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Home My WebLink AboutMINS APR 19 2011 M I N U T E S - CITY OF BEAUMONT W.L. Pate, Jr., Mayor Pro Tem BECKY AMES, MAYOR Gethrel Williams-Wright,At Large Dr.Alan B. Coleman,Ward I CITY COUNCIL MEETING Ward II Audwin Samuel,Ward III April 19, 2011 Jamie Smith,Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on April 19, 2011, 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 Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Rabbi Joshua Taub of Temple Emanuel gave the invocation. Traylen Hammond, student at Austin Middle School, led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tem Pate, Councilmembers Coleman, Wright, Samuel and Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Love Thy Neighbor Month" - April, 2011 - Proclamation read by Councilmember Coleman; accepted by Norma Sampson with Temple Emanuel "Twenty Fifth Anniversary Celebration of the McFaddin-Ward House Museum" - Proclamation read by Mayor Ames; accepted by Allen Lee and Arlene Christiansen with McFaddin-Ward House Museum "Motorcycle Safety and Awareness Month" -April, 2011 - Proclamation read by Mayor Pro Tem Pate; accepted by Zack Waybright, Chairman of the Safety Committee "Sexual Assault Awareness and Prevention Month" -April, 2011 - Proclamation ready by Councilmember Smith; accepted by the Students from Austin Middle School "National Autism Awareness Month" - April, 2011 - Proclamation ready by Councilmember Wright; accepted by Gary Hildago with the Spindletop Center Minutes—April 19,2011 "Second Annual Arc of Greater Beaumont Awareness Week" - April 25-29, 2011- Proclamation ready by Councilmember Samuel; accepted by Kathleen Kruger Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda. Michael Matthews 5965 Town House Ln. Beaumont TX Spoke in regards to Item#3 on the agenda; asked that Council vote in favor of the Calder Historic Antiques District, stated that everyone is very excited about the Antique District Mark Viator 2280 Edson Dr. Beaumont TX Spoke in regards to Item #1 on the agenda; disannexation of the 436.81 tracts of land at 6275 Hghway 347 CONSENT AGENDA Approval of minutes - April 5, 2011 and April 12, 2011 Confirmation of committee appointments - None A) Authorize the City Manager to execute a Lease Agreement with the State of Texas for coastal public lands at Riverfront Park— Resolution 11 — 131 B) Authorize the settlement of the claim of McInnis Construction, Inc. - Resolution 11 - 132 C) Authorize the settlement of the lawsuit styled Beaumont Police Officers Association vs. City of Beaumont Texas, et al, Cause No. A-186,653 - Resolution 11 - 133 D) Authorize the settlement of the lawsuit styled Beaumont Police Officers Association vs. City of Beaumont Texas, et al, Cause No. E-187,102 - Resolution 11 - 134 Councilmember Wright made a motion to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS Minutes—April 19,2011 1. Consider a request for the disannexation of a 436.81 acre tract of land located at 6275 Highway 347. Administration recommended approval of the disannexation of a 436.81 acre tract of land located at 6275 Highway 347. The subject property was part of 2,600± acres annexed into the City in 1988. In 2001, Oiltanking Beaumont Partners, L.P. purchased approximately 1,400 acres of land and improvements consisting of docks, tanks, and related pipelines from BP/Amoco. Oiltanking Beaumont has added in excess of$100 million of investment since its purchase. In 2009, Oiltanking Beaumont paid approximately$570,000 in property taxes based on$89 million of property value to the City of Beaumont. Oiltanking Beaumont is a bulk liquid storage terminal that stores and transports hydrocarbon liquids and chemicals. Most of Oiltanking Beaumont's customers are the various refining and chemical companies located within Southeast Texas. Most terminals like Oiltanking Beaumont's are located within industrial districts. They have industrial district contracts with the respective cities and make payments in lieu of taxation and annexation. Oiltanking Beaumont would like to have a similar structure for its Beaumont facilities so it can compete with terminals in other cities' industrial districts. At Joint Public Hearings held March 21 and March 28, 2011, the Planning Commission voted 6:0 to approve disannexation of a 436.81 acre tract of land located at 6275 Highway 347. In lieu of property taxes, Oiltanking Beaumont, L. P. will enter into an industrial district contract with the City of Beaumont. Mayor Pro Tem Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE DISANNEXING A 436.81 ACRE TRACT OF LAND OUT OF THE PHELAM HUMPHRY LEAGUE,ABSTRACT 32, LOCATED AT 6275 HIGHWAY 347 FROM THE CORPORATE LIMITS OF THE CITY OF BEAUMONT, TEXAS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 11 - 032 2. Consider authorizing the City Manager to execute an Industrial District Contract with Oiltanking Beaumont Partners, LP. Administration recommended approval. Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located outside the city limits. Minutes-April 19,2011 Oiltanking Beaumont Partners, LP, has requested the disannexation of a 436.81 acre tract of land located at 6275 Highway 347. As with other companies in our extraterritorial jurisdiction, the City is entering into an industrial district contract with the company. The agreement will be effective upon the date of disannexation through 2015. The in-lieu of tax payment will be based on a combination of the values of the existing property on the tax roll at the date of disannexation and the values of any improvements made subsequent to the date of disannexation. The tax payment related to the property on the tax roll at the time of disannexation will be paid at 100% of property taxes due to the City, as if the industry were located within the city limits, for the duration of the contract. Any new improvements made subsequent to disannexatioh will be 75% of property taxes due to the City in 2012 through 2015. The 2012 payment will be calculated based on 100% of the assessed value of the existing property added to the 75% of the assessed value of any new improvements multiplied by the tax rate effective on October 1, 2011. Payments for 2012 will be due to the City on February 1, 2012. In 2009, Oiltanking Beaumont paid approximately$570,000 in property taxes to the City of Beaumont, based on $89 million of property value. The City of Beaumont will not lose any tax revenue on the existing property by entering into this agreement. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT CONTRACT WITH OILTANKING BEAUMONT PARTNERS, L.P. Mayor Pro Tern Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 11 - 135 3. Consider approving a resolution designating a portion of Calder Avenue as the Calder Historic Antiques District. Administration recommended approval. One of the anticipated benefits of the Calder project is to provide a revitalized and enhanced retail area in this central part of the city. It was and is anticipated that the new streetscape on Calder would encourage additional shopping traffic and encourage new businesses to locate along Calder in response to this traffic. Along with restaurants, bakeries and coffee shops, antique shops offer one of the best opportunities to attract new visitors to Calder. These businesses utilize historic buildings, located along Calder, as showplaces for their merchandise. In cooperation with the Southeast Texas Antique Dealers Association, more than nine (9) antique dealers have been identified just along one portion of Calder. Attached is a map of the proposed Calder Historic Antiques District, running from the Mildred Building,just east of MLK, to the interstate on the west. The purpose of the district is to bring attention to the antique dealers located there as well as encourage additional dealers to locate along Calder. Directions to the district will be provided through new way finding signs and the Minutes-April 19,2011 district itself would be identified with banners. This designation, along with marketing materials from the Beaumont Convention and Visitors Bureau and the Antique Dealers Association should help to identify the area as an antiques destination, attracting visitors not just from our area, but beyond. Economic Development Initiative (EDI) funds and the Capital Reserve Fund may be used for signs for the district. Mayor Pro Tern Pate made a motion to APPROVE A RESOLUTION THAT AN AREA ALONG CALDER AVENUE BE DESIGNATED AS THE CALDER HISTORIC ANTIQUES DISTRICT. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 11 - 136 COUNCILMEMBER COMMENTS COUNCILMEMBER SAMUEL- ANNOUNCED THAT HE IS A PROUD GRANDPARENT FOR THE FIRST TIME, ALSO ON SATURDAY, APRIL 23, 2011, FROM 10:00 A.M.TO 12:00P.M.THE BRICKYARD NEIGHBORHOOD ASSOCIATION WILL BE HOSTING A MONEY MANAGEMENT SEMINAR AT ST. LUKE MISSIONARY BAPTIST CHURCH COUNCILMEMBER SMITH - THANKED ALL OF THE SPONSORS FOR THE SENIOR DAY OUT EVENT AS WELL AS COUNCILMEMBERS THAT ATTENDED, ALSO THANKED THE 100 BLACK MEN OF GREATER BEAUMONT FOR THEIR SCHOLARSHIP FUND MAYOR PRO TEM PATE - COMMENTED ON THE MAYOR WINNING THE ATHENA AWARD, COMPLIMENTED A FORMER BEAUMONT RESIDENT, RON PETIT, WHO DESIGNED THE FIRE FIGHTER MEMORIAL, THANKED ZONA .ZONES, MARK CHESTNUT, BLUE BROUSSARD AND CLAY WALKER FOR THE BEAUMONT BOYS BASH FUND RAISER,WISHED EVERYONE A HAPPY EASTER COUNCILMEMBER WRIGHT- ENCOURAGED EVERYONE TO VISIT THE FIRE FIGHTER MEMORIAL,COMMENTED ON THE FORUM REGARDING THE AL PRICE UNIT AND THE TEXAS YOUTH COMMISSION,WISHED EVERYONE A HAPPY EASTER, CONGRATULATED COUNCILMEMBER SAMUEL ON HIS NEW GRANDCHILD COUNCILMEMBER COLEMAN - CONGRATULATED LAURA BROUSSARD WHO WAS CROWNED THE NEW NECHES RIVER FESTIVAL QUEEN, SHE IS THE DAUGHTER OF CHRIS AND MARTIN BROUSSARD, THANKED Minutes—April 19,2011 THE FIRE MUSEUM BOARD AND RON PETIT FOR THE FIRE FIGHTER STATUE,WISHED EVERYONE A HAPPY EASTER CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR AMES - ENCOURAGED EVERYONE TO GO BY AND VIEW THE RON PETIT FIRE FIGHTER MEMORIAL STATUE, COMMENTED ON THE FORUM THAT WAS HELD ON SATURDAY REGARDING THE TEXAS YOUTH COMMISSION AND AL PRICE UNIT, THE GIFT OF LIFE FUND RAISER CHAMPAIGN AND RIBS AND THE NECHES RIVER FESTIVAL, WISHED EVERYONE A HAPPY EASTER Public Comments (Persons are limited to three minutes) Mike Getz 7950 Phelan Beaumont TX Thanked Council for opening up the Tennis Court that is under construction at the Municipal Tennis Center, it is really appreciated to have the extra courts, there are plans in place to expand the tennis court facility even more, the council is urged to consider the plans, there's funding opportunities in the way of grants available through the UFTA as well as private citizens in the community who would be willing to contribute to this cause Open session of meeting recessed at 2:35 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: City of Beaumont v. Howard Johnson Express, IMH, LLC Starvin Marvins Bar and Grill LLC vs. City of Beaumont, et al, Cause No. E-189,628 There being no action taken in Executive Session, Council adjourned. A io available upon request in the City Clerk's Office. Bec m M , ayor i Tina Broussard, City Clerk Minutes—April 19,2011