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HomeMy WebLinkAboutMIN AUG 13 2013 M I N U T E S - CITY OF BEAUMONT W.L. Pate, Jr.,At-Large BECKY AMES, MAYOR Gethrel Wright, Mayor Pro Tern Dr.Alan B. Coleman,Ward I CITY COUNCIL MEETING Michael D. Getz,Ward II Audwin Samuel,Ward III August 13, 2013 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 August 13, 2013, 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 1-5/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor James Blackwell of South Park Baptist Church gave the invocation. Aurora Williams, granddaughter of Gethrel Wright Williams led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tem Wright, Councilmembers Coleman, Getz, Pate, Samuel and Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda. None CONSENT AGENDA Approval of minutes —August 6, 2013 Confirmation of committee appointments — Resolution 13 - 166 Dana L. Timaeus would be reappointed to the Board of Adjustment (Zoning). The current term would expire May 12, 2015. (Mayor Becky Ames) Joey Hilliard would be reappointed to the Board of Adjustment (Zoning). The current term would expire February 17, 2015. (Mayor Becky Ames) Minutes—August 13,2013 Christy Amuny would be reappointed to the Board of Adjustment (Zoning). The current term would expire March 23, 2015. (Mayor Becky Ames) Dora Nisby would be reappointed to the Community Development Advisory Committee. The current term would expire July 5, 2015. (Mayor Pro Tern Gethrel Williams-Wright) Delores Comeaux Guidry would be reappointed to the Community Development Advisory Committee. The current term would expire July 10, 2015. (Mayor Pro Tern Gethrel Williams- Wright) Georgine Guillory would be reappointed to the Community Development Advisory Committee. The current term would expire June 11, 2015. (Councilmember Jamie D. Smith) William Sam would be reappointed to the Community Development Advisory Committee. The current term would expire June 11, 2015. (Councilmember Jamie D. Smith) Karl Duerr would be reappointed to the Police Department Community Advisory Committee. The current term would expire July 11, 2015. (Councilmember Mike Getz) Douglas Rathgeber would be reappointed to the Police Department Community Advisory Committee. The current term would expire July 11, 2015. (Councilmember Mike Getz) Barbara White would be reappointed to the Parks and Recreation Advisory Committee. The current term would expire August 6, 2015. (Councilmember Jamie D. Smith) Carl Briggs would be reappointed to the Parks and Recreation Advisory Committee. The current term would expire July 10, 2015. (Councilmember Jamie D. Smith) Steve McGrade would be reappointed to the Parks and Recreation Advisory Committee. The current term would expire July 14, 2015. (Councilmember W. L. Pate, Jr.) A) Approve a resolution approving a correction to the minutes of the December 18, 2012 City Council Meeting — Resolution 13 - 167 B) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Fairfield Phase III (A) Subdivision — Resolution 13 - 168 Councilmember Samuel made a motion to approve the Consent Agenda. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Minutes—August 13,2013 GENERAL BUSINESS 1. Consider a resolution to receive the proposed FY 2014 Budget and schedule a public hearing. Article VI, Section 2 of the City Charter requires that the proposed budget be submitted to the Council at least 45 days prior to the beginning of the new fiscal year. In addition, Section 4 requires Council to schedule a public hearing on the proposed budget. The Administration recommends that the public hearing be held on August 27, 2013, at 1:30 p.m. in Council Chambers, located at 801 Main Street. The City Clerk will publish the notice of the public hearing. Councilmember Wright moved to APPROVE A RESOLUTION THAT THE PROPOSED FY 2014 BUDGET HAS BEEN RECEIVED AND A PUBLIC HEARING IS HEREBY SCHEDULED FOR AUGUST 27, 2013 AT 1:30 PM IN THE CITY COUNCIL CHAMBERS, CITY HALL, 801 MAIN STREET, BEAUMONT, TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 13 - 169 2. Consider establishing and taking a record vote on the proposed 2013 tax rate and schedule public hearings. Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws in adopting their tax rate. According to Senate Bill 18, governing bodies are required to hold two public hearings when the proposed tax rate exceeds the lower of the rollback rate or the effective rate. Administration recommends Council establish a tax rate required to support the City Manager's proposed budget. In accordance with Chapter 26 of the Property Tax Code, if the proposed rate exceeds the lower of the rollback rate of$.929125/$100 or the effective tax rate of $.644426/$100, the City Council must take a record vote to place the proposal to adopt the rate on the agenda of a future meeting. The effective tax rate is the rate that would produce the same amount of taxes in FY 2014 as was produced in FY 2013 if it was applied to the same properties taxed in both years. The proposed tax rate of $0.690000/$100, exceeds the effective tax rate of$.644426/$100 by$.045574/$100. If the motion passes, two public hearings must be scheduled. It is recommended that the public hearings be held on August 27, 2013 and September 10, 2013 at 1:30 p.m. in the Council Chambers. Approval of resolution. Minutes—August 13,2013 Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE TAX RATE OF $0.69 BE AND IT IS HEREBY PROPOSED; AND THAT THE DATES OF AUGUST 27, 2013 AND SEPTEMBER 10, 2013 BE AND THE SAME ARE HEREBY SET AS THE DATES AT WHICH THE CITY COUNCIL WILL CONDUCT PUBLIC HEARING ON THE PROPOSED TAX RATE. Councilmember Smith Seconded the motion. A roll call vote was taken. Ayes: Mayor Ames: Yes Mayor Pro Tern Wright: Yes Councilmember Coleman: Yes Councilmember Getz: Yes Councilmember Pate: Yes Councilmember Samuel: Yes Councilmember Smith: Yes Nays: None MOTION PASSED Resolution 13 - 170 3. Consider a resolution to receive the proposed 2014 Capital Program and schedule a public hearing. The proposed 2014 Capital Program was originally submitted to Council on May 10, 2013. Revisions have been made to the original proposed document and are attached for your review. Article VI, Section 20 of the City Charter requires Council to schedule a public hearing on the proposed Capital Program. The Administration recommends that the public hearing be held on August 27, 2013, at 1:30 p.m. in Council Chambers, located at 801 Main Street. The City Clerk will publish the notice of the public hearing. Councilmember Samuel Wright moved to APPROVE A RESOLUTION THAT THE PROPOSED FY 2014 CAPITAL PROGRAM HAS BEEN RECEIVED AND A PUBLIC HEARING IS HEREBY SCHEDULED FOR AUGUST 27, 2013 AT 1:30 PM IN THE CITY COUNCIL CHAMBERS, CITY HALL, 801 MAIN STREET, BEAUMONT, TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, PATE, SAMUEL AND SMITH NAYS: COUNCILMEMBER GETZ MOTION PASSED Minutes—August 13,2013 Resolution 13 - 171 4. Consider an ordinance amending Chapter 14 of the Code of Ordinances conoerningfees at the Henry Homberg Golf Course. At the Work Session on August 6, City Council reviewed and discussed the fees and charges at the Henry Homberg Golf Course. Approval of the ordinance. Councilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 14, ARTICLE 14.04, SUBSECTION 14.04.012 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS; PROVIDING FOR HENRY HOMBERG GOLF COURSE FEES AND CHARGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 13 - 048 5. Consider a resolution approving a plan of foreclosure of the Hotel Beaumont property, ratifying the prior assignment of notes and liens previously assigned to HUD and approving the transfer of title to the Hotel Beaumont property to the Beaumont Housing Finance Corporation subject to the outstanding notes and liens to HUD. Since the time the City purchased Hotel Beaumont in March 2012 it has been working with HUD to get approval to allow the conveyance of clear title and extinguish a third party interest in the property held by the Department of Health and Human Services. In order to clear the title to the property, it will be necessary to foreclose the liens assigned to HUD which should extinguish the DHHS' interest. HUD has approved the plan of foreclosure proposed by the City. The plan generally involves the ratification of the assignment of the notes and liens to HUD, conveying title to the Hotel Beaumont property to the Beaumont Housing Finance Corporation subject to the outstanding notes and liens assigned to and held by HUD. HUD will subsequently reassign the notes to the City with the City owning the notes and liens and the ownership of the property held by the Beaumont Housing Finance Corporation. The liens will be foreclosed at a public foreclosure sale which would also extinguish all junior liens and encumbrances including the DHHS' interest. Assuming the City is the successful bidder at the foreclosure sale, the City would then have acquired title to Hotel Beaumont and can proceed to sell the property on the open market. Minutes—August 13.2013 In order to move forward, it is necessary for the Council to approve the foreclosure plan, authorize the ratification of the prior assignment of the notes and liens to HUD and authorize the transfer of title to Hotel Beaumont to the Beaumont Housing Finance Corporation. Approval of resolution. COuncllmember Coleman moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE FOR FILING IN THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS A SPECIAL WARRANTY DEED CONVEYING THE TITLE TO THE PROPERTY COMMONLY KNOWN AS THE HOTEL BEAUMONT TO THE BEAUMONT HOUSING FINANCE CORPORATION SUBJECT TO THE OUTSTANDING NOTES AND LIENS IN FAVOR OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Councilmember Pate seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE ABSTAIN: MAYOR PRO TEM WRIGHT MOTION PASSED Resolution 13 — 172 COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - NONE COUNCILMEMBER GETZ- COMMENTED ON A STATEMENT THAT WAS MADE THAT A WATERPARK HAD BEEN UNDER CONSIDERATION FOR FOUR YEARS PRIOR TO HIS ARRIVAL ON CITY COUNCIL, IT'S BEEN SIX YEARS THAT A WATERPARK HAS BEEN UNDER CONSIDERATION BY THE COUNCIL, THE VOTE TODAY TO NOT EVEN CONSIDER PUTTING THE WATER PARK INTO THE CAPITAL PROGRAM FOR CONSIDERATION SHOWS THAT COUNCIL IS NOT ONE STEP CLOSER TO GETTING THE WATERPARK THAN SIX YEARS AGO, THIS IS UNFORTUNATE, STATED HE'S DISAPPOINTED AT THE FAILURE OF COUNCIL TO DO SOMETHING THAT HAD NO DOWNSIDE AND ONLY A POTENTIAL UPSIDE, HOPES THIS COUNCIL CAN RECOGNIZE THAT THERE ARE THINGS THAT NEED TO BE DONE IN THIS CITY TO MAKE IT A MORE ATTRACTIVE PLACE TO LIVE, HOPE THEY HAVE THE VISION TO DO SO WHEN ITEMS OF THIS SORT COME BEFORE THEM IN THE FUTURE, IF WE DON'T FEARS BEAUMONT WILL BECOME NOTHING MORE THAN A PLACE TO STOP AND GET SOMETHING TO EAT WHILE TRAVELING INTERSTATE 10 Minutes—August 13, 2013 MAYOR PRO TEM WRIGHT - STATED SHE RECEIVED SEVERAL CALLS FROM SENIORS ASKING WHY THEY HAVE TO GO TO STERLING PRUITT FOR THEIR WATER CLASSES, WANTED TO KNOW WHAT COULD BE DONE TO GET THE CLASSES BACK AT ALICE KEITH PARK COUNCILMEMBER PATE - COMMENTED ON THE TRANSPORTATION AND INFRASTRUCTURE SUMMIT THAT HE ATTENDED, THERE WERE SOME REALLY GREAT IDEAS SHARED TO ENHANCE THE COMMUNITY, PORTS, AIRPORTS, AND ROADS,THESE ARE ITEMS HE WILL BE SHARING WITH COUNCIL,ALSO COMMENTED ON LAMAR UNIVERSITY FOOTBALL, THEIR FIRST GAME WILL BE AUGUST 31, 2013 COUNCILMEMBER SAMUEL - ANNOUNCED THE BACK TO SCHOOL SUPPLY DRIVE AT 8:00 A.M.,AT THE STERLING PRUITT CENTER,AS WELL AS THE NEIGHBORS IN THE PARKS FROM 3:00 P.M.TO 9:00 P.M.,WITH CONCERTS IN THE PARK TO FOLLOW AT MAGNOLIA PARK, COMMENTED ON LAMAR UNIVERSITY, STATED THAT BEAUMONT WILL NEVER BE A PLACE TO JUST STOP AND EAT COUNCILMEMBER SMITH - NONE CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - STATED THAT THERE ARE A LOT OF THINGS TO DO IN BEAUMONT, TAKES EXCEPTION TO SOME OF THE COMMENTS THAT WERE PREVIOUSLY MADE, MENTIONED THAT THIS COUNCIL HAS BEEN VERY PROGRESSIVE,THIS COUNCIL HAS DONE MORE IN THE LAST SIX YEARS THAN WHAT HAS BEEN DONE IN THE LAST THIRTY YEARS, DOESN'T THINK BY TRYING TO PUT SOMETHING ON A PIECE OF PAPER IS GOING TO MAKE A DIFFERENCE WHETHER THE COUNCIL WANTS TO DO SOMETHING WITH A PRIVATE COMPANY OR PUT A BOND ISSUE BEFORE THE CITIZENS,DOESN'T THINK TAXES SHOULD BE RAISED FOR A WATER PARK,WHAT SHE THINKS CAN BE CONTINUED IS CONCERTS IN THE PARK, NEIGHBORS IN THE PARK, LUNCH ON THE LAKE ETC., ALSO ANNOUNCED THE GRAND OPENING OF THE SKATE PARK THIS WEEK,ALSO COMMENTED Minutes—August 13,2013 ON A CALL SHE RECEIVED FROM A CITIZEN IN REGARDS TO SPRAY PARKS THE CITY HAS AT LEAST EIGHT SPRAY PARKS Public Comments (Persons are limited to three minutes) Stephen Watson 6015 Townhouse Ln. BeaumontTX Stated that last week he asked personally for leaders of the city to join him in helping to resolve two things, quoted what he said, "needs Council's iron will to resolve"the problems caused by the school district and turmoil and ever increasing racial tension, the responses focused solely on the former and the lateral was ignored, here again today to asked council to do everything in their power to address these two issues, stated that he knows that a council cannot interject themselves into an administration of another legally elected body, stated he didn't make any such suggestions, as leaders of our community Council can and should do everything in their power to steer this city away from the humiliation of a state agency taking over their school system, to help bring people together in unity for everyone's common good, perhaps it's too late to prevent the state from taking over, but it's not too late for everyone to act to prevent racial division from growing like the social cancer that it is Jonathan Cassidy 1475 IH 10 East BeaumontTX Commented on a press release from the Texas Department of Licensing and Regulations, stated he received an apology from them regarding a past problem on Facebook Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Open session of meeting recessed at 2:43 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Johnny Owens Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit. Gilbert Building - 328 Bowie Street Minutes—August 13.2013 There being no action taken in Executive Session, Council adjourned. Audi vailable upon request in the City Clerk's Office. Becky Am ayor U ' t, r, w f LU Tina Broussard, City Clerk tsf ,.. Cam,, Minutes—August 13, 2013