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HomeMy WebLinkAboutAUG 06 2024 MINs.................................. .......... U T E X A S MINUTES OF THE CITY OF BEAUMONT cou VCI - 11 EETIVG Albert "A.J." Turner, At -Large ROY WEST, MAYOR Randy Feldschau, At -Large Taylor Neild, Mayor Pro Tern CITY COUNCIL MEETING Michael Getz, Ward 11 Audwin Samuel, Ward III AUGUST 6, 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 August 6, 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 1-3, 5, 6 & 13. (or any other topic). Items 4 & 7-12 have already been heard in a Public Hearing therefore, citizens can't speak on those items. Mayor West called the council meeting to order at 1:30 p.m. Pastor Vernon Tubbs with First Full Gospel Baptist Church gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tern Neild, Councilmembers Getz, Turner (arrived at 1:36 p.m.), Feldschau and Samuel. Absent: Councilmember Durio. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Councilmember Samuel left the meeting at 1:33 p.m. Proclamations, Presentation and Recognition Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-3, 5, 6 & 13. (or any other topic). Items 4 & 7-12 have already been heard in a Public Hearing therefore, citizens can't speak on those items. (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) None CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) Minutes -- August 6, 2024 A. Council to consider approving the July 30, 2024, City Council meeting minutes. B. Council to consider a resolution authorizing the City Manager to execute a grant agreement extension for the 2022 CHDO Reserve and Operating funds — Resolution 24-185 C. Council to consider a resolution authorizing the City Manager to execute amended grant agreements with Legacy Community Development Corporation for the 2023 CHDO Reserve and Operating funds — Resolution 24-186 D. Council to consider approving a three-year agreement with Liviniti for Pharmacy Benefit Manager services for city employees and retirees — Resolution 24-187 E. Council to consider a resolution approving annual contracts for the purchase of ready -mix concrete and heavy materials for use by multiple City departments — Resolution 24-188 F. Council to consider a resolution to enter into a contract for grant application and administrative services — Resolution 24-189 Councilmember Getz moved to approve the Consent Agenda. Mayor Pro Tern Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED REGULAR AGENDA Council to discuss and give direction to the City Attorney regarding seeking an Attorney General's opinion as to whether members of Council interfered with the hiring of a new Police Chief. On January 5, 2024, Chief Singletary announced his retirement from the Beaumont Police Department (BPD). The City Manager began the process of seeking to fill the vacancy. The City contracted with Affion Public, LLC (Affion) to conduct a national search for viable candidates. A representative from Affion met with City Department Directors, members of the Beaumont Police Officer's Association, and the Council to determine what their ideal candidate would look like. The hiring process included several screenings to reduce the pool of over fifty applicants down to five. After one candidate withdrew, the final four candidates were interviewed by members of the community, members of the Executive staff, and they also participated in a community meet and greet. On July 12, the City Manager recommended an external candidate, and the candidate was not confirmed by Council. During discussion, Council members expressed their desire to have a local candidate appointed as the new Police Chief. Minutes — August 6, 2024 On July 30, Councilmen Samuel requested the City Attorney seek an Attorney General's opinion regarding whether Council's direction to the City Manager to consider internal candidates constitutes a violation of Article V Section 4 of the City Charter. Directions to the City Attorney require a quorum of Council. Denial of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY ATTORNEY IS HEREBY DIRECTED TO SEEK AN ATTORNEY GENERAL'S OPINION AS TO WHETHER MEMBERS OF COUNCIL INTERFERED WITH THE HIRING OF A NEW POLICE CHIEF. MOTION FAILED DUE TO A LACK OF A SECOND Councilmember Samuel returned to the meeting at 1:38 p.m. 2. Council to consider adopting a resolution to authorize the City Manager to execute a Grant Agreement with Legacy Community Development, LLC for the acquisition of 2575 Primrose Beaumont, TX. On January 23, 2024, the City Council awarded HOME -ARP funds to Legacy CDC via RES 24-017 for the acquisition and development of non -congregate shelter. The original site selected for this shelter was off Concord Road and was terminated due to the appraised value. Legacy CDC selected 2575 Primrose as a potential site for the non -congregate shelter property. This property has 12 units. Funds will come from the HOME Investment Partnership (HOME) HOME -ARP 2021 funding. Approval of the resolution. Mayor Pro Tern Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO A GRANTAGREEMENT NT WITH LEGACY COMMUNITY DEVELOPMENT CORPORATION, LLC IN THE TOTAL AMOUNT OF $907,269.00 IN HOME -ARP FUNDS FOR THE ACQUISITION AND/OR DEVELOPMENT OF NON -CONGREGATE SHELTER UNITS (NCS) TO LEGACY COMMUNITY DEVELOPMENT CORPORATION, LLC; AND THAT LEGACY COMMUNITY DEVELOPMENT CORPORATION, LLC, TO ACQUIRE 2575 PRIMROSE, BEAUMONT, TEXAS, WHICH CONTAINS 12 HOUSING UNITS FOR NCS FOR THE RESTRICTED USE PERIOD FOR THIS PROJECT, As OUTLINED AND REQUIRED BY HUD, Councilmember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-190 3. Council to consider a resolution to authorize the inspection of water utility service lines.by Republic Meter Inc., of Dallas, TX. Minutes — August 6, 2024 The city is inventorying water service line materials as required by the Environmental Protection Agency's (EPA) Lead and Copper Rule Revisions (LCRR) and the proposed Lead and Copper Rule Improvements. There are approximately 49,300 service lines in the City and the LCRR requires the initial inventory of the water service line material on both the City and customer sides by October 16, 2024. Republic Meter Inc. is currently engaged with the City of Beaumont to repair and replace approximately 14,000 antennas and transmitters within meter boxes. This proposed inspection project by Republic Meter Inc. offers the best value as they will inspect the material of all unknown service lines at sites where they are mobilized and have cleaned out the meter box. The inspection consists of the following tasks: Inspect the city- and customer -side water service lines. Record all data including line location and material. Capture images and detailed notes for quality control and assurance. The charge is $13.00 per inspection. if the line is found to be metallic, and not plastic, then they will perform additional testing for the presence of lead. Water Utilities recommends a not to exceed award of $200,000.00. Funds will come from the Water Revenue Bonds. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ALLOW THE INSPECTION OF WATER UTILITY SERVICE LINES BY REPUBLIC METER INC., OF DALLAS, TEXAS, IN AN AMOUNT NOT TO EXCEED $200,000.00. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS. NONE MOTION PASSED RESOLUTION 24-191 4. Council to consider a request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont for property located at 2405-2499 Wescalder Road. Scott Holleman and the heirs of the AJ Fasulo Estate have requested the City of Beaumont to accept maintenance of the private drive east of Wescalder Road and north of Baker Road, and its infrastructure. Planning staff offered to facilitate an improvement district in accordance with regulations set forth in Chapter 372 of the Texas Local Government Code to the applicant, Scott Holleman. Mr. Holleman spoke on behalf of the property owners and relayed they are not interested in pursuing an improvement district to fund necessary improvements on private property for future consideration of dedication, Street and infrastructure rehabilitation is estimated to cost approximately $1,025,126.50 should the City Council choose to accept the request. Minutes — August 6, 2024 An improvement district is a defined area that allows residents to fund local improvements through a tax -based bond. The cost of the improvements is then distributed among the property owners who benefit from them through levying special assessments. The following is a timeline of the request and cost estimate breakdown: PZ2021-243 was tabled for six (6) months at the September 18, 2023, Planning Commission meeting for the purpose of receiving additional information from the owner regarding private contractor costs and producing plans to bring the streets up to city infrastructure standards. Staff have not received any correspondence of associated costs or plans from Scott Holleman nor the heirs of the A.J. Fasulo Estate yet. In 2021, engineering conducted a survey and analysis of the streets and drainage infrastructure. They found that the entire pavement is in very poor condition and requires full rehabilitation. The ditches had been poorly maintained and not graded properly to drain with driveway culverts that were not set properly. The condition of the water and sewer lines was unknown. At the October 2021 Planning Commission meeting, after some discussion, the Commission requested a more thorough investigation of the drainage, water and sewer situation and minimum improvements needed for acceptance of the neighborhood. In the following months Engineering did investigate the requested data, and this is what they found: Immediate needs: The water system requires replacement either before or immediately after acceptance of the road rights -of -way. This is to improve the fire protection to the development and to eliminate the multitude of services running from an extensive bank of meters in the Wescalder right-of-way, The current cost estimate is $275,000 to install water mains, service connections, water meters, and fire hydrants through a contractor. Urgent Work: The City would eventually need to set four (4) manholes on the sanitary sewer system to provide access to the lines for inspection and cleaning. Estimated cost, if performed by a contractor, is $40,000. _Rem_aining Work: The remaining work would be addressed during normal prioritization of scheduled workload and are listed in no specific order: Estimated cost of excavation of roadside ditches, installing driveway culverts to grade, rehabilitation of asphalt roads, etc. is $525,126.50. Replace sewer main lines. Estimated cost if performed by a contractor: $185,000. It is an estimated grand total of $1,025,126.50 more or less, to bring the current conditions to standard if the streets and infrastructure are to be accepted and work to be performed by City staff and a contractor. The grand total may increase due to unforeseen costs. Mutes — August 6, 2024 Fire Department — Fire Marshal reviewed the site, and the Fire Department has concerns about the width and load limits of the current private street. City streets must have a 75,000- pound load limit rating and be wide enough for a fire apparatus. Most of these streets are narrow, being approximately 10'-12' wide. Solid Waste — Solid Waste provides garbage service to 2425 Wescalder Road. If the City provides solid waste services, improvements to the roads will be required to maintain the weight of the garbage trucks. Staff recommends denial due to the following reasons: narrow width of streets, lack of fire hydrants along the streets, load limit concerns, surveying issues and rehabilitation costs. At a Joint Public Hearing held on March 18, 2024, the Planning Commission recommended 8:0 to deny the request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont for property located at 2405-2499 Wescalder, being Tract 21, part of Lots 4-5, Block 8, Wescalder Fig Acres, Beaumont, Jefferson County, Texas, containing 2.1133 acres more or less. Should the City Council choose to approve the request, staff would recommend the following condition: A plat produced by a licensed surveyor must be submitted to the Planning Office prior to final acceptance of the streets and infrastructure. Denial of the ordinance. Should City Council choose to approve the request, staff would recommend the following condition: A plat produced by a licensed surveyor must be submitted to the Planning Office prior to final acceptance Of the streets and infrastructure. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE THAT THE CITY COUNCIL APPROVES THE REQUEST TO CONVERT THE PRIVATE STREETS AND OTHER INFRASTRUCTURE FOR PROPERTY LOCATED AT 2405-2499 WESCALDER ROAD, WITH THE CONDITION, TO PUBLIC OWNERSHIP. Mayor Pro Tem Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-036 5. Council to consider a resolution approving the purchase of Stop Logs for the Pine Street Water Production Plant. Minutes — August 6, 2024 Water Production is requesting to purchase eleven (11) new Fontaine-Aquanox series 95 Stop Logs at the Water Treatment Plant. Stop logs are used to isolate the south mixing channel from the north mixing channel for cleaning and maintenance purposes. Environmental improvements Inc. is the sole representative for the complete line of Fontaine-Aquanox products in the states of Texas and Oklahoma. The amount of this purchase is $60,262.00. Funds will come from the Water Fund. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE PURCHASE OF ELEVEN (11 ) NEW FONTAINE-AQUANOX SERIES 95 STOP LOGS FOR THE PINE STREET WATER PRODUCTION PLANT IN THE AMOUNT OF $60,262.00 FROM ENVIRONMENTAL IMPROVEMENTS, INC., OF HOUSTON TEXAS, Councilmember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-192 6. Council to consider a resolution authorizing the City Manager to execute Change Order No. 5 to the contract with Gulf Coast, a CRH Company, for the 4th Street Roadway Rehabilitation Project. On January 24, 2023, by Resolution No. 23-031, the City Council awarded a contract to Gulf Coast, a CRH Company, of Beaumont, in the amount of $6,079,536.28, for the 4th Street Roadway Rehabilitation Project. There were previous Change Orders Nos. 1 --4, in the amount of $441,512.61. Proposed Change Order No. 5, in the amount of ($540,930.17), is being requested by the City to adjust estimated quantities to actual quantities used to date for this project and to account for additional work required by BNSF railroad for the pedestrian sidewalk crossing near Wall Street. A total of thirty (30) additional calendar days will be added to the contract for the additional work. If approved, Change Order No. 5 will result in a new contract amount of $5,980,118.72. Funds will come from Certificates of Obligation. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO, 5 IN THE AMOUNT OF ($540,930.17), Minutes — August 6, 2024 FOR ADDITIONAL WORK, THEREBY DECREASING THE TOTAL CONTRACT AMOUNT TO $5,980,118.72 FOR THE 4T" STREET ROADWAY REHABILITATION PROJECT. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-193 7. Council to consider a request for a Specific Use Permit to allow an automotive paint and body shop for property located at 3480 Benchmark Drive. Bret Flay is requesting 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, 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 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. 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 pretreatment 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. Minutes — August 6, 2024 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: 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. Mayor Pro Tern Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW AN AUTOMOTIVE PAINT AND BODY SHOP WITHIN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3480 BENCHMARK DRIVE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-037 8. Council to consider a request for a Specific Use Permit to allow a duplex in an R-S (Residential Single -Family Dwelling) zoning district for property located at 221 N. Parkway Drive. Cornell Price of Price Homes is requesting approval of a Specific Use Permit to allow the construction of a duplex at 221 N. Parkway Drive. The intent of the project is to provide more housing options to the community and promote infill development of vacant properties. Minutes — August 6, 2024 According to our City's Comprehensive Plan the property is located within the "Stable Area." Such areas are "built up areas which are generally characterized by good to excellent structural conditions and neighborhoods that are free from blighting influences such as incompatible land uses, dilapidated and delict buildings and deteriorated or poor public infrastructure. Vacant parcels which may exist are good to excellent development sites." This request appears to align with our City's Comprehensive Plan of Beaumont. At a Joint Public Hearing held on July 22, 2024, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow a duplex within an RS (Residential Single Family) zoning district for property located at 211 N. Parkway Drive, with the following conditions: Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. Approval of the ordinance, with the following conditions: Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. Councilmember Turner moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A DUPLEX WITHIN AN R-S (RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 221 N. PARKWAY DRIVE, WITH THE CONDITION, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NIILD, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-038 9. Council to consider a request for a Specific Use Permit to allow a recreational vehicle park within an LI (Light Industrial) zoning district for property located at 6185 Fannett Road. Justin Broussard is requesting a Specific Use Permit to allow an RV (Recreational Vehicle) park at 6185 Fannett Road. The development will consist of seventy-three (73) pads with water, electricity and sewage hook-ups. The RV Park will be open 24 hours a day all year round. The business operating flours will be Monday through Sunday, 8:00 am to 8:00 pm, with designated quiet hours of 10:00 pm to 7:00 am. The developments amenities will include Minutes — August 6, 2024 a playground for children, a designated dog park for pets, an office club house, a recreationa game room, and laundry facilities for guests of the park. Per our City's Comprehensive Plan, the proposed development is considered to be located in the Contemporary Neighborhood design concept. This model allows for a diversity of housing types and convenient access to parks, schools and shopping centers while still protecting single-family residential areas from Intrusion of incompatible land uses and vehicular traffic. This proposal appears to be consistent with the Comprehensive Plan of Beaumont. At a Joint Public Hearing held on July 22, 2024, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow a recreational vehicle park within an LI (Light Industrial) zoning district for property located at 6185 Fannett Road, with the following conditions: Shall be in compliance with Section 24.06,008 Minimum standards for type "C" recreational vehicle park. 2. Shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 3. Shall provide directional lighting to reflect away from the surrounding residential properties. 4. The property at 6185 Fannett Road and surrounding areas, are located within the Special Flood Hazard A zone. All improvements for the proposed development shall be in strict compliance with applicable local, State, and Federal regulations, including Section 24.05 of the City of Beaumont's code of ordinances, for flood damage prevention. 5. Construction plans must meet all requirements by Water Utilities for any water and sanitary improvements, including any requirements of the City's backflow, pre-treatment and/or FOG program. 6. No permanent structure or appurtenances shall be placed within the easement property, including RV pads. 7. Water and sewage crossings and separations shall follow all Texas Commission on Environmental Quality (TCEQ) standards. 8. Construction plans shall comply with all applicable Fire and Building Code requirements. 9. Shall install a 5' sidewalk along Fannett Road, either in private property, or within TXDOT right-of-way with applicable TXDOT permits. Approval of the ordinance, with the following conditions: Shall be in compliance with Section 24.06.008 Minimum standards fortype "C" recreational vehicle park. Minutes — August 6, 2024 2. Shall be in compliance with Section 28,04.006 Landscaping and screening requirements. 3. Shall provide directional lighting to reflect away from the surrounding residential properties. 4. The property at 6185 Fannett Road and surrounding areas, are located within the Special Flood Hazard A zone. All improvements for the proposed development shall be in strict compliance with applicable local, State, and Federal regulations, including Section 24.05 of the City of Beaumont's code of ordinances, for flood damage prevention. 5. Construction plans must meet all requirements by Water Utilities for any water and sanitary improvements, including any requirements of the City's backflow, pre-treatment and/or FOG program. 6. No permanent structure or appurtenances shall be placed within the easement property, including RV pads. 7. Water and sewage crossings and separations shall follow all Texas Commission on Environmental Quality (TCEQ) standards. 8. Construction plans shall comply with all applicable Fire and Building Code requirements. 9. Shall install a 5' sidewalk along Fannett Road, either in private property, or within TXDOT right-of-way with applicable TXDOT permits. Mayor Pro Tern Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A RECREATIONAL VEHICLE PARK WITHIN AN Ll (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED AT 6185 FANNETT ROAD, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-039 10. Council to consider a request for an Amended Specific Use Permit to allow a mortuary and crematory in an RCR (Residential Conservation Revitalization) zoning district for property located at 3510 Sarah Street. Larissa Payton, on behalf of Andre Comeaux, is requesting an amended Specific Use Permit to allow a mortuary and crematory at 3510 Sarah Street. The request received an approved Specific Use Permit in 2021, and an extension in 2023. However, substantial changes in design and layout have required the request to be reviewed by the Planning Commission and City Council. Minutes — August 6, 2024 The proposed development will feature a thirteen thousand five hundred (13,500) square foot more or less chapel for services, a five thousand (5000) square foot more or less embalming building for processing and approximately one hundred parking spaces. Operating hours will be Monday through Friday 9:00 am to 5:00 pm, where they will offer a variety of funeral planning services, pre -planning services and grief counseling. At a Joint Public Hearing Feld on July 22, 2024, the Planning Commission recommended 8:0 to approve the request for an Amended Specific Use Permit to allow a mortuary and crematory in an RCR (Recreational Conservation Revitalization) zoning district for property located at 3510 Sarah Street, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. 3. Shall be in strict compliance with all applicable State laws. Approval of the ordinance, with the following conditions: Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. 3. Shall be in strict compliance with all applicable State laws. Councilmember Turner moved to ADOPT AN ORDINANCE, ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT" TO ALLOW A MORTUARY AND CREMATORY IN AN RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 3510 SARAH STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-040 11. Council to consider a request for a Rezone from an R-S (Residential Single -Family Dwelling) zoning district to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive zoning district for property located at 5210 Concord Road. Minutes — August 6, 2024 Elizabeth Simmons is requesting approval of a Rezone from R-S (Residential Singie-Family Dwelling) to GC -MD (General Commercial -- Multiple -Family Dwelling) or a more restrictive zoning district, for the property located at 5210 Concord Road. The property is currently under a work program and being repaired to the code of a residential structure. The applicant is seeking to rezone the property to commercial zoning as they feel it would be easier to find a commercial tenant post Concord expansion. This request, if granted, may result in a "spot" zone of high density uses in a single-family residential area. The application is not in compliance with the Comprehensive plan of Beaumont and may be a violation of Chapter 211 of the Local Government Code. Texas Municipal Law defines "spot zoning" as, "A piecemeal zoning amendment that arbitrarily singles out a small tract for special treatment... Lots that are rezoned in a way that is substantially inconsistent with the zoning of the surrounding area, whether more or less restrictive, are likely to be invalid". According to the Comprehensive Plan the property is located within a "Stable Area Stable Areas are "characterized by good to excellent structural conditions and neighborhoods that are free from blighting influences, such as incompatible land uses, dilapidated buildings and a deteriorated or poor public infrastructure. Vacant parcels which may exist are good to excellent development sites." At a Joint Public Hearing held on July 22, 2024, the Planning Commission recommended 8:0 to deny the request for a Rezone from an R-S (Residential Single -Family Dwelling) zoning district to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrict zoning district for property located at 6185 Fannett Road. Denial of the ordinance. Councilmember Samuel moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCE OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE- FAMILY DWELLING) DISTRICT TO GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 5210 CONCORD ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION DENIED 12. Council to consider an ordinance to amend Chapter 28, Section 28.02.005(3)(B) ofthe Code of Ordinances. This item was heard and recommended for approval by the Board of Adjustments on June 6, 2024. Minutes -- August S, 2024 Staff intends to amend Section 28.02.005(3)(B) of the City of Beaumont Code of Ordinances to correct inaccurate language within the ordinance. The ordinance was amended in April of 2023 to be compliant with the passing of House Bill 1475. During recent reviews of ordinance staff noted an editing error that needs to be corrected. The change is minor by amending the word "handicap" with "hardship", shown below. (B) That literal enforcement of the chapter will result in unnecessary hardship, because of exceptional narrowness, shallowness, shape, topography, orother extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. "Unnecessary handioap hardship" shall mean physical hardship relating to the property itself. The following may also be considered when determining "unnecessary handicap hardship": The proposed correction is in accordance with and compliance with H.B 1475. At a Joint Public Hearing held on July 22, 2024, the Planning Commission recommended 8.0 to approve proposed amendments to Chapter 28, Section 28.02.005(3)(B) of the Code of Ordinances. Approval of the ordinance. Mayor Pro Tern Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SECTION 28.02.005(3)(B) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO MAKE CHANGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-041 PUBLIC HEARING Council to conduct a public hearing to accept comments related to authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive Operating Assistance funds for the BMT Zip. Public Hearing Open: 2:06 p.m. None Public Hearing Close: 2:06 p.m. REGULAR AGENDA 13. Council to consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive Operating Assistance funds for the BMT Zip. Minutes — August 6, 2024 The City of Beaumont, through its transit operator the BMT Zip, has prepared a grant application for FY 2025 grant funds from the Federal Transit Administration (FTA) that are distributed to the City through Texas Department of Transportation (TXDOT). The grant will Delp fund labor, fringe benefits, vehicles, parts and supplies, purchased services, utilities, insurance, licenses, and all other miscellaneous expenses needed for the operation and maintenance of the Zip incurred in FY 2025. The grant period runs from September 1, 2024, through August 30, 2025. Funds will come from the Texas Department of Transportation. Source Amount State Share $480,023,00 City Share $0 Total $480,02100 Approval of the resolution. C©uncllmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO SUBMIT A GRANT APPLICATION AND TO EXECUTE A CONTRACT WITH THE FEDERAL TRANSIT ADMINISTRATION TO RECEIVE OPERATING ASSISTANCE FUNDS IN THE AMOUNT OF $480,023.00 FOR THE BMT ZIP. Counciimember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYSL NONE MOTION PASSED RESOLUTION 24-194 WORK SESSION Council to Discuss the Downtown Proactive Code Enforcement Program Council to Review and Discuss Homelessness COUNCILMEMBER COMMENTS (Counciimember comments can be heard or seen atthe City of Beaumont website at beaumonttexas.gov) EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: 10 Tamika Williams v. City of Beaumont; Cause No. 24JP6CV0363 Minutes —August 6, 2024 Open Session of tl if meeting,adjo E Tina Broussard, City Clerk ed at 4:25 p.m. 4 �cj U Minutes -- August 6, 2024