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HomeMy WebLinkAboutMAY 6 2025 - PACKET REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, MAY 06, 2025 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS Communication Update RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Citizens may speak on the Consent Agenda/ Regular Agenda Items 1-3 or any other topic. Items 4 & 5 have already been heard in a Public Hearing therefore, citizens cannot speak on those items. Citizens wishing to speak on Item 6 will be given the opportunity to speak during the Public Hearing. 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 April 29, 2025, City Council meeting minutes. B. Council consider a resolution renewing the Authorized Grant Officials for the Southeast Texas Auto Theft Task Force to receive funding for the Task Force grant program through the Motor Vehicle Crime Prevention Authority for the 2026 grant year. C.Council consider a resolution approving a three-year contract for litter removal service for City rights-of-way and specified areas. D. Council consider a resolution approving the one-time preventive maintenance on the Switchgear at Water Production. E.Council to consider a resolution authorizing the City Manager to execute a grant agreement extension for the 2023 CHDO Reserve funds. REGULAR AGENDA 1. Council to approve resolution awarding Hotel Occupancy Tax Grant for FY26 funding. 2. Council consider approving a resolution adopting the preliminary Consolidated Budget for the 2025 Annual Action Plan. 3.amending an ordinance containing the Master Fee Schedule. 4.Council consider a request for a Rezoning from GC-MD (General Commercial- Multiple Family Dwelling) District to R-S (Residential-Single Family Dwelling) District for the southern 2.43 acres of the residual 21.10 acre tract to the north and west of the existing Dylan Drive. 5. Council consider a request for a Specific Use Permit to allow a commercial warehouse and office park in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 1120 Wendelin Drive. PUBLIC HEARING Council to conduct a Public Hearing to hear non-profit applicant requests for funding from the 2025 Community Development Block Grant. Council to conduct a Public Hearing to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Kevin Don Covel at 7050 Donna Lane with a legal description of WOODLAND AC L3 B 8 and order the owners to abate public health nuisances within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to abate said property without further notification to the property owner of City Council action. REGULAR AGENDA 6.Council to consider an ordinance finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Kevin Don Covel at 7050 Donna Lane with a legal description of WOODLAND AC L3 B 8 and order the owners to abate public health nuisances within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to abate said property without further notification to the property owner of City Council action. WORK SESSION Council to review and discuss Article 6, Gaming Sites and Gaming Machines, of the City’s Code of Ordinance COUNCIL COMMENTS ADJOURNMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at (409) 880-3777. A TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Tina Broussard, City Clerk MEETING DATE:May 6, 2025 REQUESTED ACTION:Council to consider approving the April 29, 2025, City Council meeting minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the minutes. ATTACHMENTS Minutes - April 29, 2025 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 II Audwin Samuel, Ward IIIAPRIL 29, 2025 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 April 29, 2025, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 5:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Proclamations, Presentation and Recognition – TxDOT Status Update of Construction Projects within Beaumont Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-5 or any other topic. Citizens wishing to speak on Item 6 will be given the opportunity to speak during the Public Hearing. Mayor West called the council meeting to order at 5:30 p.m. Reverend Gerald Smith, Sr. Pastor of Greater Love Zion Church of God in Christ 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 (arrived at 5:35 p.m.), Feldschau and Samuel. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition “Letter Carriers’ “Stamp out Hunger” Food Drive” – May 10, 2025 – Accepting; USPS Food Drive Co-Coordinators Allen Jackson and Germaine Gassaway, USPS Postmaster Rhona Evans, and NALC Branch 842 President, Ethel Bibbs “Rotary Club of Beaumont Month” – May 2025 – Accepting; Kristie Young, KMY Consulting Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-5 or any other topic. Citizens wishing to speak on Item 6 will be given the opportunity to speak during the Public Hearing. (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) Dean Tucker2550 Long St.Beaumont TX Minutes April 29, 2025 David Parks9 Mariner Dr.Belton, TX Airon Reynolds6945 Salina LaneBeaumont TX Addie Allen9695 GrossBeaumont 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 April 15, 2025, City Council meeting minutes. B.Council to consider appointments to the Convention and Tourism Advisory Board and the Bond Advisory Committee – Resolution 25-089 Councilmember Durio moved to approve the Consent Agenda. 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 REGULAR AGENDA 1.Council to consider a resolution authorizing the City Manager to execute an amendment to the Interim Services Agreement between the City and Stonehenge Holdings, LLC to extend the deadline for the delivery of Pre-Development Services, related to the development of a hotel, to November 30, 2025. City Council authorized the City Manager to execute an agreement with Stonehenge Holdings, LLC at their October 29, 2024 meeting. The agreement, executed November 13, 2024, outlined such work that included the initiation of a market study, planning and design services, the development of estimated costs for a hotel and related improvements as well as the development of a business and financing plan related to the development of a hotel on property owned by the City. The initial deliverables and decision as to whether to move forward with the project were set for July 2025. Stonehenge is requesting additional time to allow for the presentation of their findings and to allow adequate time for the City Council to consider these findings and whether to move forward with consideration of the project. 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 AN AMENDED INTERIM SERVICES AGREEMENT WITH STONEHENGE HOLDINGS, LLC, FOR THE DELIVERY OF PRE-DEVELOPMENT SERVICES, RELATED TO Minutes April 29, 2025 THE DEVELOPMENT OF A HOTEL, TO NOVEMBER 30, 2025. Councilmember Getz seconded the motion. AYES:MAYOR WEST, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:MAYOR PRO TEM NEILD MOTION PASSED RESOLUTION 25-090 2.Council to consider a resolution authorizing the City Manager to accept maintenance and authorize final payment to SETX Construction Corp., for the N. Major Dr. & Westfield Ave. Exploratory Excavation and Sanitary Sewer Repair Contract. On October 1, 2024, by Resolution No. 24-242, City Council awarded a contract to SETEX Construction Corp., of Beaumont, Texas in the amount of $59,794.00 for the N. Major Dr. & Westfield Ave. Exploratory Excavation and Sanitary Sewer Repair Contract. There was a previous Change Order No. 1, in the amount of $6,500.00. 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 maintenance and final payment in the amount of $3,738.99 is recommended. Funds will come from the American Rescue Fund. Approval of the resolution. Councilmember Turner moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ACCEPT MAINTENANCE AND MAKE FINAL PAYMENTS TO SETEX CONSTRUCTION CORP., OF BEAUMONT, TEXAS IN THE AMOUNT OF $3,738.99, FOR THE NORTH MAJOR DRIVE AND WESTFIELD AVENUE EXPLORATORY EXCAVATION AND SANITARY SEWER REPAIR AND CONTRACT; AND THAT THE NORTH MAJOR DRIVE AND WESTFIELD AVENUE EXPLORATORY EXCAVATION AND SANITARY SEWER REPAIR CONTRACT BE AND THE SAME IS HEREBY ACCEPTED. Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 25-091 3.Council to consider a resolution authorizing a payment for property insurance coverage for various city owned buildings and assets. Minutes April 29, 2025 The proposed annual premium for Windstorm and Hail is based on a total insured value of $353,687,009. The cost of the policy for this year is $2,328,492, a $64,651.50 increase from last year’s premium of $2,263,840.50. The policy renewal will be in effect from May 1, 2025, to May 1, 2026. Companies providing our insurance are Texas Municipal League Intergovernmental Risk Pool, Texas Windstorm Insurance Association, and the remaining windstorm and hail policies are layered with exposure limited to the amount of damage incurred. Windstorm provided by Texas Windstorm Insurance Association will have a limit of $60,234,684. The remaining carriers, AmRisc, Arch, Axis, Beazley, Core Specialty/Starstone, Kinsale, Lexington, Markel, RSUI, Sompo, Velocity, Westchester, and Westfield will provide an additional $50,000,000 in windstorm and hail coverage. The deductibles per occurrence for the new policy are as follows: Deductibles Wind & Hail: 1% per item, minimum $1,000 per item with TWIA. 2% per item, subject to a $100,000 minimum with various carriers per occurrence. This is a reduction from last year’s deductible of 3% per item, subject to a $250,000 minimum. 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 A CONTRACT FOR WINDSTORM AND HAIL COVERAGE FOR AN ANNUAL PREMIUM AMOUNT OF $353,687,009.00 PROVIDED BY TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL, TEXAS WINDSTORM INSURANCE ASSOCIATION; AND THAT THE REMAINING WINDSTORM AND HAIL POLICIES ARE LAYERED WITH EXPOSURE LIMITED TO THE AMOUNT OF DAMAGE INCURRED, WINDSTORM PROVIDED BY TEXAS WINDSTORM INSURANCE ASSOCIATION WILL HAVE A LIMIT OF $60,234,684. THE REMAINING CARRIERS, AMRISC, ARCH, AXIS, BEAZLEY, CORE SPECIALITY/STARSTONE, KINSALE, LEXINGTON, MARKEL, RSUI, SOMPO, VELOCITY, WESTCHESTER, AND WESTFIELD WILL PROVIDE ADDITIONAL $50,000,000 IN WINDSTORM AND HAIL COVERAGE, EFFECTIVE MAY 1, 2025 TO MAY 1, 2026. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, COUNCILMEMBERS DURIO, TURNER, FELDSCHAU AND SAMUEL NAYS:COUNCILMEMBER GETZ AND MAYOR PRO TEM NEILD MOTION PASSED RESOLUTION 25-092 Minutes April 29, 2025 4.Council to consider a resolution authorizing the City Manager to execute Change Order No. 5, accept maintenance, and authorize final payment to To-Mex Construction, LLC, of Houston, Texas for the Florida Avenue Emergency Sewer Repair. On January 10, 2023, by Resolution No. 23-018, City Council awarded a contract to To- Mex Construction, LLC, of Houston, for the Florida Avenue Emergency Sewer Repair in the amount of $316,989.88. There were previous Change Order Nos. 1-4, in the amount of $245,486.05. Proposed Change Order No. 5, in the amount of ($9,341.67), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved, the final contract amount will be $553,134.26. 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. 5, maintenance, and final payment in the amount of $27,656.71 is recommended. Funds will come from Water Revenue Bonds. Approval of the resolution. Councilmember Durio 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 ($9,341.67), ACCEPT MAINTENANCE, AND MAKE FINAL PAYMENT TO TO-MEX CONSTRUCTION, OF HOUSTON, TEXAS IN THE AMOUNT OF $27,656.71, FOR THE FLORIDA AVENUE EMERGENCY SEWER REPAIR. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:NONE MOTION PASSED RESOLUTION 25-093 5.Council to consider amending an ordinance containing the Master Fee Schedule for Planning and Community Development fees. Item Pulled On September 17, 2024, the City Council approved an ordinance that included a master fee schedule. On November 19, 2024, the City Council approved an ordinance amending the master fee schedule to properly reflect the outside and inside-city rates for Water & Sewer. An additional amendment is required to clarify certain fees: Code Enforcement Litter & Weeds, Planning & Zoning, and Specific Use Permit and Rezoning. Additionally, the amendment includes a Planning & Zoning fee for Special District Application, and it also includes moving the Vehicle Facility Storage Permit Fee to properly reflect it under the Police Department. Minutes April 29, 2025 PUBLIC HEARING Council to conduct a Public Hearing finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by James R Callas with the legal description of 5395 Rosemary, 5375 Rosemary, including the lot east of 5375 Rosemary being Lots 1, 2, and 3, Block 3, Mc Anelly Place Addition, Beaumont, Jefferson County, Texas and order the owners to abate public health nuisances within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to abate said property without further notification to the property owner of City Council action. Public Hearing Open: 6:34 p.m. James Callas5375 RosemaryBeaumont TX Public Hearing Close: 6:59 p.m. REGULAR AGENDA 6.Council to consider an Ordinance finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by James R Callas with the legal description of 5395 Rosemary, 5375 Rosemary, including the lot east of 5375 Rosemary being Lots 1, 2, and 3, Block 3, Mc Anelly Place Addition, Beaumont, Jefferson County, Texas and order the owners to abate public health nuisances within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to abate said property without further notification to the property owner of City Council action. 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: 5395 Rosemary, 5375 Rosemary, including the lot east of 5375 Rosemary being Lots 1, 2, and 3, Block 3, Mc Anelly Place Addition, Beaumont, Jefferson County, Texas Violations: Failure to retrieve litter, Chapter 12 Offenses and Nuisances, Article 12.07.002 and Rodent Harborage, Chapter 10 Health and Sanitation, Article 10.04.001 and 10.04.006. Funds will come from the General fund. Approval of the ordinance. Councilmember Getz made a motion to table the item until June 3, 2025, with a lack of a second the motion failed. Mayor Pro Tem Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE DECLARING THE STRUCTURES AND PROPERTY, WITH THE LEGAL DESCRIPTION OF 5395 ROSEMARY, 5375 ROSEMARY, INCLUDING THE LOT EAST OF 5375 ROSEMARY BEING LOTS 1, 2 AND 3, BLOCK 3, MC ANELLY PLACE ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS, TO BE A PUBLIC NUISANCE AND ORDERING THAT THE PROPERTY OWNER(S) HAVE THIRTY (30) DAYS TO COMPLY. Councilmember Turner seconded the motion. Minutes April 29, 2025 AYES:MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS:COUNCILMEMBER DURIO MOTION PASSED ORDINANCE 25-023 COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) With there being no Executive Session, the meeting adjourned at 7:07 p.m. Roy West, Mayor Tina Broussard, City Clerk Minutes April 29, 2025 B TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Tim Ocnaschek, Chief of Police MEETING DATE:May 6, 2025 REQUESTED ACTION:Council consider a resolution renewing the Authorized Grant Officials for the Southeast Texas Auto Theft Task Force to receive funding for the Task Force grant program through the Motor Vehicle Crime Prevention Authority for the 2026 grant year. BACKGROUND For the past 32 years, the Southeast Texas Auto Theft Task Force (ATTF) has served as a collaborative, multi-jurisdictional law enforcement initiative aimed at combating auto burglaries and thefts in the region, while raising public awareness about ways to minimize the risk of becoming a victim. Partially funded through the Motor Vehicle Crimes Prevention Authority (MVCPA), the ATTF is centered in and administered by the City of Beaumont and is inclusive of Jefferson, Hardin, Orange, and Jasper counties. Since 1993, the City of Beaumont has served as the grantee agency for the ATTF. The proposed budget for the Task Force 2026 grant year is $913,071, with state funds in the amount of $760,241. The Beaumont Police Department will contribute $152,830, as a cash match in the form of travel, supplies, and direct operating expenses, while other participating agencies will provide an additional $74,000, for a total cash match of $152,830. The upcoming grant cycle will begin on September 1, 2025, and will end on August 31, 2026. As per MVCPA requirements, a council resolution is required to designate the authorized officials for the 2026 grant year. FUNDING SOURCE The city’s required match will be included in the Police Department’s Operating Budget in the General Fund. RECOMMENDATION Approval of the Resolution. ATTACHMENTS Auto Theft Task Force Grant Application for FY 2026 C TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Kenneth Raggette, Director of Parks and Greenspaces MEETING DATE:May 6, 2025 REQUESTED ACTION:Council consider a resolution approving a three-year contract for litter removal service for City rights-of-way and specified areas. BACKGROUND WorkQuest (formerly Texas Industries for the Blind and Handicapped) utilizes private not-for- profit Community Rehabilitation Programs (CRP) under the Texas State Use Program, Works Wonders, which exempts political subdivisions from competitive bidding requirements. For this agreement, Beaumont Products and Services (BPS) located in Beaumont, will be providing the services to the Parks & Greenspace Department on behalf of WorkQuest. BPS has been providing grounds maintenance and litter removal services to the City for more than twenty-five (25) years. This agreement renewal allows for the removal of trash on City rights-of-ways and specified areas throughout the city. The new proposed annual cost for this agreement is $402,355 which is an approximate increase of 4% over the previous agreement. There is no increase in price allowed for the term of the contract. Pricing covers all material, labor and equipment for BPS to provide this service for the City. FUNDING SOURCE General Fund RECOMMENDATION Approval of the resolution ATTACHMENTS D TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Amalia Villarreal, P.E., CFM, Director of Public Works MEETING DATE:May 6, 2025 REQUESTED ACTION:Council consider a resolution approving the one-time preventive maintenance on the Switchgear at Water Production. BACKGROUND Maintenance for the city’s generators is budgeted on a yearly basis. The Switchgear at Water Production requires a one-time Preventive Maintenance service. This will involve having two Caterpillar Switchgear Engineers on site for five consecutive days. Mustang Cat, located in Houston, is the sole provider for this work on Caterpillar generators. Keeping these units in excellent working condition is essential for ensuring a reliable supply of quality water for the city. The estimated total cost for the engineers' services is $60,000. Any additional charges for parts, labor, and travel will be billed at the conclusion of the project. Quote is attached. FUNDING SOURCE Water Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS tƚǞĻƩ {ǤƭƷĻƒƭ t͵h͵ .ƚǣ ЊЌАЌ ЊЋБЉЉ bƚƩƷŷǞĻƭƷ CƩĻĻǞğǤЋЍ IƚǒƩ \[źƓĻ ΛАЊЌΜ ЍЎЋΏАЋЉЍ IƚǒƭƷƚƓͲ – ААЋЎЊΏЊЌАЌ IƚǒƭƷƚƓͲ – ААЉЍЉ DATE: QUOTATION NUMBER Switchgear PM - 2025 - REV1 10/1/2024ZR24-201 - REV1 CUSTOMERCUSTOMER NUMBERCONTACTADDRESS 1550 Pine St, Beaumont, TX 77703 City of Beaumont 0587550Joseph Gallaher joseph.gallaher@beaumonttexas.g MAKE/MODELSERIAL NUMBERPHONE NUMBER FAX NUMBER CAT SWITCHGEARN/A 409-673-7022N/A Scope of Work to be Performed: CAT Switchgear - Switchgear PM $60,000.00 - (2) Caterpillar Switchgear Engineers on site for Five (5) consecutive days to perform a one-time Preventative Maintenance (FS REMEDIAL). ΫvǒƚƷĻ ƦƩźĭźƓŭ źƭ ƓƚƷ ŅźƓğƌ ğƓķ ğƓǤ ğķķźƷźƚƓğƌ ƌğĬƚƩͲ ƒğƷĻƩźğƌƭͲ ƷƩğǝĻƌͲ ƚƩ ƷğǣĻƭ Ǟźƌƌ ĬĻ ğķķĻķ Ʒƚ ƷŷĻ ŅźƓğƌ źƓǝƚźĭĻΫ ΫvǒƚƷĻƭ ğƩĻ ƚƓƌǤ ǝğƌźķ ŅƚƩ ВЉ ķğǤƭ ŅƩƚƒ ƷŷĻ ķğƷĻ ƌźƭƷĻķ źƓ ƷŷĻ ŷĻğķĻƩΫ Includes Labor, Materials and Travel Sub-Total$60,000.00 Environmental Fee$0.00 Supply Charge$0.00 Estimated Taxes$0.00 Total$60,000.00 STOP WORK UNTIL CUSTOMER NOTIFY CUSTOMER BUT CONTINUE IF ADDITIONAL REPAIRS ARE NEEDED: GIVES APPROVAL.REPAIRS. In consideration of the sale of Goods and/or Services by Mustang Machinery Company, LLC. I (or we) hereby agree to pay you for same at your office in Houston, Harris County, Texas. It is further agreed that each past due account shall bear interest at the rate of 18% per annum, and that if any account is placed in the hands of an attorney for collection, Mustang shall also be Mustang in Houston, Harris County, Texas. WARRANTY POLICY: MUSTANG WARRANTS THE PARTS CONVEYED HEREUNDER ONLY TO THE EXTENT THAT same are premises of those parts found to be defective within the applicable warranty period. NO OTHER REMEDY, INCLUDING BUT NOT LIMITED TO CLAIMS FOR INCIDENTAL CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF TIME OR INJURY TO PERSON OR PROPERTY OR ANY OTHER ECONOMIC LOSS SHALL BE AVAILABLE TO CUSTOMER. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUBMITTED BY: PO#:AUTHORIZED BY: Zachary Ray Cell: 432-528-7887 E TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:May 6, 2025 REQUESTED ACTION:Council to consider a resolution authorizing the City Manager to execute a grant agreement extension for the 2023 CHDO Reserve funds. BACKGROUND On December 19, 2023, council adopted Resolution 23- 383 awarding Community Housing Development Organization (CHDO) funding from the 2023 HOME Investment Partnership fund (HOME) to Legacy Community Development Corporation. Legacy has requested an extension of the term of the CHDO Reserve Grant Agreement due to probate delays that affected the closing. Repairs are in progress and should be completed in May 2025. The current agreement expires April 30, 2025. The requested extension would expire on June 30, 2025. FUNDING SOURCE U.S. Department of Housing and Urban Development (HUD) Home Investment Partnership Funds (HOME) RECOMMENDATION Approve the Resolution. ATTACHMENTS Draft Grant Agreement Request for Extension HOME CHDO ALLOCATION FUNDING AGREEMENT between the CITY OF BEAUMONT and the Legacy Community Development Corporation This Community Housing Development Allocation Funding Agreement (Agreement hereinafter) is made and entered into by and between the CITY OF BEAUMONT, a Home Rule Municipal Corporation incorporated under the laws of the State of Texas (City hereinafter), and the Legacy Community Development Corporation, a Texas non-profit corporation (CHDO hereinafter), located at 700 North Street, Beaumont, Texas 77701. WHEREAS, the City of Beaumont has received a HOME grant from the United States Department of Housing and Urban Development (HOME Program No. M-23-MC-48-0201); WHEREAS, the City has the objective of providing for the development of low-to-moderate income housing for residents of the City through its Community Development Division; WHEREAS, the Legacy Community Development Corporation, through its express purpose as set forth in its corporate bylaws, shares this common goal with the City as a City of Beaumont approved Community Housing Development Organization (CHDO hereinafter); WHEREAS, pursuant to the authority of Resolution Number #23-383, passed by the Beaumont City Council on 12/19/2023 the Legacy Community Development Corporation will enter into a contract with the City for an award of the 2023 HOME funds totaling Ninety-Four Thousand, One Hundred Nine Dollars and 00/100 ($94,109.00). WHEREAS, the City is required to reserve not less than 15 percent of the HOME allocation for any fiscal year for investment only in housing to be developed, sponsored, or owned by certified CHDOs pursuant to applicable US Department of Housing and Urban Development (HUD) regulations including but not limited to 24 CFR 92.300 (see attached hereto as Exhibit A), and as approved in the City’s 2023 Action Plan of the 2020 - 2024 Consolidated Plan which set aside a portion of HOME Grant funds for CHDOs to develop low-to-moderate income housing; WHEREAS, The HOME allocation of Ninety-Four Thousand, One Hundred Nine Dollars and 00/100 ($94,109.00) will be used for the eligible costs related to the acquisition and rehabilitation of one (1) existing unit. Such housing will provide decent, safe and sanitary housing for eligible families; WHEREAS, the City desires to assist the CHDO in providing for the acquisition of low-to- moderate income housing through funds provided by HUD’s Home Investment Partnerships Program (HOME Program); NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual purposes and obligations set forth herein, the City and CHDO covenant and agree as follows: This Agreement sets forth the understanding of the parties concerning the City’s HOME allocation as approved by HUD. It is the intent of this Agreement to outline what eligible activities and procedures the CHDO must comply with to qualify for a portion of the City’s HOME CHDO set aside. The parties have severally and collectively agreed, and by the execution hereof are bound, to the mutual obligations and to the performance and accomplishment of the tasks described herein. Section 1 – City’s Responsibilities A.The Community Development administrator, or other designated Community Development Staff, will act as liaison on behalf of the City. 1 B.The City agrees to assume overall responsibility as the CHDO for ensuring that the Housing Assistance programs using HOME funds are carried out in accordance with the HOME INVESTMENT PARTNERSHIPS PROGRAM. The City shall complete and provide documentation as required by HUD for program reporting requirements. C.The City agrees to pay eligible costs, up to a maximum total amount of Ninety-Four Thousand, One Hundred Nine Dollars and 00/100 ($94,109.00). on a reimbursement basis to the CHDO for eligible activities as outlined in 24 CFR 92.300 (attached hereto as Exhibit A), carried out within the City’s jurisdictional boundaries, specifically, the acquisition and rehabilitation of one (1) unit. Specific activities to be carried out will include acquisition, closing costs, warranties, appraisals, surveys, inspections and make-ready costs associated with one (1) unit which will be purchased, rehabbed and sold to low/moderate income persons at or below 80% of the median income. Costs will be reimbursed as set forth in the program’s reimbursement policy. D.CHDO agrees that a single or program-specific audit is a condition of funding for all entities that expend $500,000.00 or more in a year in Federal awards. The City of Beaumont requires the CHDO to submit the most current financial review for the fiscal year completed by August 30, 2024. Section 2 – Legacy Community Development Corporation Responsibilities A.The Executive Director for the CHDO, or other designated CHDO staff, will act as liaison on behalf of the CHDO. B.CHDO agrees to execute any and all documents requested by the City for compliance with the HOME Investment Partnership Program, as specified in 24 CFR 92.505(b) (attached hereto as Exhibit B) and agrees to comply with all uniform administrative requirements and standards as more particularly described in OMB Circular A-110 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C.CHDO agrees to maintain itself as a City certified CHDO in accordance with Title II of the National Affordable Housing Act (1990), as it may be amended, concerning the HOME Investment Partnership program (HOME) (24 CFR 92.300) (see attached Exhibit A), and the regulations policies and reporting requirements established by the City in conjunction with HUD, including CHDO recertification annually and/or prior to the execution of a contract for HOME CHDO Reserve funds. D.CHDO agrees to assure that all acquisition or rehabilitation projects will meet or exceed all written locally adopted Property Standards as well as all applicable local and state codes and other federal requirements. Within ninety (90) days of the execution of this agreement, the Legacy Community Development Corporation will adopt the City’s construction specifications and standards to be used on projects funded by this agreement. Where applicable, all floor plans must be certified as having met or exceeded the Model Energy Code prior to construction. Variations from these standards should be approved in writing by the City’s representative. Quality and affordability shall be the criteria used to determine whether a requested variance will be approved. E.CHDO agrees to complete all acquisition, rehabilitation or new construction projects within two years from the date of this agreement, or by federally required deadlines, whichever is sooner. For projects including acquisition for new construction, the construction must begin within one (1) year of the acquisition of the property. The issuance of a building permit will constitute start of construction. If construction cannot be commenced by its start date as set out in Exhibit A, the CHDO shall notify the City in writing at least 30 days prior to the commencement date of the specific nature of the events that prevent the commencement of construction. The City shall either 2 approve a new commencement date or deny the request for an extension. The decision of the City’s representative shall be final. If a new start date is not approved, funds allocable to the structure will be removed from the contract and the CHDO will be required to deed to the City any real property provided. F.CHDO agrees to provide the City full and complete documentation of all eligible acquisition, materials, professional fees and labor expenses fourteen (14) calendar days prior to the requested reimbursement date. All eligible expenses must be already paid in full by CHDO prior to submittal to the City. The Community Development Administrator may waive this requirement to facilitate program goals and objectives. G.Except where unavailable, CHDO agrees to make the homes acquired through this contract available to applicants who have been qualified through a HUD Certified Homebuyer Counseling Agency. Where applicable, CHDO agrees to collect homeownership applications, determine eligibility, gather all initial data connected with these applications, and to assist the prospective homebuyer with the negotiation of permanent financing with participating lenders. CHDO agrees to ensure the long-term affordability of the property to the new homebuyer as specified in 24 CFR 92.252 (attached hereto as Exhibit C). These affordability requirements must be enforced by the nd use of 2 Lien Deeds of Trust and deed restrictions. H.CHDO agrees to affirmatively market all properties to eligible low- or moderate-income families as described 24 CFR 92.351 (a) (Exhibit D). I.CHDO agrees to furnish the City with information on the program participants necessary to meet HUD reporting requirements (i.e., income verifications, ethnicity, age, sex, family status, disability status and head-of-household status). Approval by the City is required prior to the applicant receiving an approval letter from the CHDO. CHDO also agrees to make all files on projects/programs funded by this agreement available for inspection by City staff. CHDO will report any project and/or program delays or modifications and await City approval before proceeding. CHDO will also report any instances of client fraud or program abuse to the City. J.CHDO agrees to refund all HOME funds found to have been used for ineligible and/or unapproved programs or activities. These repayments will be made within thirty (30) days of notification by the City of the ineligible expenditures. K.CHDO agrees to meet with the City to discuss progress or concerns as the need arises and at the City’s request. CHDO also agrees to report on a bi-annual basis to the City on program/project status as outlined in 24 CFR 92.300 (attached hereto as Exhibit A). This must be a written report of the status on recently completed, ongoing, and pre-approved programs and/or projects, and must include information for the reporting period to include the status on applicant approvals/denials; projects/programs approved; fund disbursements; project bidding information; property sales; contractor/subcontractor utilization (amounts, ethnicity, addresses, social security numbers and amounts billed and paid); use of CHDO proceeds; and other information as appropriate and required by the attached program guidelines (Exhibit E). CHDO agrees that the Program will be administered according to all applicable regulations and guidelines per the City of Beaumont’s 2023 Action Plan (as it may be amended), program design criteria and construction standards. L.CHDO agrees to place all sales proceeds gained from this program back into its Affordable Housing Initiative Program, and more specifically, into other HOME eligible CHDO housing activities located within the jurisdictional boundaries of Beaumont for as long as the CHDO is certified by the City as a CHDO. Eligible activities include (a) eligible project costs related to the development and construction of new houses AND (b) home buyer assistance including, but not 3 limited to, lease-purchases, mortgage principal buy down, closing costs, pre-paid or any other reasonable AND necessary eligible expenses. The CHDO understands and agrees that should the CHDO become defunct or insolvent, any and all grant funds on hand and any accounts receivable attributable to the use of grant funds shall transfer to the City. The CHDO further understands and agrees to, and shall transfer to the City, any program income, real properties, equipment, supplies and any assets acquired as a result of grant funds if CHDO becomes defunct or insolvent. M.CHDO agrees to secure the financial match requirements for M-23-MC-48-0201 HOME funds. The financial funding match requirement is 25% of total expenditures less CHDO Operating funds. N.CHDO agrees that the City will provide the CHDO with Ninety-Four Thousand, One Hundred Nine Dollars and 00/100 ($94,109.00), 2023 HOME funds to be available through the City’s draw process on or after the effective date of this contract. Payment shall be made directly to the CHDO, upon receipt of invoices or payment vouchers from CHDO certifying that all requirements have been met. O.The CHDO also understands and agrees to adhere to the City’s procurement process (attached hereto as Exhibit F). The City shall reserve the right to investigate, examine and monitor, at any time, all such records relating to the operations or expenditures of CHDO under this Agreement. P. The CHDO agrees to adhere to all local, state and federal regulations applicable to rental housing qualifying as Affordable Rental Housing as per 24 CFR 92.252, established Fair Market Rents (Schedule B), and Income Limits (221(d)(3) (attached hereto as Exhibit C). Section 3 - General Terms A.This Agreement shall be fully executed in writing by both parties, and extend from January 24, 2024 through June 30,2025. With agreement by both parties, the Agreement may be extended for a time specified in a jointly signed and approved term extension memorandum, not to exceed 24 months from the original effective date. B.This Agreement and the rights and obligations contained herein may not be assigned by either party. C.This Agreement has been made under, and shall be governed by, the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Beaumont, Texas. D.This Agreement may only be amended by written instrument, approved and executed by both parties. E.The City may terminate this agreement if at any time, after a thirty-day written notice, the CHDO is found to have violated any federal, state or local requirements, for nonperformance of the terms of this agreement, or upon the unavailability of HOME funds. F.It is expressly understood and agreed by and between the City and the CHDO that this Agreement is wholly conditioned upon the actual availability of federal HOME funds allocated to the City by the U S Department of Housing and Urban Development (HOME Program No. M-23- MC-48-0201), and that all monies distributed to, or in behalf of the, CHDO hereunder shall be exclusively from federal monies received under said HOME Program, and not from any other monies of the City. G. This Agreement does not provide for any administrative and/or operating costs incurred by the CHDO. H. This Agreement does not provide for Predevelopment costs as defined in 24 CFR Part 92.301 (attached hereto as Exhibit G) 4 I.If any provision(s) of this Agreement shall be held to be invalid, illegal, or unenforceable by a court, by HUD, or other competent tribunal, the validity, legality, and enforceability of the remaining provisions shall not be impaired thereby. In such event, the parties hereby agree to use their best efforts to replace the respective provision or provisions with terms and conditions approximating the original intent of the parties and conforming in all respects with applicable law and HUD regulations and directives. J.The failure of the City to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the City’s right to assert or rely upon any such term or right on any future occasion. K.This written instrument and attachments constitute the entire agreement by the parties hereto concerning the matter performed hereunder and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. L.CHDO covenants and agrees to hold harmless the City and its officers, agents, servants and employees, from and against any and all claims or suits for property loss or damage and personal injury, including death to any and all persons, or whatever kind of character whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or non-performance of this contract and agreement and the operations, activities and services of the program described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, or sub-contractors of the City. M.No officer, employee or member of CHDO or CHDO’s subcontractors shall have a financial interest, direct or indirect, in this contract or the monies transferred hereunder, or be financially interested, directly or indirectly, in any contract relating to the operations conducted by it, nor in any contract for furnishing services or supplies to CHDO. Any willful violation of this paragraph with the knowledge, expressed or implied, of CHDO or its subcontractors, shall render this contract voidable by the City of Beaumont. N.No grants shall be made by CHDO to its directors or officers, either directly or indirectly, through family members, business partners or employees. CHDO agrees that no HOME funds shall be used, either directly or indirectly, for religious purposes. Any willful violation of this paragraph with the knowledge, expressed or implied, of CHDO shall render this contract voidable by the City. O.CHDO covenants and agrees that its officers, members, agents, employees, program participants and subcontractors shall abide by and comply with federal, state and local laws, including all ordinances, rules and regulations of the City of Beaumont, as amended. CHDO further covenants and agrees that it will fully comply with the terms and conditions of the HOME Program, under which these funds are granted. P.Each party has the full power and authority to enter into and perform this Agreement, and the person signing on behalf of each party has been properly authorized and empowered to execute this Agreement. Q.The parties hereby acknowledge that they have read, understand, and intend to be bound by the terms and conditions contained herein. Legacy Community Development Corporation By: Vivian L. Ballou, Executive DirectorDate 5 STATE OF TEXAS' 'ACKNOWLEDGMENT CITY OF BEAUMONT ' This instrument was acknowledged before me on the day of January, 2024, by Vivian Ballou, as Executive Director of Legacy Community Development Corporation a non- profit organization, on behalf of said organization. Notary Public in and for the State of Texas Jessica D. Prince CITY OF BEAUMONT By: ____ Kenneth R. Williams, City ManagerDate ATTEST: By: Tina Broussard, City ClerkDate 6 DEFINITIONS Fair market rent (FMR). The rent, including the cost of utilities (except telephone), that would be required to be paid in the housing market area to obtain privately owned, existing, decent, safe and sanitary rental housing of modest (non-luxury) nature with suitable amenities. Fair market rents for existing housing are established by HUD for housing units of varying sizes (number of bedrooms), and are published in the Federal Register in accordance with 24 CFR part 888. Initial lease term. The initial term of the assisted lease. The initial lease term must be for at least one year. Initial contract rent. In the certificate program, the contract rent at the beginning of the initial lease term. Lease. (1) A written agreement between an owner and a tenant for the leasing of a dwelling unit to the tenant. The lease establishes the conditions for occupancy of the dwelling unit. 7 LEGACY CDC 4/28/2025 Jes Prince City of Beaumont 801 Main Street Beaumont, Texas 77701 RE: 2023HOME CHDO Funding Mrs. Prince This letter is being written to request an extension of the 2023 HOME CHDO funds due to probate delays encountered during the closing on 9390 Shepherd. The home is currently under construction and funds will be expended by the end of May. We are asking that the funding be extended to June 30, 2025 to ensure that all expenses can be expended and drawn. Sincerely, Vivian Ballou Vivian Ballou, Executive Director 1 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Freddie Willard, Director of Convention and Tourism MEETING DATE:May 6, 2025 REQUESTED ACTION:Council to approve resolution awarding Hotel Occupancy Tax Grant for FY26 funding. BACKGROUND In accordance with the new Hotel Occupancy Tax (HOT) Grant Application policies and procedures which were implemented in calendar year 2023, the grant applications for HOT funding have been submitted for review by the Beaumont Convention and Visitors Bureau’s HOT Grant Review and Selection Committee. Attached are the recommendations from the Committee. The City Council is being asked to review and approve recommended funding for the HOT grants, taking into consideration that the applications submitted were thoroughly reviewed, evaluated, and followed the HOT fund policies and statutory requirements as found in the Texas Tax Code, which resulted in these recommendations by the HOT Grant Review Committee. FUNDING SOURCE Hotel Occupancy Tax RECOMMENDATION Approval of the Resolution ATTACHMENTS Recommendations from the Beaumont Convention and Visitors Bureau (CVB) HOT Grants Review Committee. HOT Grant Review and Selection Committee Recommendations 2025 Grant Cycle for FY2026 (for Tourism-related projects occurring between October 2025-September 2026) 2023 Cycle2024 Cycle2025 Cycle #Applicant FY24 FY25 FY26 FY26 Review Council Amount Amount Amount Committee Approved Awarded Awarded Requested RECOMMENDS Amounts for FY26 for FY26 1Aimed Dance $16,150 n/a $4,000 $6,000 2Art Museum of SETX (AMSET) $104,013.80 $70,000 $80,000 $80,000 3Beaumont Botanical Gardens (BBG) $39,389 n/a n/a 0 4Beaumont Children’s Museum (BCM)$61,500 $40,000 $50,000 $55,000 5Beaumont Heritage Society (BHS)$18,000 $20,000 $19,000 $18,000 6Boomtown Film & Music Festival $11,000 $1,000 $6,000 $11,000 7Downtown Beaumont Cultural Arts $32,000 $28,000 $27,000 $30,000 District (DBCAD) 8Mardi Gras of SETX$45,000 $20,000 00 9Obana Three (Min Dai for Mural Fest) $60,000 $25,000 $30,000 $30,000 10 Onyx Cyber $15,000 n/a n/a 0 11 Professional Football Capital of World$25,000 n/a n/a 0 12 Texas Energy Museum$95,000 $85,000 $75,000 $70,000 ~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~ ~~~~~~~~~ ~~~~~~~~ $522,052.80 TOTALS $300,000 $300,000 $300,000$300,000 Page 1 of 7 HOT Grant Applicant Summary for FY26 4-day event to increase overnight stays. 1)Aimed Dance Event: Summer Dance Fest 2026 7)Downtown Beaumont Cultural Arts District Requested: $16,150 (DBCAD) Funding for a two-week Dance Festival which includes Program: Support downtown cultural arts events within dance concerts, classes, & training with guest the arts district choreographers. Requested: $32,000 Funding to increase arts activities in the downtown cultural arts district. 2)Art Museum of SETX (AMSET) Program: Annual Exhibitions Requested: $104,013.80 8)Mardi Gras of SETX (MGSET) Funding for quarterly exhibits, multiple educational Event: 2026 Mardi Gras Festival programs and community events throughout the year. Requested: $45,000 Funding for 3-day festival while fundraising for their fourteen-member non- located in the Port Arthur area. 3)Beaumont Botanical Gardens (BBG) Project: Renovation of Horticultural Center Requested: $39,389 9)Obana Three (Min Dai for Mural Fest) Funding for renovations of building by removing Event: Mural Fest 2026 fountain, leveling and installation Requested: $60,000 space. Funding for 2026 Mural Festival which uses public art to beautify downtown areas. 4)Beaumont Children’s Museum (BCM) 10)Onyx Cyber Program: Annual Programs, Advertising and 2026 Fish-Event: Onyx Con 2025 O-Rama Tournament Requested: $15,000 Requested: $61,500 Funding for the Onyx Conference to educate Funding for year-round programming and annual Fish-Beaumont’s youth with digital literacy and O-Rama Tournament plus marketing. cybersecurity. 11)Professional Football Capital of the World 5)Beaumont Heritage Society (BHS) Museum Foundation Project: Historical Preservation Event: Pro-Football Capital of World Weekend Requested: $18,000 Requested: $25,000 Funding for historical preservation measures for John J Funding for creation of website, social media and French Museum, with marketing for educational marketing to reach football enthusiasts for a programs. weekend event. 12)Texas Energy Museum (TEM) 6)Boomtown Film & Music Festival Program: Educational Programs & Events, Event: 2026 Boomtown Film Fest Exhibitions Requested: $11,000 Requested: $95,000 Funding for exhibitions, collections and educational downtown Beaumont which is expanding from two to a programs and marketing museum events. Page 2 of 7 HOT Grant Review & Selection Committee R ECOMMENDATION R EPORT FOR FY26 __________________________________________________________________________________________________________ A Hotel Occupancy Tax (HOT) is a tax charged to guests who stay in a hotel, motel, or overnight lodging. Under Texas law, local HOT revenue can onlybe used to directly promote tourism and the convention/hotel industry. This means the proceeds should be spent on projects or events that result in visitors or attendees staying overnight in the community, generating more hotel occupancy tax. The Beaumont Convention and Visitors Bureau (CVB), a department within the City of Beaumont, is funded exclusively through Hotel Occupancy Tax (HOT) dollars. The Beaumont CVB’s primary focus is to is to attract leisure tourists and business travelers, increase overnight stays and market Beaumont as a prime destination for conventions and meetings as well as its eco-tourism endeavors. In addition, the CVB has increased its promotional hin the City of Beaumont. Historically, besides funding the CVB, a portion of the Hotel Occupancy Tax (HOT) dollars has been designated towards the Civic and Art Funding which has supported local museums and art groups within the City of Beaumont. Initially this Civic & Arts funding was allocated for only three museums and an arts council to redistribute to other arts and humanities groups as a separate grant application process. Several years ago, funding was allocated for a fourth museum and arts council funding was shifted from the arts council to the in downtown Beaumont when that entity was created. assumed the management and administration of the Civic & Arts HOT funding by creating a competitive HOT Grants ns could apply. In 2023, eleven grant applications were submitted, and ten grants were awarded for a total of $300,000 for FY24. In 2024, twelve grant applications were submitted and ten grants were awarded for a total of $300,000 for FY25 In 2025, twelve grant applications were submitted. A total of $300,000 is the amount available to distribute for this Civic and Arts Funding HOT Grant cycle for FY26. The CVB Budget and HOT Grants Budget both have extremely limited funds available. While the HOT Grants Review and Selection Committee would love to support all the applicants with full funding, funding cuts are inevitable. The HOT Grants Selection Committee carefully reviewed each application request to be sure that the requests follow all the HOT Grant guidelines and comply with the stipulations set for HOT funds as set by the State Law, in safeguards in place to protect the public funds. Then, the HOT Grants Review Committee made allocation decisions, so that HOT Grant funds will be used properly and will bring in visitors that will stay in hotels and increase the return on investment by generating trackable hotel rooms, generating more HOT revenues. Therefore, the 2025 HOT Grants Review and Selection Committee makes these recommendations for distributing the HOT Funds for the Fiscal Year 2026 funding cycle as follows: Page 3 of 7 2025 HOT Grant Review & Selection Committee’sAllocation Recommendationsfor FY26: 1.Aimed Dance Amount Committee Recommended: $6,000 Amount Requested: $16,150 Committee Comments:The Aimed Dance Summer Festival has an established history of working with the Beaumont CVB Convention Sales Team to book and track hotel rooms. This event does bring in out-of-town choreographers for this two-week dance festival of classes and concerts. Since HOT funds must focus on brining in out-of-town visitors to stay overnight, it is recommended that these funds be used for marketing 50+ miles outside of City limits with a host hotel AND work oom block. 2.Art Museum of Southeast Texas Amount Committee Recommended: $80,000 Amount Requested: $104,013 Committee Comments: The Art Museum is an “anchor” museum on city property in downtown Beaumont and does the museum at the front desk with a guest register asking visitor statistics. Since HOT funds must focus on brining in out-of-town visitors to stay overnight, it is recommended that these funds be used for marketing 50+ miles outside of City limits with a host hotel AND work with the CVB 3.Beaumont Botanical Gardens Amount Committee Recommended: 0 Amount Requested: $39,389 Committee Comments: The project for which BBG requested does not meet the two-part test of putting ‘heads in beds’ nor the HOT Grant guidelines and criteria 4.Beaumont Children’s Museum Amount Committee Recommended: $55,000 Amount Requested: $61,500 Committee Comments: Because BCM has a history of trackable hotel rooms, having previously worked with CVB Convention Sales Team to book hotel rooms for their annual Fishing Tournament. BCM has the highest visitor count of any museum in area and is using HOT funding for marketing their museum and activities by using billboard on IH- 10 and other media. Since HOT dollars must focus on bringing in out-of-town visitors to stay overnight, it is recommended these funds be used for marketing 50+ miles outside of City limits with a host hotel for this event AND 5.Beaumont Heritage Society Amount Committee Recommended: $18,000 Amount Requested: $18,000 Committee Comments: Because the John Jay French Museum has increased its promotional efforts and marketing their events, activities, and tours for out-of-town visitors, this historic preservation project for the maintenance of this 180 year-old historic landmark does meet all the criteria for proper use of HOT funds In addition to their new children’s exhibit at the museum to increase attendance, plus the new Heritage Tourism initiative also shows their commitment to sharing the City’s downtown development. Since HOT dollars must focus on bringing in out-of-town visitors to stay overnight, it is recommended in addition to the preservation, these funds be used for marketing 50+ miles outside of block for their special events and/or create an overnight package as they develop their new Heritage Tourism initiatives. Page 4 of 7 2025 HOT Committee’s Allocation Recommendations for FY26(continued): 6.Boomtown Film and Music Festival Amount Committee Recommended: $11,000 Amount Requested: $11,000 Committee Comments:Boomtown Film Festival hasgrown and continuallyimproved its eventwitha history of trackable hotel rooms, having previously worked with CVB Convention Sales Team to book hotel rooms in prior years. In addition, the festival plans to expand from a 2-day to a 4-day event which will increase overnight stays. Furthermore, supports the City’s downtown development as all venues for the festival are located in downtown Beaumont and further assists Beaumont in its designation as a Film-Friendly City. Since HOT dollars must focus on bringing in out-of-town visitors to stay overnight, it is recommended these funds be used for marketing 50+ miles outside of City limits with a host hotel for this event AND work with CVB the hotel room block. 7.Downtown Beaumont Cultural Arts District Amount Committee Recommended: $30,000 Amount Requested: $32,000 Committee Comments: funding and for their promotion and presentation of cultural & arts-based events, festivals, and performances within the downtown Beaumont cultural district area, DBCAD is important for future growth of downtown. Since HOT dollars must focus on bringing in out-of-town visitors to stay overnight, it is recommended these funds be used for marketing 50+ miles outside of City hotel room block for their arts events as well as any of the arts groups which they fund through HOT funds as well, so that visitor statistics and tracking hotel nights can improve. 8.Mardi Gras of Southeast Texas Amount Committee Recommended: 0 Amount Requested: $45,000 Committee Comments: While this Mardi Gras festival had a trackable hotel sleeping room pickup history only for 2022, it was noted that this festival is primarily a fundraising project for their member non- with a stated their member non-, mostly located in Port Arthur. In addition, it is d Beaumont HOT Funds would be spent. In their budget, the advertising line is listed as $20,000 and in the grant application, it stated that this amount has already been covered by another grant agency. Therefore, the committee recommends not funding this festival. 9.Obana Three Amount Committee Recommended: $30,000 Amount Requested: $60,000 Committee Comments: While Mural Festival does bring in national and international mural artists for the weekend, this host hotel sleeping rooms block for the mural artists is booked and paid for by the Beaumont CVB. Only one sleeping room for two nights was trackable in 2025 that generated additional “heads in beds” revenue. It is recommended that Mural Fest use their HOT funds for city limits to increase the number of out-of-town visitors staying overnight in Beaumont. Since HOT dollars must focus on bringing in out-of-town visitors to stay overnight, it is recommended these funds be used for marketing generate the hotel room block. Page 5 of 7 2025 HOT Committee’s Allocation Recommendations for FY26(continued): 10.Onyx Cyber Amount Committee Recommended: 0 Amount Requested: $15,000 Committee Comments: While digital literacy and cyber security training for local youth may be of interest as a local educational opportunity, it was noted that or national association. As a result, this conference would not bring in out-of-area membership to stay overnight in a local hotel. Therefore, this project does not meet the HOT Funds criteria & guidelines to put “heads in beds.” In addition, shas been in operation for only a few months, it has not yet demonstrated that they have produced an event with funds. Therefore, the committee recommends not funding this event. 11.Prof. Football Capital of the World Museum Foundation Amount Committee Recommended: 0 Amount Requested: $25,000 Committee Comments: Shas been in operation for only a few months, it has not yet demonstrated that they have produced an event and is not yet operating as a physical museum or attraction. In addition, it was noted that this group is not football group nor museum association; so, there isn’t any membership to draw from in which put ‘heads in beds’ for the weekend project. Therefore, the committee recommends not funding this event. 12.Texas Energy Museum Amount Committee Recommended: $70,000 Amount Requested: $95,000 Committee Comments: While the Texas Energy Museum is one of the key museums downtown, the committee would like to see more updates and changes in the exhibits, programs and growth in events as well as expanding its presence during other city/community downtown events. The committee wants this museum to seek more, alternative funding sources for its operational needs. While less than requested, this amount is still substantial and keeps it in line with the funding level as the other downtown museums, particularly on the same city property. Since HOT dollars must focus on bringing in out-of-town visitors to stay overnight, it is recommended these funds be used for marketing 50+ miles outside of City limits with a events. Page 6 of 7 2025 HOT Committee’s Allocation Recommendations for FY26(continued): required careful consideration and evaluation with input by all the CVB HOT Grants Review & Selection Committee ations submitted compelling proposals, not all can be selected due to various reasons. It is important to note that the decision not to award funding &/or not to award full funding does not necessarily But the focus on the importance of the HOT Grant Application process, policies and guidelines and proper use of funds, which is vital to following the Texas Tax Code and State Law as it pertains to the use of HOT dollars, was part of the HOT Grants Review Committee’s process. Due to budget constraints, there is a limited amount of funds available and with an increasing number of grant applications, not every grant request visitors and overnight stays in Beaumont, thereby generating more Hotel Occupancy Tax funds in future. The 2025 HOT Grants Review Committee is recommending these above funding amounts for FY26 to the City Council and asks that they approve these recommendations. Page 7 of 7 2 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:May 6, 2025 REQUESTED ACTION: Council consider approving a resolution adopting the preliminary Consolidated Budget for the 2025 Annual Action Plan. BACKGROUND As mandated by the U. S. Department of Housing and Urban Development (HUD), City Council has conducted public hearing and work sessions in previous years prior to adopting the City' s Annual Action. Plan. Planning & Community Development staff, along with the Community Development Advisory Committee (CDAC), hosted a Public Hearing to receive public comments on the process and activities related to the 2025 Annual Action Plan. The proposed budget reflects estimated allocations of $1,392,979.00 in Community Development Block Grant (CDBG) funding, an estimated $2,000 in Program Income and $534,472.50 in HOME funding. Please note these amounts are subject to change before final adoption as we have not received the final appropriations from HUD yet. The proposed budget for the 2025 Program Year is attached to this item. FUNDING SOURCE U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds and Home Investment Partnership Funds (HOME). RECOMMENDATION Approve the Resolution. ATTACHMENTS Draft 2025 Consolidated Budget 2025 PROPOSED HUD Consolidated Grant Program Budget 3/27/2025 CDBG Funds Clearance and Demolition$ 240,000.00 Special Project TBD$ 50,000.00 Owner Occupied Minor Repair Program$ 624,383.20 Public Services (15%)$ 200,000.00 CDBG Admin (20%)$ 278,595.80 Total Entitlement$ 1,392,979.00 Program Income$ 2,000.00 Total CDBG $ 1,394,979.00 HOME Funds HOME Admin (10%)$53,547.00 CHDO Operating (5%)$ 26,774.00 CHDO Reserve (15%)$ 80,321.00 Entitlement (70%)$ 374,830.50 HOME Total$ 535,472.50 3 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Duncan Brown, Assistant Chief Financial Officer MEETING DATE:May 06, 2025 REQUESTED ACTION:Council to consider amending an ordinance containing the Master Fee Schedule. BACKGROUND On September 17, 2024, the City Council approved an ordinance adopting the City’s Master Fee Schedule. Subsequently, on November 19, 2024, the Council approved an ordinance amending the Master Fee Schedule to properly reflect the outside and inside-city rates for Water & Sewer. Staff have identified the need for an additional amendment to clarify and correct fees associated with Code Enforcement (Litter & Weeds), Planning & Zoning applications. Specifically, the originally adopted weed and litter fines contained clerical errors. The proposed amendment corrects those errors to ensure alignment with the existing ordinance, which authorizes conviction fines ranging from $50 to $1,000. This fees schedule amendment also includes moving the Vehicle Facility Storage Permit Fee to properly reflect it under the Police Department. Additionally, staff recommends the inclusion of two fees previously omitted from the adopted schedule: 1.ETJ Release Fee: Although presented to the Council in 2023, this fee was inadvertently excluded from the finalized Master Fee Schedule. An ETJ release is the formal process by which a city relinquishes its authority over land located just outside its boundaries. 2.Preliminary Plat Renewal with Approved Construction Drawings Fee: This new fee is proposed as a cost-saving measure for developers who possess approved construction plans but whose preliminary plat applications have expired (24 months). These renewals typically require less staff review time compared to new preliminary subdivision applications. These revisions are intended to improve accuracy, maintain consistency with existing ordinances, and support development efficiency. The updated fee schedule is attached as “EXHIBIT A.” See the highlighted fees in the attachment that have been updated. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the amended ordinance. ATTACHMENTS Exhibit A: Fiscal Year 2025 Master Fee Schedule 4 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:May 6, 2025 REQUESTED ACTION:Council consider a request for a Rezoning from GC-MD (General Commercial-Multiple Family Dwelling) District to R-S (Residential-Single Family Dwelling) District for the southern 2.43 acres of the residual 21.10 acre tract to the north and west of the existing Dylan Drive. BACKGROUND Richard Faust of Faust Engineering and Surveying, Inc., is requesting a Rezoning for 2.43- acres more or less located at the southern portion of the 21.10 acre tract located north and west of Dylan Drive. Mr. Faust seeks to change the zoning from GC-MD (General Commercial-Multiple Family Dwelling) District to R-S (Residential-Single Family Dwelling) District to develop a seventy-six (76) lot residential subdivision. According to the Comprehensive Plan the property is located within a “Contemporary Neighborhood Design Concept”, which is “a diversity of housing types an convenient access to parks, schools and shopping centers while still protecting single-family residential areas from intrusion of incompatible land uses and vehicular traffic.” The proposed residential zoning district and existing surrounding uses appear to align with the intent of the Comprehensive Plan. At a Joint Public Hearing held on April 21, 2025 the Planning Commission recommended 6:0 to approve the request for a Rezoning from GC-MD (General Commercial-Multiple Family Dwelling) District to R-S (Residential-Single Family Dwelling) District for the southern 2.43 acres of the residual 21.10 acre tract to the north and west of the existing Dylan Drive. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS Legal Description Staff Report 5 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Demi Engman, Director of Planning and Community Development MEETING DATE:May 6, 2025 REQUESTED ACTION:Council consider a request for a Specific Use Permit to allow a commercial warehouse and office park in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 1120 Wendelin Drive. BACKGROUND Matthew Cook, on behalf of ITEX, is requesting approval of a Specific Use Permit, to allow a commercial warehouse and office park at the property located at 1120 Wendelin Drive. Commercial occupancies such as contractor’s offices, retail, and professional offices are permitted outright within the GC-MD (General Commercial- Multiple Family Dwelling) District. However, the warehousing and distribution requires a Specific Use Permit. The site spans 10.3 acres and will include 15 buildings, offering a total of 105,000 square feet of leasable space. The project is designed to provide affordable commercial lease opportunities for small businesses that do not require heavy industrial facilities. It aims to support local contractors, small-scale storage, direct shipping operations, and online warehousing for local distribution. The proposed use specifically excludes businesses that need laydown yards, 18- wheeler access, or heavy industrial equipment. At a Joint Public Hearing held on April 21, 2025 the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a commercial warehouse and office park in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 1120 Wendelin Drive, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements of the City’s backflow, Pre-treatment, and/or F.O.G. program. 2. Construction shall comply with all applicable Building and Fire Codes. 3. The development shall comply with Section 28.06.006 Landscaping and screening requirements of the City of Beaumont Code of Ordinances. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements of the City’s backflow, Pre-treatment, and/or F.O.G. program. 2. Construction shall comply with all applicable Building and Fire Codes. 3. The development shall comply with Section 28.06.006 Landscaping and screening requirements of the City of Beaumont Code of Ordinances. ATTACHMENTS Legal Description Staff Report PUBLIC HEARING Council to conduct a Public Hearing to hear non-profit applicant requests for funding from the 2025 Community Development Block Grant Council to conduct a Public Hearing to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Kevin Don Covel at 7050 Donna Lane with a legal description of WOODLAND AC L3 B 8 and order the owners to abate public health nuisances within 10days. If the property owner fails to comply within 10days, staff is requesting City Council authorization to abate said property without further notification to the property owner of City Council action 6 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Kenneth Coleman, Director of Public Health MEETING DATE:May 6, 2025 REQUESTED ACTION:Council to consider an ordinance finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Kevin Don Covel at 7050 Donna Lane with a legal description of WOODLAND AC L3 B 8 and order the owners to abate public health nuisances within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to abate said property without further notification to the property owner of City Council action. BACKGROUND 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: WOODLAND AC L3 B 8 Violations: Failure to retrieve litter, Chapter 12 Offenses and Nuisances, Article 12.07.002 and Rodent Harborage, Chapter 10 Health and Sanitation, Article 10.04; Section 10.04.001 and 10.04.006. FUNDING SOURCE The General Fund RECOMMENDATION Approve the ordinance ATTACHMENTS WORK SESSION Council to review and discuss Overview of City code requirements and development standards Council to review and discuss Article 6, Gaming Sites and Gaming Machines, of the City’s Code of Ordinance