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HomeMy WebLinkAboutOCT 15 2024 MIN1 MINUTES OF THE BEAUMONT CITY COUNCIL MEETING Albert "A.J." Turner, At -Large ROY WEST, MAYOR Randy Feldschau, At -Large Taylor Neild, Mayor Pro Tern CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III OCTOBER 15, 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 October 15, 2024, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m., to consider the following: Invocation Pledge of Allegiance Roll Call Proclamations, Presentation and Recognition Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-12. (or any other topic). Items 13-15 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. Reverend Dan Tatum, Chaplain, Christus St. Elizabeth Hospital 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, Feldschau and Samuel. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition "National White Cane Safety Awareness Day" — October 15, 2024 — Accepting; Kenneth Semien, Sr., President of the Beaumont Area Council of the Blind, Inc. "National Global Peer Support Celebration Day" — October 15, 2024 — Accepting; Tina Simpson, Spindletop Center Director of Peer Services "International Infection Prevention Week" -- October 13-19, 2024 — Accepting; Karie Singleton, Infection Prevention Lead, Rachael Henley, Infection Preventionist, Lauren Jacoby, MD, Chief Medical Officer, Crystal Goode, Chief Nursing Officer, Mary Goodwin, Quality Director, Lisa Johnson, Regional Quality Director, Hollie English, Public Relations Mayor West read the announcement regarding Executive Session being held after the conclusion of Councilmember Comments. Minutes — October 15, 2024 Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1- 12. (or any other topic). Items 13-16 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) Albert Harrison 1240 Ashley Beaumont TX William Johnson 1045 Madison Ave. Beaumont TX Mario Godoy 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 October 1, 2024, City Council meeting minutes. B. Council to consider approving the corrected minutes from the September 17, 2024, City Council meeting. C. Council to consider approving a resolution approving an annual maintenance agreement for a third -party cybersecurity monitoring service — Resolution 24-245 D. Council to consider approving a resolution approving the renewal of an annual maintenance agreement for with Bentek, Inc. of Palm Beach Gardens, FL. for use in all City departments — Resolution 24-246 E. Council to consider approving a resolution authorizing the City Manager to sign a Landscape Maintenance Agreement with TxDOT — Resolution 24-247 F. Council to consider approving a resolution for a service agreement for special water/sewer rates with Jefferson County — Resolution 24-248 H. Council to consider approving an appointment to the Community Development Advisory Committee — Resolution 24-250 Council to consider approving a resolution authorizing the City Manager to execute all documents necessary to accept the project titled "Step Comprehensive Fiscal Year 2025 — Resolution 24-251 J. Council to consider a resolution approving the certified rebuild of a Mustang Cat Compactor used at the landfill — Resolution 24-252 K. Council to consider a resolution approving the purchase of equipment for use in two City Departments — Resolution 24-253 L. Council to consider a resolution to correct Resolution 24-244. — Resolution 24-244-A Councilmember Feldschau moved to approve the Consent Agenda excluding Item G. Mayor Pro Tern Neild seconded the motion. Minutes — October 16, 2024 AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED G. Council to consider approving a resolution for a service agreement for special water/sewer rates with the Dream Center of Southeast Texas. Mayor Pro Tem Neild moved to approve Item G on the Consent Agenda Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER AND SAMUEL NAYS: NONE ABSTAIN: COUNCILMEMBER FELDSCHAU MOTION PASSED Resolution 24-249 REGULAR AGENDA 1. Council to consider approving a resolution accepting the 2024 Certified Tax Roll (FY 2025). The Jefferson Central Appraisal District submitted the Certified Appraisal Roll on July 22, 2024, in the amount of $10,987,681,470. On September 17, 2024, the Council approved an ordinance to accept the appraised roll and establish the property tax rate for the tax year 2024 (FY 2025). As required by Section 26.09 of the Tax Code: The tax assessor for a taxing unit shall calculate the tax imposed on each property included on the appraisal roll for the unit and send a Certified Tax Roll to the unit t0 be approved by the Council. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ACCEPT THE 2024 CERTIFIED TAX ROLL (FY 2025) IN THE AMOUNT OF $10,987,681,470.00. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-254 Minutes — October 15, 2024 2. Council to consider a resolution to approve the purchase of chatbot software from Carahsoft Technology Corp, of Reston, VA, to be used by 311 and City Communications in order to improve communication with citizens. The proposed chatbot software is powered by Citibot, a communication platform that enhances government -citizen interaction through AI -driven web and text chat technologies. Citibot Communication Platform Features: Interactive Web Chat: A fully integrated assistant on the city's website allows citizens to submit service requests, ask questions, and find information 24/7. Interactive Text Chat: Citizens can use a dedicated phone number to interact with the system, with no app download required. The chatbot automates customer service and increases engagement. Additionally, Citibot will be integrated with the Cityworks CRM system, providing seamless communication and reporting for city staff. A real-time analytics dashboard will allow for tracking and analysis of citizen inquiries, helping the city respond more efficiently to public needs. Overall cost for three years is $74,845.00 • Year one: $31,300.00 (includes implementation cost) • Year two: $21,000.00 • Year three: $22,545.00 Pricing was obtained through OMNIA EDU, which offers cities and political subdivisions the ability to purchase information technology at volume -discounted rates, in accordance with procurement statutes established by the State of Texas. Funds will come from the General Fund. Approval of the resolution. Councilmember Turner moved to APPROVE A RESOLUTION THATTHE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE PURCHASE OF CHATBOT SOFTWARE FROM CARAHSOFT TECHNOLOGY CORP., OF RESTON, VIRGINIA, IN THE AMOUNT OF $74,845.00, TO BE USED BY 311 AND CITY COMMUNICATIONS IN ORDER TO IMPROVE COMMUNICATIONS WITH CITIZENS. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-255 Minutes -- October 15, 2024 3. Council to consider a resolution authorizing the City Manager to execute Change Order No. 5 to the contract with ALLCO, LLC, for the Street Rehabilitation Citywide -- Phase V (REBID) Project. On November 7, 2023, by Resolution No. 23-338, City Council awarded a contract to ALLCO, LLC, of Beaumont, in the amount of $6,847,514.00, for the Street Rehabilitation Citywide -- Phase V (REBID) Project. There were previous Change Orders Nos. 1-4, in the amount of $1,661,133.75. Proposed Change Order No. 5, in the amount of $108,974.28, is needed for the addition of a shoulder improvement and additional concrete repairs forthe rehabilitation ofthe Wastewater Treatment Plant Roadway. A total of thirty-five (35) 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 $8,617,622.03. Funds will come from the Water Utilities Fund. 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 $108,974.28, FOR THE ADDITION OF A SHOULDER IMPROVEMENT AND ADDITIONAL CONCRETE REPAIRS FOR THE REHABILITATION OF THE WASTEWATER TREATMENT PLANT ROADWAY, THEREBY MAKING THE NEW CONTRACT AMOUNT $8,617,622.03, AND THIRTY-FIVE (35) ADDITIONAL CALENDAR DAYS ARE ADDED TO THE CONTRACT. Councilmember Samuel seconded the motion. AYES; MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS; NONE MOTION PASSED RESOLUTION 24-256 4. Council to consider a resolution authorizing the City Manager to accept maintenance and authorize final payment to Vortex Companies for the repair of the 5-ft by 7-ft oval -shape storm line on Long Avenue. On July 11, 2023, by Resolution No. 23-184, the City Council awarded a contract to Vortex Companies, of Houston, in the amount of $3,932,804.26, for the repair of the 5-ft by 7-ft oval - shaped storm line on Long Avenue. There was a previous Change Order No. 1, in the amount of $44.00. Proposed Final Change Order No. 2, in the amount of ($16,537.50), is needed to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved, the adjustment in quantities would result in a final contract amount of $3,916,310.76, Minutes — October 16, 2024 The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Final Change Order No. 2, maintenance, and final payment in the amount of $259,769.79 is recommended. Funds will come from the Certificates of Obligation. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ACCEPT MAINTENANCE AND MAKE FINAL PAYMENT TO VORTEX COMPANIES, OF HOUSTON, TEXAS, IN THE AMOUNT OF $259,769.79 FOR THE REPAIR OF THE 5-FT BY 7-FT OVAL- SHAPED STORM LINE ON LONG AVE. Councilmember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS. NONE MOTION PASSED RESOLUTION 24-257 Council to consider a resolution authorizing the City Manager to award a contract to Texas Drainage, Inc., of Waller, TX for the Citywide Ditching Program Phase 2B. The Citywide Ditching Program Phase 213 consists of the excavation and removal of excess material of approximately 174,883 linear feet of existing roadside ditches. The program also provides for the replacement of 107 driveway culverts. The work for this phase is to take place in the designated areas of Wards 1 and 4. On September 12, 2024, four (4) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate is $1,511,618,80. The bid totals are indicated in the table below: Contractor Location Base Bid Amount Texas Drainage, Inc Waller, TX $1,275,513.21 Southern Utility Works, LLC Beaumont, TX $1,462,965.92 Eastex Utility Construction LLC Beaumont, TX $1,498,586.54 ALLCO, LLC Beaumont, TX $2,770,995.21 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Texas Drainage, Inc., in the amount of $1,275,513.21. A total of 200 calendar days are allocated for completion of the project. Funds will come from the Certificates of Obligation. Approval of the resolution. Minutes — October 15, 2024 Mayor Pro Tem Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO TEXAS DRAINAGE, INC., OF WALLER, TEXAS, IN THE AMOUNT OF $1,275,513.21 TO COMPLETE THE WORK AND MATERIALS FOR THE CITYWIDE DITCHING PROGRAM PHASE 213; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH TEXAS DRAINAGE, INC., OF WALLER, TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-258 6. Council to consider a resolution authorizing the City Manager to execute Final Change Order No. 6, accept maintenance, and authorize final payment to Gulf Coast, a CRH Company, for the 4th Street Roadway Rehabilitation Project. On January 24, 2023, by Resolution No. 23-031, 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. 1-5, in the amount of ($99,417.56). Proposed Final Change Order No. 6, in the amount of $39,715.04, is needed to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved, the adjustment in quantities would result in a final contract amount of $6,019,833.76. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Final Change Order No. 6, maintenance, and final payment in the amount of $450,918.32 is recommended. Funds will come from the Certificates of Obligation. Approval of the resolution. Councilmember Durlo moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 6, ACCEPT MAINTENANCE, AND MAKE FINAL PAYMENT TO GULF COAST, A CRH COMPANY, OF BEAUMONT, TEXAS, IN THE AMOUNT OF $450,918.32 FOR THE 4TH STREET ROADWAY REHABILITATION PROJECT. Mayor Pro Tern Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE Minutes —October 15, 2024 MOTION PASSED RESOLUTION 24-259 7. Council to consider a resolution authorizing the City Manager to accept maintenance and authorize final payment to Eastex Utility Construction, of Beaumont, for the Euclid Street and 11 th Street Storm Sewer Repair Project. On July 2, 2024, by Resolution No. 24-160, the City Council awarded a contract to Eastex Utility Construction, of Beaumont, in the amount of $79,904.00, for the Euclid Street and 11th Street Storm Sewer Repair Project. There was a previous Change Order No. 1, in the amount of $6,300.02. Proposed Final Change Order No. 2, in the amount of ($6,083.00), is needed to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved, the adjustment in quantities would result in a final contract amount of $80,12'1.02. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Final Change Order No. 2, maintenance, and final payment in the amount of $38,891.02 is recommended. Funds will come from the Certificates of Obligation. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ACCEPT MAINTENANCE AND MAKE FINAL PAYMENT TO EASTEX UTILITY CONSTRUCTION, OF BEAUMONT, TEXAS, IN THE AMOUNT OF $38,891.02 FOR THE EUCLID STREET AND 11 rH STREET STORM SEWER REPAIR PROJECT. Councilmember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS ❑URIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24w260 8. Council to consider a resolution to approve the renewal of the annual maintenance agreement for the financial software package used across all departments. This purchase is exempt from competitive bidding as the software is available exclusively from a single source with exclusive modification and maintenance rights. The software maintenance agreement includes unlimited phone support and up to three yearly software updates. The annual cost for this maintenance is $116,177.12, covering the period starting November 1, 2024. The agreement applies to the following applications: Minutes — October 15, 2024 Finance • Cash Receipts • Asset Management • Accounting • Loans • Accounts Receivable • Purchasing • Water Billing Funds will come from General Fund -- Information Technology and Water Fund. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE RENEWAL OF THE ANNUAL MAINTENANCE AGREEMENT FOR THE FINANCIAL SOFTWARE PACKAGE USED ACROSS ALL DEPARTMENTS IN THE AMOUNT OF $116,177.12. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-261 9. Council to consider a resolution adopting a Communication Plan for contract negotiations with the Fire Union. On Tuesday, October 8, 2024, negotiations teams for the City and the Fire Union met to begin contract negotiations. Ground Rules were adopted to assist in fostering transparent and productive negotiation sessions. The parties also adopted a Communication Plan, which details how the Union will engage with the Council during contract negotiations. The council is being asked to adopt the Communication Plan to acknowledge and agree with the terms as outlined therein. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL ADOPT A COMMUNICATION PLAN WITH THE FIRE UNION FOR CONTRACT NEGOTIATIONS. Councilmember Getz seconded the motion. AYES: MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: MAYOR PRO TEM NEILD MOTION PASSED Minutes — October 15, 2024 RESOLUTION 24-262 10. Council to consider a resolution creating and appointing members to an Audit Committee, The City of Beaumont has operated under an informal Audit Committee that would be briefed on the City's annual financial audit report prior to the audit report being submitted to the City Council each year, as required by the City Charter. This informal Audit Committee consisted of the Mayor and one Councilmember. The Government Finance Officers Association (GFOA) establishes best practices for state and local governments. One of the GFOA's best practices is that the governing body of every state and local government should establish an audit committee or its equivalent. Because an annual financial audit of the City's finances is required by the city charter and state law, and because an annual audit is an important tool to ensure transparency and maintain the public's trust that the City's resources are being used effectively and efficiently, the City's Administration wishes to create a formal Audit Committee with duties that extend beyond the prior role of such committee. An Audit Committee made up of no less than three (3) members of the City Council is being recommended. The Audit Committee's members would serve a term of two years, with no limit on reappointment. To ensure continuity within the audit committee, the appointment of members should be staggered, expiring on 10/15/2025, 10/15/2026, and 10/15/2027, with the initial three appointments. The Audit Committee's duties would include the following: Responsible for appointment, compensation and oversight of the work of any independent auditor retained by the City for the purpose of preparing or issuing an independent audit report or performing other audit or review services. 2. Recommend the establishment of procedures for the engagement of the independent auditor to provide permitted audit services. The City's independent auditors shall be prohibited from providing non -audit services unless they have received previous written approval from the Audit Committee. (2a) non -audit services include tasks that directly support the City's operations, such as bookkeeping or other services related to the accounting records or financial statements of the City, financial information systems design and implementation, appraisal or valuation services, actuarial services, investment banking services, and other tasks that may involve performing management functions or making management decisions. 3. Review and recommend approval of the City's audited financial statements, associated management letter, report on internal controls and all other auditor communications. 4. Review significant accounting and reporting issues, including complex or unusual transactions and management decisions, and recent professional and regulatory pronouncements, and understand their impact on the financial statements, 5. Meet with the independent audit firm as needed to discuss any significant issues that may have surfaced during the course of the audit. Minutes — October 15, 2€124 6. Review and discuss any significant risks reported in the independent audit findings and recommendations and assess the responsiveness and timeliness of management's follow-up activities pertaining to the same. 7. Review management's assessment of the effectiveness of the City's internal controls and review the report on internal controls by the independent auditor as a part of the financial audit engagement. 8. Review and approve an appropriate confidential mechanism for the city that allows individuals an opportunity to report suspected fraudulent activities, allegations of corruption, fraud, criminal activity, conflicts of interest or abuse by the directors, officers, or employees of the city or any persons having business dealings with the city or breaches of internal control. 9. Review all reports delivered to it by staff regarding reports received through the confidential mechanism and resolutions thereof. Ideally, all members of the Audit Committee should possess or obtain a basic understanding of governmental financial reporting and auditing, although this is not a requirement to serve on the committee. The Audit Committee will meet with the City's independent auditor twice a year, at a minimum. These meetings can be prior to the start of the City's annual audit process, at the end of the audit process, or at any other time that the Audit Committee chooses to meet. Staff will be available to provide assistance to the Audit Committee and will be available during any meetings with the City's independent auditors. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE CREATION OF AN AUDIT COMMITTEE, AND THE APPOINTMENT OF THE FOLLOWING INDIVIDUALS; TAYLOR NEILD, TERM BEGINS OCTOBER 15, 2024, AND EXPIRES OCTOBER 15, 2025, MIKE GETZ, TERM BEGINS OCTOBER 15, 2024, AND EXPIRES OCTOBER 15, 2026, ALBERT TURNER, TERM BEGINS OCTOBER 15, 2024, AND EXPIRES OCTOBER 15, 2027. Mayor Pro Tem Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-263 11. Council to consider an ordinance authorizing acceptance of the proposed settlement of the Texas Gas Service Company 2024 rate increase. Texas Service Company, a division of ONE Gas Inc.'s (TGS) statement of intent to increase rates in its Central -Gulf Service Area is still pending at the Railroad Commission. The city previously passed an ordinance denying the proposed rate increase and joined the Railroad Minutes — October 15, 2024 Commission proceedings. The parties in the Railroad Commission proceedings have finalized a settlement agreement. Key components Of the proposed settlement include: • A revenue requirement increases of $19.3 million, which is approximately 25% lower than TLS's requested revenue requirement increase of $25.6 million. A 9.7% return on equity rather than its requested 10.25% return on equity. • Revenue allocation such that no customer class will receive a rate decrease while other classes receive a rate increase. This will lower the impact of the rate increase on residential customers when the new rates are implemented. • Significantly lower monthly customer charges than what TGS initially proposed. The customer charge is the flat fee that customers pay each month regardless of usage, so lower customer charges benefit customers pay each month regardless of usage, so lower customer charges benefit customers with lower volume consumption. The reasonable expenses associated with rate cases are reimbursable by the company. Approval of the ordinance. Mayor Pro Tern Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE BY THE CITY OF BEAUMONT, TEXAS, AUTHORIZING THE SETTLEMENT OF TEXAS GAS SERVICE COMPANY, A DIVISION OF ONE GAS, INC.'S STATEMENT OF INTENT TO INCREASE RATES WITHIN THE CENTRAL -GULF SERVICE AREA, FILED ON JUNE 3. 2024; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-060 12, Council to consider an ordinance requesting to extend the deadline to allow an ambulatory surgery center at 6510 Folsom Drive, as approved in September of 2021. Occu-Health Surgery Center is requesting a second extension for the Specific Use Permit issued in September of 2021, to allow an ambulatory surgery center on property located at 6510 Folsom Drive. The City Of Beaumont Zoning Ordinances, Section 28.04.001(g) Specific Use Permits states, "Extensions of time for good cause may be approved by the city council." The City Council originally approved Ordinance No. 21-064 for a Specific Use Permit to allow an ambulatory surgery center with the following condition: Minutes — October 15, 2024 All building and fire codes related to the use must be met. The first extension of time was granted by the City Council in Ordinance No. 23-075. This was to allow the applicant more time to obtain design documents and funding. The applicant stated that construction costs and rates have come down and the company is able to move forward with the project. They anticipate the project to begin by the end of this year. The administration recommends a new deadline of October 15, 2025, with the following condition: All building and fire codes related to the use must be met. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW AN AMBULATORY SURGERY CENTER IN A GC-MD-2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 6510 FOLSOM DRIVE, WITH THE CONDITION, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Durio seconded the motion. AYES; MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-061 13. Council to consider a request for a Specific Use Permit to allow a halfway house within the RM-H (Residential Multiple Family -High Density) District for property located at 2225 Wilson Street. Jerica Landry is requesting approval of a Specific Use Permit to allow a halfway house located at 2225 Wilson Street. She intends to provide housing to independent adults offering services and activities to their clients. The State has required Ms. Landry to receive approval from the City to allow a halfway house at 2225 Wilson Street. Our ordinances requires a halfway house to obtain a Specific Use Permit. It should be noted that halfway homes require careful consideration Of their location and surrounding land uses. Some of these considerations include compatibility with other land uses, noise, and traffic as well as safety considerations. As such, proximity to parks, schools and residential uses should be carefully considered in review of halfway homes. This property is located within six (6) blocks, approximately 2,500 feet, of the Jones -Clark Elementary School, it is within an existing residential neighborhood and in close proximity to several existing churches. At a Joint Public Hearing held on October 4, 2024, the Planning Commission recommended 5:0 to deny the request for a Specific Use Permit to allow a halfway house within the RM-H (Residential Multiple Family -High Density) District for property located at 2225 Wilson Street. Minutes — October 15, 2024 Denial of the ordinance. Councilmember Samuel moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE. GRANTING A SPECIFIC USE PERMIT TO ALLOW A HALFWAY HOUSE IN A RM-H (RESIDENTIAL MULTIPLE FAMILY -HIGH DENSITY) DISTRICT FOR PROPERTY LOCATED AT 2225 WILSON STREET, 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 DENIED 14. Council to consider a request for a Specific Use Permit to allow a warehousing and storage facility within the GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 2710 Gulf Street. Michael Leduc is requesting approval of a Specific Use Permit to allow a warehousing and storage facility at 2710 Gulf Street. This property previously operated as a furniture and home accessories store but has been vacant for a number of years. The applicant intends to store supplies and materials to maintain rental real estate properties. A warehousing and storage facility would be compatible and consistent with existing land uses in the immediate vicinity of this property. At a Joint Public Hearing held on October 4, 2024, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow a warehousing and storage facility within the GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 2710 Gulf Street, 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 east and southeast. Approval of the ordinance, 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 pretreatment and/or FOG program. 2. Any construction plans shall comply with all applicable Fire and Building Codes. Minutes — October 15, 2024 3. Any installed lighting shall be diverted from residential uses to the east and southeast. Mayor Pro Tern Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A WAREHOUSING AND STORAGE FACILITY WITHIN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2710 GULF STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-062 15. Council to consider a request fora Rezoning from an RM-H (Residential Multiple Family -High Density) District to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District for properties located at 6145-6175 Phelan Boulevard. Gerald Farha is requesting approval of a Rezoning from RM-H (Residential Multiple Family? High Density) District to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District, to the properties located west of 6130 Calder Avenue. The purpose of the rezoning is to allow for commercial development. According to the Comprehensive Plan the property is located within a "Community Center Such areas may include "hospitals, branch libraries, governmental agencies, major office complexes, regional shopping centers and high -density residential development." The proposed Rezoning appears to be in accordance with the Comprehensive plan as it would foster the continued growth of the "Community Center". Additionally, the property fronts an arterial road, which typically encourages high density commercial uses. At a Joint Public Hearing held on October 4, 2024, the Planning Commission recommended 5:0 to approve the request for a Rezoning from an RM-H (Residential Multiple Family -High Density) District to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District for properties located at 6145-6175 Phelan Boulevard. Approval of the ordinance. Councilmember Getz 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, TEXAS, BY CHANGING THE :ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY -HIGH DENSITY) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING- 2) DISTRICT FOR PROPERTIES LOCATED AT 6145-6175 PHELAN BOULEVARD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Durio seconded the motion. Minutes -- October 15, 2024 AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-063 16. 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 for a retail shop, events venue, administrative office and art studio for property located at 2398 Laurel Street. Meghan Cobb is seeking a Rezoning from RCR-H (Residential Conservation Revitalization Historic District) to RCR (Residential Conservation Revitalization) District and Specific Use Permit to allow for "Taluka Trades" a retail shop, events venue, administrative office and art studio structure at 2398 Laurel Street. The use of the site as an ark studio, retail shop, and administrative office seems appropriate for the area as there are several existing similar low impacts uses within the area. These types of businesses do not often attract large crowds at once, making on --street parking manageable. Adaptive re -use should be encouraged within older neighborhoods to foster revitalization and stabilization by preventing vacancies. The use of the structure as an event venue causes a large concern with parking availability. The existing concrete pad and driveway shown on the site plan do not meet City parking standards; therefore, there is no 'off-street" parking available to this site. This creates the possibility of blocking neighboring driveways, creating sight obstructions and the nearby intersections. At a Joint Public Hearing held on October 4, 2024, the Planning Commission recommended 5:0 to deny the request for a Specific Use Permit of an events venue; and The Planning Commission recommended 5:0 to approve the request for a Rezoning from an RCR-H (Residential Conservation Revitalization -Historic) District to RCR (Residential Conservation Revitalization) District and a Specific Use Permit to allow for a retail shop, administrative office and art studio for property located at 2398 Laurel Street. Approval of the ordinance for a Rezoning from an RCR-H (Residential Conservation Revitalization -Historic) District to RCR (Residential Conservation Revitalization) District and a Specific Use Permit to allow for a retail shop, administrative office and ark studio for property located at 2398 Laurel Street: and, Denial of the ordinance for a Specific Use Permit of an events venue for property located at 2398 Laurel Street. 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 Minutes — October 15, 2024 CONSERVATION REVITALIZATION -HISTORIC) DISTRICT TO RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 2398 LAUREL STREET, BEAUMONT, JEFFERSON, COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-064 Councilmember Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A RETAIL SWOP, ADMINISTRATIVE OFFICE, AND ART STUDIO WITHIN AN RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 2398 LAUREL STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Feldschau seconded the motion. After discussion Councilmember Durio amended his motion to approve the SUP excluding the Event Venue with the conditions. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNC[LMEMBERS DUR[O, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-065 COUNCIL.MEMBER COMMENTS (Councilmember comments can be heard or seen atthe City of Beaumont websiite at beaumonttexas.gov) EXECUTIVE SESSION To Discuss and or Deliberate Economic Development Negotiations in Accordance with Section 551.087 of the Government Code to wit; specifically: ff "Project Riverfront" Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Cade: Caleb Fenter v. City of Beaumont and Chris S. Boone: Cause No. B-210244 ■ James Mathews vs.... City of Beaumont, Texas; Cause No. A-192,887 Minutes — October 15, 2024 Open Sessi t of the meeting adjourned at 3:51 p.m. Roy1west, ina Broussard, City Clerk Minutes — October 15, 2024 ABSTENTION AFFIDAVIT THE STATE OF TEXAS § COUNTY OF JEFFERSON § I,FCJSc� , as a member of the,r (City Council, Commission, or Board) mak6 this affidavit and hereby on oath state the following: 1, and/or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the (City Council, Commission, or Board) as those terms are defined in V,T.C.A., Local Government Code, § 171.002. The business entity is: rix) �C'Jer-- �SC—L . ` 'eryl o v V1te colt i " (Name) to vit} FLU (Address) (" I," or name of relative and relationship) havelhas a substantial interest in this business entity for the following reasons: (check all of which are applicable.) Ownership of 10 percent or more of the voting stock or shares of the business entity. Ownership of either 10 percent or more or $15,000 or more of the fair market value of the business entity. Funds received from the, business entity exceed 10 percent of (my, her, his) gross income for the previous year. Real property is involved, and (I,.he, she) have an interest which is an equitable or legal ownership with a fair market value of at least $2,500, A relative of mine, within the first or second degree by blood or marriage, has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Clerk, l affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this the day of _) � , 20 Signature of O icial �o L r Title _. BEFORE ME, the undersigned authority, on this day personally appeared a and on oath stated that the facts hereinabove stated are true to the best of his/her kna ledge or belief.