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HomeMy WebLinkAboutDEC 17 2024 MINBEAUMONT T 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 Tern CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III DECEMBER 17, 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 December 17, 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 -12 & 16. (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. Pastor Andrew Wilson with Revival Culture 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 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 None Mayor West read the announcement regarding Executive Session being held after the conclusion of Councilmember Comments. Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-12 & 16 (or any other topic). Items 13-15 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) Jerome Alexander 1118 Evalon St. Beaumont TX Albert Harrison 1240 Ashley Beaumont TX Minutes — December 17, 2024 Charlie Crabbe 928 East Dr. Beaumont TX Sheridan Jefferson 4785 Lufkin Beaumont TX Carlton Sharp 5150 Plant Rd. Beaumont TX Rev. Airon Reynolds Jr. 6945 Salida Ln. Beaumont TX Vernon Durden 11436 Westbury Rd. 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 December 3, 2024, City Council meeting minutes. B. Council to consider a resolution authorizing the settlement of Khalid Mahmood v. City of Beaumont, Cause No. E-198,371 — Resolution 24-324 C. Council to consider a resolution approving the engine assembly replacement on a Gradall XL31001V Excavator for use by the Streets Department — Resolution 24-325 D. Council to consider a resolution approving the engine replacement on a Mustang Cat 725 Dump Truck used at the landfill — Resolution 24-326 E. Council to consider a resolution approving the purchase of ammunition for the Police Department — Resolution 24-327 F. Council to consider a resolution approving the purchase of tire cutting machine for use at the Landfill — Resolution 24-328 G. Council to consider a resolution authorizing the City Manager or his designee to apply and receive funding in an amount up to $981,000.00 through the Department of Homeland Security's Assistance to Firefighters Grant Program (AFG) — Resolution 24-329 H. Council to consider authorizing the City Manager to amend Section 9 of the Neighborhood Empowerment Zone Agreements between the City of Beaumont and Diamond Homes LLC, KCG Prado Place LP, and T.W. Calder LLC to provide economic development incentives — Resolution 24-330 Councilmember Samuel moved to approve the Consent Agenda. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED Minutes — December 17, 2024 REGULAR AGENDA Council to consider a resolution correcting wording in Resolution 24-311. On December 3, 2024, the Council approved cost of living increases and additional compensation for the City Manager, City Attorney, City Clerk, and the Chief Magistrate with the adoption of Resolution 24-311. The resolution paragraphs that address compensation for the City Manager and City Attorney are confusing. The resolution is being amended to reflect and align with the appointment resolutions of the City Attorney (Resolution 21-339) and the City Manager (Resolution 22-190). Approval of the resolution. Councilmember Getz moved to table the item until after Council has had an opportunity to discuss this in Executive Session which is towards the end of the meeting. Mayor Pro Tern Neild seconded the motion. After further discussion it was decided that Council would recess into Executive Session to discuss item #1 which falls under the item that was already posted for Executive Session. Council recessed into Executive Session at 2:00 p.m. EXECUTIVE SESSION On a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter in accordance with Section 551.071 of the Government Code: Opinion of the City Attorney regarding compensation. Council reconvened into Regular Session at 2:43 p.m. All Councilmembers were present. Council to consider a resolution correcting wording in Resolution 24-311. On December 3, 2024, the Council approved cost of living increases and additional compensation for the City Manager, City Attorney, City Clerk, and the Chief Magistrate with the adoption of Resolution 24-311. The resolution paragraphs that address compensation for the City Manager and City Attorney are confusing. The resolution is being amended to reflect and align with the appointment resolutions of the City Attorney (Resolution 21-339) and the City Manager (Resolution 22-190). Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE FOREGOING COMPENSATION, ALL OTHER COMPENSATION, ALLOWANCES, BENEFITS, TERMS AND CONDITIONS OF EMPLOYMENT WITH THE CITY OF BEAUMONT SHALL BE PURSUANT TO THE CITY POLICY AND THE CHARTER OF THE CITY OF BEAUMONT, AS WITH OTHER CIVILIAN EMPLOYEES, THIS RESOLUTION SHALL BE EFFECTIVE OCTOBER 1, 2024. Councilmember Durio seconded the motion. Minutes — December 17, 2024 AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-311-A 2. Council to consider authorizing the Beaumont Convention and Visitors Bureau to apply for the Tourism Friendly Texas program through the Office of the Governor to earn the Tourism Friendly designation for the city. The Tourism Friendly Texas Certified Community program is a new designation created to encourage communities across Texas to pursue tourism as an economic development strategy and provide resources to support those efforts. The Beaumont Convention Visitors Bureau would like to apply for this designation to achieve the program goals: strengthen relationships with existing community partners, educate local leaders on the importance of tourism as a tool for economic development and job creation, encourage participation in state government programs available for tourism development, assist small or rural communities with limited tourism resources. Approval of the resolution. Councilmember Durio moved t0 APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO GRANT THE BEAUMONT CONVENTION AND VISITORS BUREAU TO APPLY FOR THE TOURISM FRIENDLY TEXAS PROGRAM THROUGH THE OFFICE OF THE GOVERNOR TO EARN THE TOURISM FRIENDLY DESIGNATION FOR THE CITY OF BEAUMONT. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-331 3. Council to consider a resolution accepting maintenance of the street, storm sewer, water, and sanitary sewer improvements in Windemere Subdivision, Section Five. Windcastle Development, Inc., extended Windmeadow Drive approximately 785 linear feet east and south from existing Windcrest Drive to existing Windcastle Steet. Recommended for acceptance are the right-of-way improvements only, including pavement, storm sewer, water, and sanitary sewer infrastructure for Windemere Subdivision, Section Five. The improvements passed a final inspection by all stakeholder entities on December 2, 2024. Minutes — December 17, 2024 Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE STREET, STORM SEWER, WATER AND SANITARY SEWER IMPROVEMENTS IN WINDEMERE SUBDIVISION, SECTION 5, RIGHT-OF- WAY ONLY, WITH THE EXCEPTION OF STREETLIGHTS, ARE HEREBY ACCEPTED BY THE CITY OF BEAUMONT AND SHALL BE CONTINUOUSLY MAINTAINED BY THE CITY CONTINGENT UPON FILING OF THE FINAL PLAT, COMPLETE WITH FILINGS OF DEDICATION OF ALL RIGHTS -OF -WAY AND EASEMENTS REQUIRED ON THE PRELIMINARY AND FINAL PLATS AND INSTALLATION OF THE STREETLIGHTS. Councilmember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-332 4. Council to consider a resolution authorizing the City Manager to execute related documents to acquire property located at 1550 Pine and 727-735 Catalpa Street. The City of Beaumont is seeking to purchase a property from the Church of the Living God in the amount of $37,000 to improve sludge removal at the Beaumont Surface Water Treatment Plant located at 1550 Pine. The property is identified as being a 0.4514-acre tract of land situated in the James Drake Survey, Abstract No. 18, in the City of Beaumont, Jefferson County, Texas located at 1599 Pine Street and 727-735 Catalpa Street. The property was appraised by Cooks & Associates, Inc. with a value of $37,000. The date of closing will be on or after January 2, 2025. The funding will come from the CIP Water System Improvements. Approval of the resolution. Councilmember Samuel moved t0 APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE ALL RELATED DOCUMENTS TO PURCHASE PROPERTY LOCATED AT 1599 PINE STREET AND 727-735 CATALPA STREET CHURCH OF THE LIVING GOD IN THE AMOUNT OF $37,000.00 TO IMPROVE SLUDGE REMOVAL AT THE BEAUMONT SURFACE WATER TREATMENT PLANT LOCATED AT 1550 PINE STREET. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED Minutes — December 17, 2024 RESOLUTION 24-333 5. Council to consider a resolution authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, for the Cattail Marsh Levee Emergency Repair Project. The City of Beaumont Public Works was notified by staff at the Cattail Marsh Wetlands that a section of the levee between Cell 1 and Hillebrandt Bayou is failing and requires emergency repairs. Due to the proximity of the Cattail Marsh Wetlands Cell 1 to Hillebrandt Bayou and the risk of a complete failure of the levee resulting in large amounts of wastewater spilling into Hillebrandt Bayou, Public Works/Engineering and Water Utilities have determined that the repair of this levee must be performed on an emergency basis. On December 3, 2024, the City obtained a time and materials proposal not to exceed the amount of $128,771.00 from Brystar Contracting, Inc., to make the repairs to the levee and exterior side slope. Funds will come from the Water Utilities General Fund. 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 BRYSTAR CONTRACTING, INC., OF BEAUMONT, TEXAS, FOR THE CATTAIL MARSH LEVEE EMERGENCY REPAIR PROJECT, IN AN AMOUNT NOT TO EXCEED $128,771.00. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-334 6. Council to consider a resolution authorizing the City Manager to execute Change Order No. 11 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, 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. There were previous change orders 1-10 in the amount of $1,570,422.46. There was a previous change order No. 11 in the amount of ($77,297.10), that is required for the following modifications to the contract: Minutes — December 17, 2024 • Supply and installation of approximately 150 feet of 4-inch raw water line from the Collier's Pump Station to the existing raw water line that supplies irrigation water to the Beaumont Country Club. • Supply and installation of four flange spacers to resolve conflict between the butterfly valves and gate valves on each of the four pipes at the pump station header. • Upsizing of the existing and proposed sections of 24" storm culvert under the new access road and Pine St. to a 3' x 2' box culvert, for increased capacity and more efficient handling of large storm events. • Removal of three trees in close proximity to the new infrastructure; and • Revision of the roadway structure specifications to match that of the 48-inch Pine St. Raw Water Line project: These changes will result in an overall credit to the project and will add an additional 60 calendar days to the contract time. If approved, Change Order No. 11 would result in a new contract amount of $26,581,384.36. Funds will come from 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 ACCEPT CHANGE ORDER NO. 11, IN THE AMOUNT OF ($77,297.10), FOR THE CONTRACT AWARDED TO ALLCO, LLC., OF BEAUMONT, TEXAS, THEREBY MAKING THE NEW CONTRACT AMOUNT $26,581,384.46, FOR THE COLLIER'S FERRY PUMP STATION PROJECT; AND THAT SIXTY (60) 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 24-335 7. Council to consider a resolution authorizing the City Manager to execute Change Order No. 8, accept maintenance, and authorize final payment to Pro -Pipe, Inc., of Irvine, California for the Sewer Evaluation Work Order Contract — Phase IV. On December 14, 2021, by Resolution No. 21-336, City Council awarded a contract to Pro - Pipe, Inc., of Irvine, California, for the Sewer Evaluation Work Order Contract — Phase IV Project in the amount of $370,000.00. There were previous Change Order Nos. 1-7 in the amount of $47,239.48. Proposed Change Order No. 8, in the amount of ($160,825.45), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project and to add an additional 147 calendar days to reflect the actual time used in the completion of the project. If approved, the final contract amount will be $256,414.03. Minutes — December 17, 2024 The project has been inspected by Water Utilities Staff and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of Change Order No. 8, maintenance, and final payment in the amount of $12,820.70 is recommended. Funds will come from the American Rescue Fund. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ACCEPT CHANGE ORDER NO. 8, ACCEPT MAINTENANCE, AND MAKE FINAL PAYMENT TO PRO -PIPE, INC., OF IRVINE, CALIFORNIA, IN THE AMOUNT OF $12,820.70, FOR THE SEWER EVALUATION WORK ORDER CONTRACT — PHASE IV PROJECT; AND, THAT ONE HUNDRED AND FORTY-SEVEN (147) ADDITIONAL CALENDAR DAYS ARE ADDED TO THE CONTRACT. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-336 8. Council to consider a resolution authorizing an agreement to apply for available Federal tax credits for the Municipal Transit use of.CNG fuel. TransTax Advisors of Savannah, Georgia provides a service to apply on behalf of the city for available tax credits offered by the IRS under the Inflation Reduction Act. The Act offers a tax incentive available up to $.50 per gallon for alternative fuels, including CNG, that is utilized by the City's transit buses. It is estimated that the city may receive approximately $300,000 if approved for the years 2021-2024. TransTax Advisors will be paid 25% of any rebate City is approved for. If the rebates are denied, then there will be no fees charged to the city for the service. The vendor is being utilized as a Professional Service provider. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BEAUMONT, AND TRANSTAX ADVISORS, OF SAVANNAH, GEORGIA, TO APPLY FOR AVAILABLE FEDERAL TAX CREDITS FOR THE MUNICIPAL TRANSIT USE OF CNG FUEL IN AN AMOUNT UP TO $300,000.00. Mayor Pro Tem Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE Minutes - December 17, 2024 MOTION PASSED RESOLUTION 24-337 9. Council to consider a resolution authorizing the City Manager to execute related documents to acquire property known as Steve Drive. The City of Beaumont is seeking to purchase a tract of land owned by Minnie Palumbo Zummo and Anthony Zummo in the amount of $21,000. The purpose of this purchase is to transfer the private street into a public right-of-way and improve the roadway. The property is identified as being a 0.4553-acre tract of land situated in the A. Williams Survey, Abstract No. 385, in the City of Beaumont, Jefferson County, Texas known as Steve Drive. The property was appraised by Cooks & Associates, Inc. with a value of $21,000. The date of closing will be on or after January 2, 2025. Funds will come from the General Fund. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE ALL RELATED DOCUMENTS TO PURCHASE PROPERTY KNOWN AS STEVE DRIVE FROM MINNIE PALUMBO AND ANTHONY ZUMMO IN THE AMOUNT OF $21,000.00 TO TRANSFER THE PRIVATE STREET INTO A PUBLIC RIGHT-OF-WAY AND IMPROVE THE ROADWAY. 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 RESOLUTION 24-338 10. Council to consider granting a new solid waste transportation service agreement for Superior Waste Solutions. According to the City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Nine (9) entities currently have nonexclusive franchise agreements with the City and are doing business in this area. Superior Waste Solutions has new ownership and accordingly has requested that the City Council grant the company such a franchise agreement. Superior Waste Solutions serves Beaumont and Baytown, Texas with its corporate office located at 5565 Erie Street, Beaumont, Texas. The requested franchise is generally the same as those previously approved by the City Council. It provides for a term of one year from its effective date and a franchise fee of seven Minutes — December 17, 2024 percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to the City Charter, the franchise ordinance requires a reading at one (1) Council meeting, The ordinance does not take effect until thirty (30) days after its adoption and approval by City Council. After the passage of a franchise ordinance, the full text of such ordinance shall be published on the City's website. A franchise fee of seven percent (7%) of gross receipts will be paid to the City. Approval of Ordinance. Councilmember Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO SUPERIOR WASTE SOLUTIONS. Councilmember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-075 11. Council to consider granting a new solid waste transportation service agreement Hotchkiss Disposal Services Ltd. According to the City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Nine (9) entities currently have nonexclusive franchise agreements with the City and are doing business in this area. Hotchkiss Disposal Services Ltd. has requested that the City Council grant the company such a franchise agreement. Hotchkiss Disposal Services, Ltd., serves the Baytown, Winnie-Stowell, Hamshire-Fannett, Labelle, Cheek and surrounding Texas areas, with its corporate office located at 4219 Y2 North Highway 146, Baytown, Texas 77520. The requested franchise is generally the same as those previously approved by the City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to the City Charter, the franchise ordinance requires a reading at one (1) Council meeting, The ordinance does not take effect until thirty (30) days after its adoption and approval by City Council. After the passage of a franchise ordinance, the full text of such ordinance shall be published on the City's website. A franchise fee of seven percent (7%) of gross receipts will be paid to the City. Minutes — December 17, 2024 Approval of the ordinance. Councilmember Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO HOTCHKISS DISPOSAL SERVICES, LTD. Councilmember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-076 12. Council to consider granting a new solid waste transportation service agreement for GFL Plant Services LP. According to the City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Nine (9) entities currently have nonexclusive franchise agreements with the City and are doing business in this area. GFL Plant Services LP has requested that the City Council grant the company such a franchise agreement. GFL Plant Services LP serves facilities throughout Canada and in over 25 states in the United States with its corporate office located at 100 New Park Place, Suite 500, Vaughn, Ontario, Canada L4K 01-19. The requested franchise is generally the same as those previously approved by the City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to the City Charter, the franchise ordinance requires a reading at one (1) Council meeting, The ordinance does not take effect until thirty (30) days after its adoption and approval by City Council. After the passage of a franchise ordinance, the full text of such ordinance shall be published on the City's website. A franchise fee of seven percent (7%) of gross receipts will be paid to the City. Approval of the ordinance. Councilmember Turner moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO GFL PLANT SERVICES, LP. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE Minutes — December 17, 2024 MOTION PASSED ORDINANCE 24-077 13. Council to consider an ordinance to amend Sections 28.03.023 and 28.04.008 of the City of Beaumont 's Code of Ordinances. In 2006, Ordinance No. 06-062 amended the permitted use table to require a Specific Use Permit for all uses in the CBD. Planning staff is recommending some amendments to the permitted use table, Section 28.03.023 of the City's Code of Ordinances, to streamline permitting and occupancy of appropriate uses within the Central Business District. Additionally, the Planning staff are recommending amendments to the special conditions, Section 28.04.008 of the City's Code of Ordinances, to address accessory dwelling units (ADU) and shipping containers within the City of Beaumont. Currently, ADUs, also known as mothers in-law suites, require a Specific Use Permit within low density residential districts. Planning staff proposes to amend Section 28.04.008(b)(6) of the City's Code of Ordinances to allow ADUs within the A-R, R-S, RCR, and RCR-H zoning districts by right if occupied by family members of the person who resides in the principal dwelling. This amendment will provide affordable housing options and increase housing density without significantly altering neighborhood character. Additionally, ADU offers multi -generational living, aging in place, and adaptation to ever -changing household needs. Lastly, the Planning staff wishes to amend Section 28.04.008(b)(30). Existing ordinances do not allow for shipping containers to be used as storage unless they are located within industrial zoning districts. Planning staff would like to amend this to allow usage of shipping containers as storage within the GC -MD and industrial zoning districts. If the structure is used for storage in GC -MD district, it must be completely screened from public view along any street right-of-way by fencing, landscaping or other approved methods. It is recognized that using shipping containers as structures is an emerging trend because they offer a cost-effective, durable, and eco-friendly alternative to traditional construction. Planning staff encourages the integration of art within occupiable commercial spaces to enhance the aesthetic quality, community engagement and user experience. All federal regulations, state laws, local ordinances and adopted codes shall be adhered to with installation or reconfiguration of the containers. At a Joint Public Hearing held on November 25, 2024, the Planning Commission recommended 6:0 to approve proposed amendments to Sections 28.03.023 and Section 28.04.008 of the City of Beaumont 's Code of Ordinances. Approval of the ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING SECTION 28.03.023 AND SECTION 28.04.008 OF THE CODE OF ORDINANCES. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL Minutes — December 17, 2024 NAYS: NONE MOTION PASSED ORDINANCE 24-078 14 Council to consider a request for a Specific Use Permit to allow a duplex in an R-S (Residential -Single Family Dwelling) District for property located at 6795 Highway 105. Le's Family Investment is requesting approval of a Specific Use Permit to allow a duplex at 6795 Highway 105. The duplex will be a new construction, and the developer intends to rent the units. Parking will be provided within the driveway for each unit. The intent of the project is to expand housing options to the community and promote infill development of vacant properties. According to our City's Comprehensive Plan the property is located within the "Contemporary Neighborhood Design Concept," such areas allow "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 request appears to align with our City's Comprehensive Plan of Beaumont. At a Joint Public Hearing held on November 25, 2024, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a duplex in an R- S (Residential, Single Family Dwelling) District for property located at 6795 Highway 105, 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. Approval of the ordinance, 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. Mayor Pro Tern Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DUPLEX IN AN R-S (RESIDENTIAL -SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 6795 HIGHWAY 105, WITH THE CONDITIONS, 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 Minutes — December 17, 2024 MOTION PASSED ORDINANCE 24-079 15. Council to consider a request to amend the conveyance and dedication of private streets and infrastructure to the City of Beaumont. Scott Hollemon and the heirs of the A.J. Fasulo Estate have requested that the City of Beaumont accept maintenance of the private drive east of Wescalder Road and north of Baker Road, and its infrastructure. The Planning Commission tabled this request on a couple of occasions for staff and/or the applicant to return with supporting data. On March 18, 2024, the Planning Commission recommended denial of the request, however, the City Council found the request to be in the best interest of the City and approved the dedication with conditions on August 6, 2024. This item has returned for consideration to amend the original request to include the drainage way so the city may perform necessary improvements to serve the neighborhood. The drainage way is owned by the heirs of the A.J. Fasulo Estate. At a Joint Public Hearing held on November 25, 2024, the Planning Commission recommended 6:0 to approve the request to amend the conveyance and dedication of private streets and infrastructure to the City of Beaumont, with 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. Approval of the ordinance, with 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 AMENDING THE CONVEYANCE AND DEDICATION OF PRIVATE STREETS AND INFRASTRUCTURE, WITH THE CONDITION, TO THE CITY OF BEAUMONT. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-080 PUBLIC HEARING 4- Council to conduct a Public Hearing finding and ratifying the determination of the Public Health Director that the public health nuisances exist on the property at MC FADDIN HTS LTS 11-13 TR 2 LTS 14 & 15 TR 1 B 27 for the property owned by 606 Harold, LLC Minutes — December 17, 2024 Public Hearing Open: 3:13 p.m. None Public Hearing Close: 3:15 p.m. REGULAR AGENDA 16. Council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property at MC FADDIN HTS LTS 11-13 TR 2 LTS 14 & 15 TR 1 B 27 for the property owned by 606 Harold, LLC. According to Beaumont's Code of Ordinances Chapter 10 Health and Sanitation, Sec 10.01.001 a nuisance is defined as whatever is dangerous to human life or welfare or whatever renders the ground, the water, the air, or food a hazard or injury to human health is hereby declared to be a nuisance. The legal description and violations of this property are MC FADDIN HTS LTS 11-13 TR 2 LTS 14 & 15 TR 1 B 27 Litter Control, Rodent Harboring Conditions, and Mosquito Breeding Conditions. If the property owner fails to comply within ten (10) days, staff is requesting the authorization of the City Council to clean the property and or authorize the City Attorney to seek legal action to have the nuisance abated. Approval of the ordinance. Councilmember Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE DECLARING THE STRUCTURE AT MCFADDIN HTS, LTS 11-13, TR 2, LTS 14 & 15, TR 1, B 27, BEAUMONT, TEXAS, TO BE A PUBLIC NUISANCE AND ORDERING THAT THE PROPERTY OWNER(S) HAVE TEN (10) DAYS TO COMPLY. 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 24-081 WORKSESSION Downtown Proactive Code Enforcement Update COUNCILMEMBER COMMENTS (Councilmember comments can be heard orseen 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: ■ The claim of Airon Reynolds, Jr. Minutes — December 17, 2024 Open Session of tf},4 meeti Roy est, Mayor / ` ✓ 4 FUdomd Tina Broussard, City Clerk at 3:38 p.m. 14440-�z Minutes — December 17, 2024