street at 11 th 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: Contractor Location Base Bid Eastex Utility Construction Beaumont, TX $79,904.00 Greensca es Six, LLC Baytown, 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. Minutes — July 2. 2024 Funds will come from Certificates of Obligation. Approval of the resolution. Councilmember Duric, moved to APPROVE A RESOLUTION 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. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-160 3. Council to 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. 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 t0 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. Funds will come from Certificates of Obligations. 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 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. Councilmember Feldschau seconded the motion. Minutes —July 2, 2024 AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-161 4. Council to 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. 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 Black Grant — 2019 Floods Program. Approval of the resolution. COuncilmember Getz moved to APPROVE 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. Mayor Pro Tern Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE Minutes — July 2, 2024 MOTION PASSED RESOLUTION 24-162 5. Council to consider a resolution authorizing the purchase of two Chevrolet Silverado pickup trucks for the Southeast Texas Auto Theft Task Force. On May 21, 2024, the 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. Funds will come from the MVCPA grant funds in the amount of $92,900, Police Confiscated Goods in the amount of $4,057.75, and a cash match from Jefferson County in the amount of $4,057.75. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF TWO (2) 2023 CHEVROLET SILVERADO'S 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. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-163 6. Council to 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. 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 Minutes — July 2, 2024 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. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO AN AGREEMENT WITH 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 $60,000.00 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. Mayor Pro Tern Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GET,Z, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-164 7. Council to 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. 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: 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. Minutes -- July 2, 2024 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 Zane Program and the new residential construction would aid growth in this area. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE 1S 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. Mayot Pro Tern Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-165 8. Council to 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 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. Minutes — July 2, 2024 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. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE 1S 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. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-166 9. Council to 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. 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: 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. Minutes —July 2, 2024 Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION 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. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-167 10. Council to 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. 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. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION 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 Minutes — July 2, 2024 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. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-168 11. Council to 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. 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 landscape 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 (314) 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: All lighting installed must be directional and shielded from all residential properties to the east and south. Minutes — July 2, 2024 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. Approval of the ordinance, with the following conditions: I 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. Councilmember Getz 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 RM-M (RESIDENTIAL MULTIPLE FAMILY -MEDIUM DENSITY) DISTRICT TO GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3480 BENCHMARK DRIVE, WITH THE CONDITIONS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY, Councilmember Neild seconded the motion. Minutes —July 2, 2024 AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETz, PELDSCHAU, SAMUEL AND NE ILD NAYS: NONE MOTION PASSED ORDINANCE 24-031 Council did not approve the Specific Use Permit for 3480 Benchmark Drive, the item will need to come back to Council for approval. 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 Wail St. 4. 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, Public Hearing Open: 3:10 p.m. Robert Mode 1495 Wall St. Beaumont TX Public Hearing Close: 3:13 p.m. 12. Council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property awned by Robert S Mode at 1495 Wall St. 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 1 st W 100" L-84 B 7 BLANCHETTE 1 L83 N11 FT 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. Funds will come from the General Fund. Approval of the ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE DECLARING THE STRUCTURE AT 1495 WALL STREET, BEAUMONT, TEXAS, TO BE A PUBLIC NUISANCE AND ORDERING THAT THE PROPERTY OWNERS(S) HAVE TEN (10) DAYS To COMPLY. Mayor Pro Tern Turner seconded the motion. Minutes — July 2, 2024 AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 24-032 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. 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 L22-1 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. Funds will come from the General Fund. Approval of the ordinance. Councilmember Neild moved to ORDINANCE ENTITLED AN ORDINANCE, DECLARING THE STRUCTURE AT 9080 WASHINGTON BLVD., BEAUMONT, TEXAS, TO BE A PUBLIC NUISANCE AND ORDERING THAT THE PROPERTY OWNERS(S) HAVE TEN (10) DAYS TO COMPLY. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 24-033 WORK SESSION Council to Discuss the Public Safety Fee Waiver and Vacant Building Registry Ordinance. Minutes — July 2, 2024 COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) With there bgipg no FxecutiveAession, the meeting adjourned at 4:37 p.m. Minutes — July 2, 2024