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HomeMy WebLinkAboutSEPT 03 2024 MINT E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner, At -Large ROY WEST, MAYOR Randy Feldschau, At -Large Taylor Neild, Mayor Pro Tem CITY COUNCIL MEETING Michael Getz, Ward li Audwin Samuel, Ward III SEPTEMBER 3, 2024 Chris Durio, Ward IV Tina Broussard, City Cleric 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 September 3, 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 1-8, 16 & 17. (or any other topic). Items 9-15 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 Torey Doucette with New Birth Missionary 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 Tem Neild, Councilmembers Durio, Getz, Turner, Ieldschau and Samuel. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition Recognition -- Lamar Collegiate 100; accepting; Mr. Dan Williams, 100 Black Men of Beaumont "Beaumont Community Players" -- September 17, 2024 — Accepting; Julia Rodriguez, Director of Beaumont Community Players "REVUP" — accepting; Mr. Seth Wells "Mexican Heritage Month" — September 2024 Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-8, 16 & 17. (or any other topic), Items 9-15 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) Minutes — September 3, 2024 Charlie Crabbe 928 East Dr. Beaumont TX Margaret Golias 3430 Evalon Ave. Beaumont TX Jason Marshburn 1070 Monterrey Dr. Beaumont TX Gerald Smith, Jr. 4215 Berkley Ave. Beaumont TX Mario Zamudio 2570 Calder 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 August 20, 2024, City Council meeting minutes. B. Council to consider a request from Caliche Development Partners ("CDP") 11, LLC to transfer controlling ownership in the company to Caliche Development Partners 111, LLC — Resolution 20-206 C. Council to consider a resolution authorizing the City Manager to renew a contract with Motorola Solutions Inc. -- Resolution 24-207 D. Council to consider a resolution to authorize the City Manager or their designee to sign an addendum to the current three-year contract with Axon Enterprise, Inc. of Scottsdale, Arizona for FUSUS -- Resolution 24-208 E. Council to consider a resolution authorizing the City Manager to sign a Beautification Project Agreement with Beaumont Elite Emergency Center, LLC. — Resolution 24-209 F. Council to consider a resolution appointing members to the Community Development Advisory Board — Resolution 24-210 G. Council to consider a resolution appointing members to the Convention and Visitors Bureau Committee — Resolution 24-211 H. Council to consider a resolution nominating Lauren Williams Mason for the Board of Directors of the Jefferson Central Appraisal District -- Resolution 24-212 I. City of Beaumont's support for Entergy Texas' Southeast Texas Energy Plan also known as the "STEP Ahead" Plan — Resolution 24-213 J. Council to consider a resolution approving the annual contract to provide towing services for Fleet Management, Code Enforcement and Police Department — Rejected K. Council to consider renewing our contract for investment management services — Resolution 24-214 L. Council to consider an ordinance amending Title I Chapter 20 Section 20.03.004 of the Code of Ordinances that would establish a reduced speed school zone on Sarah Street - Ordinance 24-044 Minutes — September 3, 2024 Councilmember Samuel moved to approve the Consent Agenda. Councilmember Durio seconded the motion. After discussion regarding Item J on the Consent Agenda Councilmember Getz moved to approve the Consent Agenda excluding Item J and table for a few weeks for staff to come back with additional information. Councilmember Durio seconded the motion. After additional discussion Councilmember Getz amended his motion to reject Item J. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED REGULAR AGENDA 1. Council to consider a resolution authorizing the City Manager to award a contract to Pro -Pipe Inc., of Irvine, CA for the Sanitary Sewer Evaluation Work Order Contract --- Phase V. The Sanitary Sewer Evaluation Work Order Contract — Phase V will be used to clean, televise, and evaluate the City's sewer collection system to identify cost effective methods to rehabilitate defective manholes and mainlines. On July 25, 2024, three (3) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate for the contract is $678,950.00. The bid totals are indicated in the table below: Contractor Location Total Bid Amount Pro -Pipe, Inc Irvine, CA $ 655,289.11 Chief Solutions, Inc. Houston, TX $ 762,000.00 Compliance EnviroS stems, LLC Baton Rouge, LA $1,161,000.00 Based on a review of the bids and required documents received, Water Utilities staff recommend awarding the project to the lowest bidder, Pro -Pipe, Inc., in the amount of $655,289.11. A total of 365 calendar days are allocated for substantial completion of the project. Funds will come from the American Rescue Fund. Approval of the resolution. Mayor Pro Tern Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH PRO -PIPE, INC., OF IRVINE, CALIFORNIA, IN THE AMOUNT OF $655,289.11, FOR THE SANITARY SEWER EVALUATION WORK ORDER CONTRACT -- PHASE V. Councilmember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TE;M NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL Minutes September 3, 2024 NAYS: NONE MOTION PASSED RESOLUTION 24.215 2. Council to consider a resolution authorizing cleaning and disinfection of the Pine SWTP West Clearwell Storage Tank by Utility Services Co., Inc., of Perry, GA. The city owns and maintains a 5-million-gallon clearwell storage tank at the Pine Street Surface Water Treatment Plant. The clearwell is divided into two sections: the east side and the west side. The east side was cleaned in 2022 and had its baffles replaced in 2023. The west side, however, still needs to be cleaned. During the last inspection, the baffles on the west side were found to be in good condition and do not require replacement. Total pricing, in the amount of $70,079,00, was obtained from Utility Services Co., Inc., of Perry, GA, through the BuyBoard contract. BuyBoard is a cooperative purchasing association that complies with the State of Texas' procurement statutes. 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 EXECUTE A CONTRACT WITH UTILITY SERVICES CO., INC., OF PERRY, GEORGIA, IN THE. AMOUNT OF $70,079.00, FOR THE CLEANING AND DISINFECTION OF THE PINE STREET SURFACE WATER TREATMENT PLANT. Councilmember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE & Eel I to) 01:7s1*y:1 E7 RESOLUTION 24-216 3. Council to consider a resolution authorizing two (2) emergency repairs of an eight --inch sanitary sewer main on Highpoint Avenue. On August 6, 2024, the city was made aware of a sewer main break at 6375 Highpoint Avenue that was forming a cavity and leading to a complete backup for Highpoint Avenue and the Springwood Subdivision. After completing the initial point repair and televising the surrounding area, an additional defect was found at 6345 Highpoint Avenue. Both sections of pipe and service connections will need repairs. An emergency contract has been put in place with King Solutions, LLC of Houston not to exceed $125,000 to complete both repairs. Funds will come from the Water Utilities Fund, Minutes M September 3, 2024 Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO AWARD A CONTRACT TO KING SOLUTIONS, LLC, OF HOUSTON, TEXAS, FOR THE EMERGENCY REPAIR OF AN EIGHT -INCH SANITARY SEWER MAIN AND SERVICE CONNECTIONS ON HIGHPOINT AVENUE IN AN AMOUNT NOT TO EXCEED $125,000.00. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS; NONE MOTION PASSED RESOLUTION 24-217 4. Council to consider a resolution authorizing the City Manager to execute Change Order No. 5 to the contract with ALLCO LLC, of Beaumont, for the 48--Inch Pine Street Raw Water Line Project. On July 18, 2023, by Resolution No. 23-193, the City Council awarded a contract to ALLCO, LLC, of Beaumont, in the amount of $29,191,513.63. There was previous Change Order Nos. 1-4 in the amount of ($8,894,091.65). Proposed Change Order No. 5, in the amount of $185,934.00, is requested for additional construction effort required in response to unforeseen conditions related to existing infrastructure. This added scope relates to installation of the new 48-inch raw water line underneath existing storm sewer infrastructure. It will result in significant additional effort to brace existing pipes, remove and replace existing pipes, or realign the original proposed 48- inch raw water line to avoid conflicts, and will add an additional 25 calendar days to the project. This change order also proposes days be added to the contract for previous matters. Change Order No. 1 indicated that the value engineering and pipe material change would cause delay in the project and would be determined at a later date. It is now recommended that 90 calendar days be added to account for this change in the contract. Also, the contractor experienced an unforeseen delay in construction resulting from a utility conflict and subsequent response by Entergy. This delay has resulted in a request for an additional 19 calendar days. If approved, Change Order No. 5 would result in a new contract amount of $20,483,355.98 with an additional 134 calendar days to the contract time. Funds will come from the Capital Program and CDBGIGLO. Approval of the resolution. Minutes — September 3, 2024 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 $185,934.00, FOR ADDITIONAL WORK, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $20,483,355.98, FOR THE 48-INCH PINE STREET RAW WATER LINE PROJECT, AND THAT AN ADDITIONAL ONE HUNDRED AND THIRTY-FOUR (134) CALENDAR DAYS ARE ADDED TO COMPLETE THE WORK. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-218 5. Council to consider a resolution authorizing the City Manager to execute Change Order No. 10 to the contract with ALLCO, LLC, of Beaumont, for the Collier's Ferry Pump Station Project. On April 12, 2022, by Resolution No. 22-108, the City Council awarded a contract to Allco, LLC, of Beaumont, TX, in the amount of $25,088,259.00 for the Collier's Ferry Pump Station Project. Previous Change Order Nos. 1 - 9 in the amount of $1,527,061.71. Proposed Change Order No. 10, in the amount of $43,360.75, is required for the relocation of approximately 260 feet of an 8-inch raw water line that delivers irrigation water from Lawson's Pump Station to the Beaumont Country Club. The location of this raw water line was not known at the start of construction and was found to be in conflict with a portion of the proposed retaining wall and new access road. This change will add an additional fourteen (14) calendar days to the project. If approved, Change Order No. 10 would result in a new contract amount of $26,658,681.46 with an additional fourteen (14) calendar days to the contract time. Funds will come from the Certificates of Obligation and FEMA. 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. 10, IN THE AMOUNT OF $43,360.75, FOR ADDITIONAL WORK, THEREBY INCREASING THE TOTAL CONTRACTAMOUNT TO $26,658,681.46, FOR THE COLLIER'S FERRY PUMP STATION PROJECT, AND THAT AN ADDITIONAL FOURTEEN (14) CALENDAR DAYS ARE ADDED TO COMPLETE THE WORK. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE, MOTION PASSED Minutes -- September 3, 2024 RESOLUTION 24-219 6. Council to consider authorizing the City Manager to enter into an agreement with KCG Prado Place, LP for economic development incentives under the Neighborhood Empowerment Zone Program forthe development of a 56-unit apartment complex at 415 S. Eleventh Street. The City established the Empowerment Zone to encourage further development and revitalization within this particular area of Beaumont. The zone's purpose is to offer economic incentives in this area to attract new businesses and residences and encourage the redevelopment or growth of existing businesses and residences. KCG Prado Place, LP, has requested to receive the following incentives: 1) A possible seven (7) year, 100% municipal tax abatement for all added value for investments greater than $5,000,000. 2) Building fee waivers (not including tap and meter fees). 3) Expedited permit review. KCG Prado Place, LP, is seeking the benefit from Empowerment Zone incentives to aid the development of a new apartment complex located at 415 S. Eleventh Street, Their plan includes an approximate $16,500,000 investment for a new multi -unit residential construction. The application outlines the requests for all eligible benefits. The Administration believes that this project would meet the goals of the Empowerment Zone Program, and the new construction would aid residential growth in this area. Approval of the resolution. Councilmember Durio moved t0 APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO AN AGREEMENT WITH KCG PRADO PLACE, LP, FOR ECONOMIC DEVELOPMENT INCENTIVES TO ALLOW: (1) A POSSIBLE SEVEN (7) YEAR, 100% MUNICIPAL TAX ABATEMENT FOR ALLADDED VALUE FOR INVESTMENTS GREATER THAN $5,000,000.00; (2) BUILDING FEE WAIVERS (NOT INCLUDING TAP AND METER FEES) AND; (3) EXPEDITED PERMIT REVIEW UNDER THE NEIGHBORHOOD EMPOWERMENT ZONE PROGRAM TO AID THE DEVELOPMENT OF A NEW APARTMENT COMPLEX LOCATED AT 415 S. ELEVENTH STREET. THE APPROVED ABATEMENT PERIOD SHALL BEGIN JANUARY 1, 2027, AND TERMINATES DECEMBER 31, 2034. Councilmember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-220 7. Council to consider authorizing the City Manager to enter into an agreement with T W Calder, LLC for economic development incentives under the Neighborhood Empowerment Zane Program for retail development at 999 Calder Avenue. The City established the Empowerment Zone to encourage further development and revitalization within this particular area of Beaumont. The zone's purpose is to offer economic incentives in this area to attract new businesses and residences and encourage the Minutes — September 3, 2024 redevelopment or growth of existing businesses and residences. T W Calder, LLC, has requested to receive the following incentives: 1) A possible seven (3) year, 100% municipal tax abatement for all added value for investments greater than $75,000. 2) Building fee waivers (not including tap and meter fees). 3) Expedited permit review. T W Calder, LLC, is seeking the benefit from Empowerment Zone incentives to aid in planned renovations of 999 Calder Avenue to accommodate a music venue and record store. The renovations will result in an investment size of approximately $78,000. This project will increase retail opportunities within this empowerment zone, which aligns with the requirements of the policy. 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, addition of a new music venue and retail will aid growth in this area. Approval of the resolution. Councilmember Peldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER ENTER INTO AN AGREEMENT WITH T W CALDER, LLC, FOR ECONOMIC DEVELOPMENT INCENTIVES TO ALLOW (1) A THREE (3) YEAR, 100% MUNICIPAL TAX ABATEMENT; (2) BUILDING FEE WAIVERS (NOT INCLUDING TAP AND METER FEES) AND; (3) EXPEDITED PERMIT REVIEW UNDER THE NEIGHBORHOOD EMPOWERMENT ZONE PROGRAM TO AID IN PLANNED RENOVATIONS FOR A NEW MUSIC VENUE AND RETAIL SHOP AT 999 CALDER AVENUE. THE ABATEMENT PERIOD WILL BEGIN JANUARY 1, 2026, AND TERMINATES DECEMBER 31, 2029. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-221 8. Council to cast its vote in the Texas Municipal League (TML) Region 16 Board of Directors 2024 Election. The city is a member of the TML. Each member city is entitled to one vote, which must be cast by a majority vote of this governing body. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL CAST THEIR VOTE IN THE TEXAS MUNICIPAL LEAGUE REGION 16 BOARD OF DIRECTOR 2024 ELECTION FOR DANNY LEE, MAYOR OF CLEVELAND, TX. Mayor Pro Tern Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED Minutes —September 3, 2024 RESOLUTION 24-222 9. Council to consider a request for a Specific Use Permit to allow swimming lessons in an RS (Residential Single -Family Dwelling) zoning districtfor property located at 8130 Shenandoah Drive. Staci Ishee, is requesting a Specific Use Permitto continue offering swimming lessons atthe home located at 8130 Shenandoah Drive. Ms. Ishee has taught at this location forthirty (30) years, beginning tentatively in May with private lessons by appointment. Group classes begin in June and run through July for about 6 weeks. Ms. Ishee teaches ten (10) classes per day with a maximum of eight (8) students per class. Classes are held Monday through Thursday from 9:00 am to 1:00 pm and resuming in the afternoon from 3:00 pm to 6:45 pm. Private lessons may also be booked through August. Ms. Ishee began with teaching her own children, sparking a program focused on swimming as a critical life skill, with the increasing number of homes with pools and proximity to natural bodies of water in our area. Classes are available for both children and adults. At a Joint Public Hearing held on August 19, 2024, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow swimming lessons in an RS (Residential Single -Family Dwelling) zoning district for property located at 8130 Shenandoah Drive, with the following condition: Per Engineering, the driveway can accommodate four (4) cars, and seventeen (17) cars can park on the street. At no point shall cars block driveways or restrict life safety vehicles to navigate the neighborhood. The owner of the business shall be responsible for enforcing such parking restrictions. Approval of the ordinance, with the following condition: 1. Per Engineering, the driveway can accommodate four (4) cars, and seventeen (17) cars can park on the street. At no point shall cars block driveways or restrict life safety vehicles to navigate the neighborhood. The owner of the business shall be responsible for enforcing such parking restrictions. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW SWIMMING LESSONS WITHIN AN R-S (RESIDENTIAL SINGLE-FAMILY DWELLING) ZONING DISTRICT FOR PROPERTY LOCATED AT 8130 SHENANDOAH DRIVE, WITH THE CONDITION, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-045 Minutes -- September 3, 2024 10. Council to consider a request for a Specific Use Permit to allow a tool rental and equipment rental store in a GC -MD (General Commercial -Multiple Family Dwelling) zoning district for property located at 3105 Eastex Freeway. Tyler Wharton is requesting a Specific Use Permit to allow a tool and equipment rental store at 3105 Eastex Freeway. This property previously operated at a used car dealership and has an existing office, concrete parking, fencing and lighting. The applicant will offer selling and leasing tractors, trailers, and handheld construction equipment. According to the City's comprehensive plan this property is located within a "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 a deteriorated or poor public infrastructure. Vacant parcels which may exist are good to excellent development sites." The development of the site would be similar to the existing developments to the northwest and would Infill" a commercial gap along Eastex. At a Joint Public Hearing held on August 19, 2024, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow a tool rental and equipment rental store in a GC -MD (General Commercial -Multiple Family Dwelling) zoning district for property located at 3105 Eastex Freeway, with the following conditions: Any construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's back -flow pre-treatment and/or FOG program. 2. Any construction plans shall comply with all applicable Fire and Building Codes. 3. Any installed lighting shall be diverted from residential uses to the west and south. Approval of the ordinance, with the following conditions: 1. Any construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's back -flow pre-treatment and/or FOG program. 2. Any construction plans shall comply with all applicable Fire and Building Codes. 3. Any installed lighting shall be diverted from residential uses to the west and south. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A TOOL RENTAL AND EQUIPMENT RENTAL STORE WITHIN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3105 EASTEX FREEWAY, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Neild seconded the motion. Minutes — September 3, 2024 AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL MOTION PASSED ORDINANCE 24-046 11. Council to consider a request for a Rezoning from an RM-H (Residential Multiple Family -High Density) zoning district to an LI (Light Industrial) or a more restrictive district for property located at 1330 Lincoln Street. Jaquincy Durousseau is requesting approval of a Rezoning from an RM-H (Residential Multiple Family — High Density) zoning district to an Ll (Light Industrial) or a more restrictive zoning district, for the property located at 1330 Lincoln Street to expand the existing business Precision Metal. According to the Comprehensive Plan the property is located within a "Conservation Revitalization Areas". Such areas are "Built up areas where a significant portion of the area is used, dilapidated and derelict structures, a deteriorating or poor public infrastructure, and a decline in population and in the number of housing units and businesses. Immediate actions are needed to prevent continued deterioration and to reverse and repair those conditions." The property located at 2055 Hemlock, where the main structure is located, was rezoned in June 2003 to allow for a welding shop, post the rezoning and allowance of a parking lot expansion for Exxon Mobil adjacent from the property. The proposed rezoning appears to be in accordance with the Comprehensive Plan as it would allow for the expansion and growth of existing businesses within the Conservation Revitalization Area. At a Joint Public Hearing held on August 19, 2024, the Planning Commission recommended 5:0 to approve the request for a Rezoning from an RM-H (Residential Multiple Family -High Density) to an LI (Light Industrial) or a more restrictive district for property located at 1330 Lincoln Street. Approval of the ordinance. Mayor Pro Tern Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY -HIGHEST DENSITY) ZONING DISTRICT TO LI (LIGHT INDUSTRIAL) ZONING DISTRICT FOR PROPERTY LOCATED AT 1330 LINCOLN STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL Minutes — September 3, 2024 NAYS: NONE MOTION PASSED ORDINANCE 24-047 12. Council to consider a request for a Rezoning from an RS (Residential Single -Family Dwelling) zoning district to an NSC (Neighborhood Shopping Center) zoning district for property located at 7820-7900 Tram Road. Brayden Gott of Fittz and Shipman Inc., on behalf of property owners, Ruben Gonzales, Mohammed Hamdan and Rebhi Hamdan, is requesting approval of a Rezoning from an RS (Residential Single -Family Dwelling) zoning district to an NSC (Neighborhood Shopping Center) zoning district for property located at 7820-7900 Tram Road. According to the Comprehensive Plan the property is located within a "Low Density Rural Area". Such areas are "Areas where development at urban densities is either undesirable, inappropriate, or the provision of urban services and facilities are determined to be economically unjustifiable. Such areas should be restricted to low development densities and limited as to type of use based on the degree of environmental impact resulting from that use. Generally, these areas are intended for very low density uses, such as large tract residential uses, recreational camps, small farmsteads and limited agricultural uses. Commercial, light industrial and resource extraction operations should be limited to be very low development densities provided their environmental impacts are minimal or can be made minimal." The proposed zoning district allows for uses that could benefit the growing area, such as veterinarian services, general merchandise stores, food stores, apparel, furniture, eating places, etc. Additional uses include business offices, like real estate, accounting firms, insurance office. This could allow for neighborhood stores and localized shopping and offices for residents and businesses located north of Highway 105. At a Joint Public Hearing held on August 19, 2024, the Planning Commission recommended 5:0 to approve the request for a Rezoning from an RS (Residential Single -Family Dwelling) zoning district to an NSC (Neighborhood Shopping Center) zoning district for property located at 7820- 7900 Tram Road. Approval of the ordinance. Mayor Pro Tern Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED R-S (RESIDENTIAL SINGLE- FAMILY DWELLING) ZONING DISTRICT TO NSC (NEIGHBORHOOD SHOPPING CENTER) ZONING DISTRICT FOR PROPERTY LOCATED AT 7820-7900 TRAM ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL Minutes -- September 3, 2024 NAYS: NONE MOTION PASSED ORDINANCE, 24-048 13. Council to consider a request for a Rezoning from an RCR-H (Residential Conservation Revitalization -Historic) zoning district to an RCR (Residential Conservation Revitalization) zoning district and a Specific Use Permit to allow restaurants, professional offices, commercial retail, administrative offices, and a music studio for property located at 660 North 7th Street. Tyler Wharton is seeking a Rezoning from RCR-H (Residential Conservation Revitalization Historic District) to RCR (Residential Conservation Revitalization) District and Specific Use Permit to allow restaurants, professional offices, commercial retail, administrative offices, and music studio at 660 North 7th Street. Mr. Wharton has recently purchased the property and intends to renovate it to allow for smaller commercial developments to serve the unique historic area and its residents. According to the City's comprehensive plan this property is located within a "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 a deteriorated or poor public infrastructure. Vacant parcels which may exist are good to excellent development sites." At a Joint Public Hearing held on August 19, 2024, the Planning Commission recommended 5:0 to approve the request for a Rezoning from an RCR-H (Residential Conservation Revitalization, Historic) zoning district to an RCR (Residential Conservation Revitalization) zoning district and a Specific Use Permit to allow restaurants, professional offices, commercial retail, administrative offices, and a music studio for property located at 660 North 7th Street, with the following condition: The music studio shall adhere to Section 28.04.007 performance standards of the City's Code of Ordinances. Approval of the ordinance, with the following condition: The music studio shall adhere to Section 28.04.007 performance standards of the City's Code of Ordinances. Mayor Pro Tern Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RCR-H (RESIDENTIAL CONSERVATION REVITALIZATION -HISTORIC) ZONING DISTRICT TO RCR (RESIDENTIAL CONSERVATION REVITALIZATION) ZONING DISTRICT FOR PROPERTY LOCATED AT 660 NORTH 7"" STREET, WITH THE CONDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL Minutes — September 3, 2024 NAYS: NONE MOTION PASSED ORDINANCE 24-049 Counciimember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW RESTAURANTS, PROFESSIONAL OFFICES, COMMERCIAL RETAIL, ADMINISTRATIVE OFFICES, AND A MUSIC STUDIO WITHIN AN RCR (RESIDENTIAL CONSERVATION REVITALIZATION) ZONING DISTRICT FOR PROPERTY LOCATED AT 660 NORTH 7T+1 STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-050 14. Council to consider a request for a Rezoning from a PUD (Planned Unit Development) zoning district to a GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive zoning district for property located at 3510 South Martin Luther King Parkway. Jamie Johnson is requesting approval of a Rezoning from a PUD (Planned Unit Development) zoning district to a GC -MD (General Commercial - Multiple Family Dwelling) or a more restrictive zoning district, for the property located at 3510 South Martin Luther King Parkway. The purpose of the rezoning is to allow for commercial development. According to the Comprehensive Plan the property is located within a "Conservation Revitalization Areas". Such areas are "Built up areas where a significant portion of the area is used, dilapidated and derelict structures, a deteriorating or poor public infrastructure, and a decline in population and in the number of housing units and businesses. Immediate actions are needed to prevent continued deterioration and to reverse and repair those conditions.° The proposed rezoning appears to be in accordance with the comprehensive plan as it would allow for the expansion and growth of businesses within the Conservation Revitalization Area. Additionally, the property fronts an arterial road, which typically fosters commercial and high density uses. At a Joint Public Hearing held on August 19, 2024, the Planning Commission recommended 5:0 to approve the request for a Rezoning from a PUD (Planned Unit Development) zoning district to a GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive district for property located at 3510 South Martin Luther King Parkway. Approval of the ordinance. CoUncilmember Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 2$ 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, Minutes — September 3, 2024 TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED PUD (PLANNED UNIT DEVELOPMENT) ZONING DISTRICT TO GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3510 SOUTH MARTIN LUTHER KING PARKWAY, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY, Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-051 15. Council to consider a request for a Rezoning Study of Isla Street and the surrounding area bordered by Oakland Street, Magnolia Avenue, Maple Street and IH 10 Eastbound feeder road. In March of 2024, planning staff received concerns of commercial uses encroaching into a residential neighborhood near the Isla Street area. Research revealed that this area has been zoned as LI (Light Industrial) since 1981. Development in this area has been stagnant and very little industrial uses have taken advantage of the existing zoning district. To preserve the existing residential land uses and address a lack of development, staff is proposing a rezoning of the area between Oakland Street heading east to Magnolia Avenue and from Maple Street extending south to Interstate 10 Eastbound feeder road to encourage appropriate infill development to this area. Existing uses are predominantly residential with some light commercial uses, churches and one truck lot. Staff is recommending a zone change from LI (Light Industrial) to RCR (Residential Conservation Revitalization), GC -MD (General Commercial -- Multiple Family Dwelling), GCI MD-2 (General Commercial —Multiple Family Dwelling-2) and NC (Neighborhood Commercial) zoning districts. Over the last 15 years, ten (10) structures were demolished, and four (4) residential homes were constructed. The entirety of Oakland Street including 1405 Isla, 1420 Concord and from 1890 Magnolia south to where Magnolia intersects IH 10 East Feeder Road, to be rezoned from LI (Light Industrial) to GC -MD (General Commercial- Multiple Family Dwelling) zoning district, This will foster the existing commercial zoning heading south along Magnolia and will extend the commercial zoning district from Martin Luther King Parkway south to Concord Road. The southern side of Maple Street, beginning at 1075 Maple Street through to 1355 Maple Street, including the 2000 Blocks of Linson Street, Forrest Street, and Cable Avenue to end at Isla Street be rezoned to RCR (Residential Conservation Revitalization) zoning district. This will allow for both residential developments, and some commercial development with an approved Specific Use Permit, The lots known as 2036 Linson and 1260 Isla, are recommended to be rezoned to GC-MD-2 (General Commercial - Multiple Family Dwelling-2) zoning district as this plot of land is an established truck lot. Staff recognizes the existence of the use and its proximity to neighboring residences. The GC-MD-2 (General Commercial — Multiple Family Dwelling-2) Minutes -- September 3, 2024 zoning district will allow the truck lot to be conforming and ensure necessary protection to neighboring residences should expansion occur. The southern side of Isla, starting at 1065 Isla Street to 1175 Isla Street, through to St Charles, and 200' south from where Isla Street intersects Cable Avenue is proposed to be rezoned from LI (Light Industrial) to NC (Neighborhood Commercial) zoning district to allow for smaller neighborhood type uses, such as a corner store, beauty salon, etc. The remaining portions, along Isla, Linson, Forrest, St Charles and Cable, are proposed to be rezoned from LI (Light Industrial) to RCR (Residential Conservation Revitalization) zoning district allowing for residential development and some commercial development with an approved Specific Use Permit. At a Joint Public Hearing held on August 19, 2024, the Planning Commission recommended 5:0 to approve the request for a Rezoning Study of Isla Street and the surrounding area bordered by Oakland Street, Magnolia Avenue, Maple Street and IH 10 Eastbound feeder road. Approval of the ordinance. Mayor Pro Tern Neild moved t0 ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED LI (LIGHT INDUSTRIAL) ZONING DISTRICT TO RCR (RESIDENTIAL CONSERVATION REVITALIZATION), GC -MD (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING), GC-MD-2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING-2), AND NC (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT FOR PROPERTIES LOCATED AT ISLA STREET AND THE SURROUNDING AREA BORDERED BY OAKLAND STREET, MAGNOLIA AVENUE, MAPLE STREET, AND H-10 EASTBOUND FEEDER ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-062 PUBLIC HEARING 4. Council Conduct a Public Hearing to Receive Comments Regarding the City's Reinvestment Zone Tax Abatement Policy for the City of Beaumont Public Hearing Open: 3:19 p.m. None Public Hearing Close: 3:19 p.m. [Minutes — September 3, 2024 REGULAR AGENDA 16. Council to consider a resolution adopting the Reinvestment Zone Tax Abatement Policy for the City of Beaumont. The City of Beaumont utilizes a variety of economic development tools to encourage development of a certain type, scale Or location within the city and within its exterritorial jurisdiction. Each project is evaluated on a case -by -case basis. One such tool is a Reinvestment Zone Tax Abatement Policy as allowed under Chapter 312 of the Texas Tax Code. In order to offer such abatements under Chapter 312, the City must periodically re- adopt its abatement policy. The Reinvestment Zone Tax Abatement Policy remains unchanged from the last adoption in 2022. A public hearing is required by the State Legislature for policy re -adoption. Staff have added provisions to encourage local employment and procurement, quarterly reporting and assessment of an application or transfer fee. The proposed policy is attached to this item. Approve the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBYADOPTS THE CITY OF BEAUMONT'S ZONE' TAX ABATEMENT POLICY. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-223 WORK SESSION 4. Council to discuss the Proposed Vacant Building Registry Ordinance 17. Council to consider an ordinance to adopt Article 24.09 Vacant Building Registry into the City of Beaumont's Code of Ordinances. The Planning and Community Development Department proposes an ordinance to add necessary regulation to vacant structures within the Central Business District of Beaumont. Vacant structures are often related to public health and safety issues, which often require increased city resources to enforce, regulate, and mitigate to ensure the overall well-being of the public, such as, blight mitigation, response to disasters, calls for service, etc. Additionally, they can impede redevelopment, harbor criminal activity, promote trespassing, detract from quality of life and so on. The proposed ordinance contains elements requiring a floor plan for first responders to reference during a catastrophic event or response to calls for service, and designation of a property manager for any owner who does not reside within the city limits of Beaumont. Minutes — September 3, 2024 To breathe new life into the downtown area, staff researched the possibility of an ordinance that could encourage property owners to make much needed repairs to their buildings. In doing so, the goal of the registry is to encourage the establishment of new businesses and create vibrancy in the downtown area by encouraging owners to take responsibility for their vacant properties. The intent is that the prospective business owners will find suitable locations in which to establish or expand their business and feel confident to invest in downtown Beaumont and improve public safety as well as safety for our first responders. Approval of the ordinance. Councilmember Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE, TO ADOPT ARTICLE 24.09 VACANT BUILDING REGISTRY INTO THE CITY OF BEAUMONT'S CODE OF ORDINANCES, TO MAKE CHANGES; PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL; AND PROVIDING A PENALTY, Councilmember Samuel seconded the motion. After discussion Councilmember Getz moved to amend the ORDINANCE ADDING A BURGLAR AND FIRE ALARM SYSTEM AS PART OF THE MINIMUM REQUIREMENT. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: MAYOR PRO TEM NEILD MOTION PASSED ORDINANCE 24-053 COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City of Beaumont website at beau monttexas.gov) EXECUTIVE SESSION -- Cancelled Section 551.087 Deliberation Regarding Economic Development Negotiations, to wit: ■ Beaumont Professional Firefighters Local 399 Negotiation Grievance Open Seson of th 7ing adjourned at 4:36 p.m. /�.11 RoSi West, Mayor Tina Broussard, City Clerk a0MOAti 01 C Minutes — September 3, 2024