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HomeMy WebLinkAboutMIN OCT 28 2014M I N U T E S- CITY OF BEAUMONT W.L. Pate, Jr., At -Large BECKY AMES, MAYOR Gethrel Wright, At -Large Dr. Alan B. Coleman, Mayor Pro Tern CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III October 28, 2014 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 October 28, 2014, 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 6 -7 /Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Ralph Perkins, Associate Pastor of the House of Prayer Missionary Baptist Church gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Coleman, Councilmembers Getz, Wright, Pate and Smith. Absent: Councilmember Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Councilmember Samuel was absent due to work. Proclamations, Presentations, Recognitions Presentations (3) Sherry Ulmer, Public Health Director, City of Beaumont, spoke regarding Ebola Preparations Becky Stedman, spoke regarding the Farmer's Market Jean Moncla, Vice President and Trust Officer, Wealth and Asset Management with Capital One Bank Proclamation "National Adoption Day" - October 29, 2014 - Proclamation read by Councilmember Smith; accepted by Shari Pulliam, Media Specialist Region 4/5, Texas Department of Family and Protective Services Minutes — October 28, 2014 Public Comment: Persons may speak on scheduled agenda items 6 -7 /Consent Agenda. Fabian T. Moye 5480 Washington Blvd. Beaumont TX Spoke in regards to Item F on the Consent Agenda; terminating a contract with CIMA Utility of Beaumont for mowing privately -owned developed and vacant properties and awarding the contract to Texas Institute of the Blind and Handicapped Industries, asked that Council give him an opportunity to fulfill his contract, has had some problems with employees and equipment, stated that he has gotten things straightened out and employees are out mowing on today to catch up CONSENT AGENDA Approval of minutes - October 14, 2014 Confirmation of committee appointments - None A) Authorize the City Manager to execute a new lease agreement with the Texas Energy Museum — Resolution 14 - 229 B) Authorize the City Manager to execute all documents necessary to accept funding from The Texas Department of State Health Services awarded to the Beaumont Public Health Department's WIC Division — Resolution 14 - 230 C) Authorize the City Manager to amend a contract with the Texas Department of Housing and Community Affairs for FY 2013 Emergency Solutions Grant (ESG) funds — Resolution 14-231 D) Approve a change order to the contract with Allco, LLC, related to the Grit Pump Replacement — Wastewater Treatment Plant Project — Resolution 14 - 232 E) Approve a resolution accepting the Certified Tax Roll Summaryforthe tax year2014 (fiscal year 2015) — Resolution 14 - 233 F) Approve a resolution terminating a contract with CIMA Utility of Beaumont for mowing privately -owned developed and vacant properties and awarding a contract to Texas Institute of the Blind and Handicapped Industries for the same — Resolution 14 - 234 G) Approve the payment of $650 to settle outstanding liens for litter and weed abatement on property at 2400 Rusk Street, legally described as Oaks L18 B14 — Resolution 14 - 235 Mayor Pro Tern Coleman moved to approve the Consent Agenda. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SMITH Minutes — October 28. 2014 NAYS: NONE MOTION PASSED GENERAL BUSINESS Consider an ordinance for a zone change from A -R (Agricultural - Residential) to RM -H (Residential Multiple Family Dwelling- Highest Density) or a more restrictive zoning zoning district at 4525 N. Major Drive. Phuc N. Le has applied for a zone change. Mr. Le is purchasing the property from Ms. Linda Chester who represents the estate of Leroy Minton. The 4.981 acre tract is located at 4525 N. Major Drive. Once the property has been purchased, Mr. Le plans to construct a new apartment complex. At a Joint Public Hearing held October 20, 2014, the Planning Commission recommended 5:0 to approve a zone change from A -R (Agricultural - Residential) to RM- H (Residential Multiple Family Dwelling- Highest Density) District at 4525 N. Major Drive. Approval of ordinance. Councilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED A -R (AGRICULTURAL - RESIDENTIAL) DISTRICT TO RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING — HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 4525 N. MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Mayor Pro Tern Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 14 - 054 2. Consider an ordinance for a specific use permit to allow a gift shop and gaming room in an NC (Neighborhood Commercial) District at 3890 Highland Avenue. Andy D. Phan has applied for a specific use permit. Minutes — October 28, 2014 Mr. Phan would like to operate a gift shop and gaming facility containing 32 eight -liner machines at 3890 Highland Avenue. Customers would only be able to receive gifts under $5 in value, as prizes. Hours of operation will be from 10 a.m. until 9 p.m., Monday through Friday and 12 p.m. through 6 p.m. on Sunday. The store will be closed on Saturday. As long as the game room does not exceed 35% of the gross floor area, parking will be sufficient. If parking should exceed 35% of the gross floor area, parking will need to be increased for the use to be in compliance. At a Joint Public Hearing held October 20, 2014, the Planning Commission recommended 4:1to approve a specific use permit allowing a gift shop and gaming room in an NC (Neighborhood Commercial) District at 3890 Highland Avenue, subject to the following condition: 1) As long as the game room does not exceed 35% of the gross floor area, parking will be sufficient. If parking should exceed 35% of the gross floor area, parking will need to be increased for the use to be in compliance. Approval of ordinance. Mayor Pro Tern Coleman moved to ADOPT AN ORDINANCE A GRANTING A SPECIFIC USE PERMIT TO ALLOW A GIFT SHOP AND GAMING ROOM IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT AT 3890 HIGHLAND AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS WITH THE CONDITIONS. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, AND PATE NAYS: COUNCILMEMBER SMITH ABSTAIN: COUNCILMEMBER WRIGHT MOTION PASSED Ordinance 14 - 055 3. Consider an ordinance for a specific use permit to allow a behavioral and academic center /secondary school in a GC -MD (General Commercial - Multiple Family Dwelling) District at 4960 Washington Boulevard. Jennifer Ford, C.E.O. of Starpoint Educational Enrichment Center, L.L.C., requested a specific use permit. Minutes — October 28. 2014 Ms. Ford would like to utilize the property as a behavioral and academic center /secondary school offering behavioral therapies for students ages 3 -21 who are diagnosed with Autism Spectrum Disorder (ASD) and other neurological or cognitive syndromes, as well as a general education Pre -K Program. The proposed use will employ eight (8) teachers /teacher assistants, one (1) nurse and six (6) administrative staff. The facility will serve 112 students. Hours of operation will be 8 a.m. to 6 p.m. Monday through Friday. At last months' meeting, a discussion arose regarding access and circulation of traffic. Further review of the parking lot has brought a concern to the efficient movement of vehicles in and out of the area. With the arrangement of parking stalls and the proposed parallel parking along the fence opposite the parking lot it would be very difficult and unsafe for 100 vehicles to enter and exit the property without a turnaround in place already. It is possible that the paved area beyond the gates could be utilized as such an area, however, this area has been designated as an outdoor play area for the school children, a use that conflicts permitting traffic to circulate within the property. A second concern would be congestion that could cause lines of vehicles parked along Washington Boulevard during peak traffic flow. At a Joint Public Hearing held October 20, 2014, the Planning Commission recommended 5:0 to deny a specific use permit to allow a behavioral and academic center /secondary school in a GC -MD (General Commercial - Multiple Family Dwelling) District at 4960 Washington Boulevard. Denial of ordinance. COuncilmember Wright moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE DENYING A SPECIFIC USE PERMIT TO ALLOW A BEHAVIORAL AND ACADEMIC CENTER/SECONDARY SCHOOL IN AN GC -MD (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING ) DISTRICT AT 4960 WASHINGTON BOULEVARD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS WRIGHT, PATE AND SMITH NAYS: NONE ABSTAIN: COUNCILMEMBER GETZ MOTION DENIED 4. Consider an ordinance approving the revocation of a specific use permit to allow antique furniture restoration in an RCR -H (Residential Conservation and Revitalization - Historic) District at 1801 North Street. Minutes — October 28, 2014 The City of Beaumont Planning Division has applied for the revocation of a specific use permit. In August, 2012, the City Council approved a specific use permit to Mr. Rodney Cooley to allow antique furniture restoration at 1801 North Street with the condition that he: 1. Replace the 6' tall wood screening fence missing along the west property line and install a 4' tall wood screening fence or a 6' wide landscape bed along the west 26' of the north property line. A recent inspection of the property showed that the condition had not been met. Mr. Cooley was notified of the violation, but failed to bring the property into compliance. On September 30, 2014, a certified letter was sent to Mr. Cooley notifying him of this impending hearing to revoke the specific use permit. This property has been an issue for some time now. Beginning in early 2013, Mr. Cooley was notified that he had not completed a Certificate of Occupancy. Since then charges have been filed for two separate counts of failure to obtain a Certificate of Occupancy and comply with the specific use permit condition as well as one count of furniture kept outside. To date, Mr. Cooley has refused to pay a fine or appear before Municipal Court. Water records show that Mr. Cooley has never opened an account with the water department, however he continues to place heavy trash at the curb for pick -up. The attached inspection report shows the scope of work involved. Revocation of this specific use permit would be one additional tool to obtain compliance for the specific use permit requirements. At a Joint Public Hearing held October 20, 2014, the Planning Commission recommended 5:0 to approve the revocation of a specific use permit to allow antique furniture restoration in an RCR -H (Residential Conservation and Revitalization- Historic) District at 1801 North Street. Approval of ordinance. Councilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE APPROVING THE REVOCATION OF A SPECIFIC USE PERMIT WHICH ALLOWED AN ANTIQUE FURNITURE RESTORATION USE IN AN RCR -H (RESIDENTIAL CONSERVATION AND REVITALIZATION- HISTORIC) DISTRICT AT 1801 NORTH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Minutes — October 28, 2014 Ordinance 14 — 056 PUBLIC HEARING Receive comments on allowing the Mission Economic Development Corporation in Mission, Texas to issue Solid Waste Disposal Revenue Bonds, Series 2014 in an estimated amount not to exceed $100 million to finance waste to energy facilities to be located at or near the Beaumont city landfill Open: 2:13 p.m. None Close: 2:13 p.m. 5. Consider an ordinance allowing the Mission Economic Development Corporation in Mission, Texas to issue Solid Waste Disposal Revenue Bonds, Series 2014 in an estimated amount not to exceed $100 million to finance waste to energy facilities to be located at or near the Beaumont city landfill. On August 12, 2014, the City Council approved an ordinance for the issuance of Solid Waste Disposal Revenue Bonds Series 2014 for the benefit of Fair Energy Operations /Beaumont, LLC in the amount of $50 million. Since that time, circumstances have changed and the total amount of the revenue bond offering is now $100 million in order to finance facilities in Beaumont and Angleton, Texas. Mission Economic Development Corporation (MEDC) in Mission, Texas will continue to serve as the governmental issuer of the bonds. However, it remains necessary to obtain the consent of the governing body where the facilities will be located. As was indicated previously, the granting of approval by the City Council does not obligate the City in any way with respect to the bonds or the facility, or to otherwise assume any liability with respect to the issuance of the bonds. State law and federal tax law requires a public hearing be conducted to allow comments with respect to the project and issuance of the Series 2014 revenue bonds. Approval of ordinance. Councilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE THAT THE CITY COUNCIL AS THE "APPLICABLE ELECTED REPRESENTATIVE" IS ALSO REQUIRED IN CONNECTION WITH THE ISSUANCE OF THE SERIES 2014 BONDS IN ORDER TO SATISFY THE REQUIREMENTS OF SECTION 147(F) OF THE INTERNAL REVENUE CODE AND THE CITY COUNCIL DESIRES HEREBY TO GIVE SUCH APPROVAL. Councilmember Smith seconded the motion. Minutes — October 28, 2014 AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 14 — 057 6. Consider an ordinance denying the Entergy Texas Application for a Distribution Cost Recovery Factor rate increase on file with the City of Beaumont. On or about September 18, 2014, Entergy Texas filed with each city in its service area an Application for Approval of a Distribution Cost Recovery Factor (DCRF). Entergy has also filed the same application with the Public Utility Commission of Texas covering its customers located outside the Cities' boundaries. Entergy is requesting the implementation of a rider that would collect approximately $7 million in additional annual revenue to cover increased distribution expenses. Residential customers would be charged approximately $4.5 million or 64% of the requested increase, which amounts to approximately $0.78 per month for an average residential customer using 1000 kWh per month. The cities' retained utilities attorney and rate consultants have analyzed this request and are recommending denial of the application. The reason for denial is based primarily on the fact that the proposed adjustments are inconsistent with the directives of the PUC as it pertains to a DCRF. The Public Utilities Commission developed a detailed formula that utilities must follow when calculating the revenue requirements for a DCRF. The preliminary findings of the rate consultants indicate that both of the adjustments proposed by Entergy do not conform with the mandated formula. This deviation in calculations results in an overstatement of the need for the requested DCRF rate increase. Denial of the application by the cities would allow for the appeal to the PUCT for a full review and ultimate resolution. Approval of ordinance. Councilmember Smith moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE BY THE CITY OF BEAUMONT, TEXAS ( "CITY ") DENYING THE DISTRIBUTION COST RECOVERY FACTOR RATE INCREASE REQUEST OF ENTERGY TEXAS, INC. FILED ON SEPTEMBER 18, 2014; SETTING JUST AND REASONABLE RATES FOR ENTERGY TEXAS, INC. FOR SERVICE WITHIN THE MUNICIPAL LIMITS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SMITH NAYS: NONE Minutes — October 28, 2014 MOTION PASSED Ordinance 14 — 058 WORK SESSION Review and discuss proposed changes to rental rates charged at various Event Facilities Kyle Hayes, City Manager discussed the proposed changes to rental rates charged at various Event Facilities. There was discussion of prices to be implemented from the current fee to a new fee for the Civic Center, Julie Rogers Theatre, Jefferson Theatre, Event Centre, Great Lawn, Riverfront Park, John Paul Davis Community Center and the Showmobile for commercial and noncommercial fees. COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - COMMENTED ON THE BUDDY WALK THAT TOOK PLACE AT THE EVENT CENTRE, LEGACY'S CHILI COOK OFF WHICH WAS VERY WELL ATTENDED, LU'S HOMECOMING THIS WEEKEND, BPD AND THE STERLING PRUITT WILL BE HAVING THE TRUNK OR TREAT ON FRIDAY, THANKED SHERRY ULMER FOR THE EBOLA UPDATE, EARLY VOTING IS STILL GOING ON UNTIL OCTOBER 31, 2014 AND ELECTION DAY IS NOVEMBER 4, 2014 COUNCILMEMBER SAMUEL - ABSENT COUNCILMEMBER PATE - COMMENTED ON THE EMPLOYEES AND THE HARD WORK THAT THEY DO TO PROVIDE SERVICE TO THE CITIZENS, ON LAST WEEKEND THE GIRLS HAVEN HAD THEIR FUNDRAISER, AS WELL AS THE 239TH CELEBRATION OF THE MARINE CORP BIRTHDAY AT THE MARINE CORP BALL, LU HOMECOMING THIS WEEKEND, THE HOMECOMING PARADE WILL BE ON WEDNESDAY ON THE CAMPUS STARTING AT 11:00 A.M. COUNCILMEMBER WRIGHT - ASKED THAT EVERYONE GO OUT AND VOTE ENCOURAGED EVERYONE TO GO DURING THE EARLY VOTING PERIOD AND DON'T WAIT UNTIL ELECTION DAY COUNCILMEMBER GETZ - ENCOURAGED THE POLICE DEPARTMENT TO MONITOR THE GAME ROOMS VERY CLOSELY TO MAKE SURE THEY ARE IN COMPLIANCE WITH THE LAW, ANNOUNCED THE Minutes — October 28. 2014 ROCKTOBERFEST ROCKY HORROR PICTURE SHOW AT THE JEFFERSON THEATRE, THERE WILL BE BEER AND WINE THAT CAN BE TAKEN TO YOUR SEATS AS WELL AS A LIVE BAND MAYOR PRO TEM COLEMAN - ANNOUNCED THAT A NEW COALITION OF ABOUT 25 NON- PROFITS CALLED ENROLL SOUTHEAST TEXAS THE AFFORDABLE HEALTH CARE AND OPEN ENROLLMENT IS NOVEMBER 15, 2014 TO FEBRUARY 15, 2015 AND THIS GROUP HAS A GOAL TO ENROLL 10,000 SOUTHEAST TEXAN'S WHO ARE ELIGIBLE, THERE WILL BE PENALTIES ASSESSED ON YOUR TAXES IF YOU HAVEN'T GOTTEN ENROLLED, THERE WILL BE A FREE EVENT SPONSORED ON SATURDAY, NOVEMBER 15, 2014, FROM 8:00 AM TO 3:00 PM AT THE CENTRAL PARK COMMUNITY CENTER, CERTIFIED APPLICATION COUNCILORS WILL BE AVAILABLE TO HELP UNDERSTAND YOUR OPTIONS AND COMPARE PLANS, DETERMINE YOUR LEVEL OF FINANCIAL ASSISTANCE ELIGIBILITY AND ALSO APPLY FOR HEALTH CARE COVERAGE IF YOU SO CHOOSE, CITIZENS CAN ALSO CALL 866 - 683 -3627 OR GETCOVEREDAMERICA.ORG CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - ANNOUNCED ROCKTOBERFEST, BRAVO, BY THE GIFT OF LIFE, ALSO MENTIONED THE EVENT HONORING STATE REPRESENTATIVE RITTER ON HIS RETIREMENT, BETTER BUSINESS BUAREAU HAD THEIR SENIOR CELEBRATION AND GIRLS HAVEN AND THE MARINE CORP BALL, CONGRATULATED PASTOR GRAVES OF MCCABE ROBERTS METHODIST CHURCH ON HIS 20TH ANNIVERSARY Public Comments (Persons are limited to three minutes) Mark W. Leger 307 Creekside Loop Sour Lake TX Spoke in regards to his father, Stanley Leger, and requested that the City's police department release all records from the investigation of his father's shooting that occurred in his death earlier this year Minutes — October 28, 2014 Judith Miller 320 Creekside Loop Sour Lake TX Spoke on behalf of the Leger family and the loss of their father, wished the Police Department would give them the answers that they are searching for in their loved ones death Allen Kirkpatrick 744 Napoleaon St. Spoke on behalf of the Leger family Joe Costanza 501 Umbuth Spoke on behalf of the Leger family Frances Maurer 7115 Click Dr. Spoke on behalf of the Leger family Carly Crisp 3308 Oak Run Ln. Spoke on behalf of the Leger family David White 1150 N. 11 St. Spoke on behalf of the Leger family Mike Maurer 7115 Click Dr. Spoke on behalf of the Leger family Steve Derbyshire 4297 Hob Warren Rd. Spoke on behalf of the Leger family Daniel Leger 335 Dixie Ln. Spoke on behalf of his family on the death of his farther Elaine Leger 216 Trailwood Spoke on behalf of her father -in -law and the Leger family Baton Rouge LA Deer Park TX Beaumont TX Mansfield TX Beaumont TX Beaumont TX Sour Lake TX Bridge City TX Wake Village TX Minutes — October 28, 2014 Eileen Leger 307 Creekside Loop Sour Lake TX Spoke on behalf of her father -in -law and the Leger family Lavoyd King 1765 Limerick Dr. Spoke on behalf of the Leger family Michael Shilo 4463 Galveston Spoke on behalf of the Leger family Jim Leger 216 Trailwood Vidor TX Beaumont TX Wake Village TX Spoke on behalf of his father and his family, requesting the police to share the report from the night his dad was shot so the family can know what happened to his father Edith McBryde 3704 Travis Dr. Spoke on behalf of the Leger family Norma Glawson 194 Trahan Rd. Spoke on behalf of the Leger family Linwilder Hunter 3785 Scranton Beaumont TX Lumberton TX Beaumont TX Spoke to Council in regards to Mr. Taft buying all of the vacant property in their neighborhood to extend the cemetery, stated that they are not wanting him to do this and would like the City to help them with this problem of a cemetery right across the street from their residential property Landry Rountree 1565 S. Major Dr. Beaumont TX Spoke on behalf of the Leger family, stated that he knows what they are going through, he has been dealing with the Police Department for some time, also commented on their constant harassment of him on his property Bridgett Barnes 3920 Scranton Beaumont TX Spoke to Council in regards to Mr. Taft buying the property in their neighborhood to extend the cemetery, stated that they are having problems getting out of their driveways when there are funerals during week and especially on Saturdays, calls have been made to Mr. Taft with no help from him, the citizens are requesting a privacy fence be Minutes — October 28. 2014 placed around the cemetery and some kind of drive way long enough to accommodate all vehicles so they can pull up in the cemetery or make roads inside the cemetery so the cars can pull inside as to not block their driveways and street in front of their homes Erice Bender 2770 1 H 10E Beaumont TX Spoke on behalf of the Leger family Council recessed at 3:35 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Joseph W. White vs. City of Beaumont, Texas and Officer Chase Welch; Case No. 1:14 -cv -00082 Council reconvened at 3:51 p.m. 7. Consider a resolution authorizing the settlement of the lawsuit styled Joseph W. White vs. City of Beaumont, Texas and Officer Chase Welch; Case No. 1:14 -cv- 00082. This matter was presented and discussed in Executive Session held on October 28, 2014 The City Attorney is requesting authority to settle this suit. General Liability Fund. Approval of resolution. COuncilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY ATTORNEY BE AND HE IS HEREBY, AUTHORIZED TO SETTLE THE LAWSUIT STYLED JOSEPH W. WHITE VS. CITY OF BEAUMONT, TEXAS AND OFFICER CHASE WELCH, CASE NO. 1:14 -CV- 00082, FOR THE SUM OF FIVE THOUSAND DOLLARS ($5000. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 14 - 236 Minutes — October 28. 2014 With there being no other business to come before Council, the meeting adjourned at 3:52 p.m. in the City Clerk's Office. 2 Minutes — October 28. 2014 ABSTENTION AFFIDAVIT THE STATE OF TEXAS § COUNTY OF J�EFFERSON § I, m I � Ql)�Olz , as a member of the (City (Council, Commission, or Board) make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, hav a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the a -� ` (City Council, Commission, or Board) as those terms are defined in V.T.C.A., Local Government Code, § 171.002�.` r r� (� c j The business entity is: J� n n r t Ct' (Df'd . �� V L �1rt'Q►' i f1+ Educcck z)ndJ (Name) Enrl r~ h me_4 L'�kr, LI C. (Address) ("I," or name of relative and relationship) L ► ` ! �d-z have/has a substantial interest in this business entity for the following reasons: (check all of which are applicable.) Ownership of 10 percent or more of the voting stock or shares of the business entity. Ownership of either 10 percent or more or $15,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10 percent of (my, her, his) gross income for the previous year. Real property is involved, and (I, he, she) have an interest which is an equitable or legal ownership with a fair market value of at least $2,500. A relative of mine, within the first or second degree by blood or marriage, has a substantial interest it the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Clerk, I affirm that I will abstain from voting on any decision involving this business entity and from any fu rther participation on this matter whatsoever. Signed this the i Ceday of U �Y�I bt"r , 20 . Signature of Offi ial Lr_Uri c� l (Y) ember klyya Title BEFORE ME, the undersigned authority, on this day personally appeared U � Z. and on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN to and subscribed before me on th'iAthe day of WJV Q,f, 20 . ��RYIp1� TINS G. BROUSSARD rA, `= Notary Public, State of Texas Notary Public in and for the Sate of Texas �.,4 My Commission Expires January 12. 2015 ABSTENTION AFFIDAVIT THE STATE OF TEXAS § COUNTY OF JEFFERSON § I, .& -i h►'e I W rL , as a member of the —6eaurn P4 (City Council, Commission, or Board) make this affidb it and hereby on oath state the following: 1, and/or a person or persons related to me, ha-W a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the pa JA mp Y1 - (City Council, Commission, or Board) as those terms are defined in V.T. C.A., Local Government Code, § 171.002. AII 7 The business entity is: _hon,t5 0 A (tarn e-JiZuo nA (Name) _ �q0 ginhlaad Ave. (Address) n r ! ("l," or name of relative and relationship) �(h 1 pit ir; 01 1-have/has a substantial interest in this business entity for the following reasons: (check all of which JYe applicable.) Ownership of 10 percent or more of the voting stock or shares of the business entity. Ownership of either 10 percent or more or $15,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10 percent of (my, her, his) gross income for the previous year. Real property is involved, and (I, he, she) have an interest which is an equitable or legal ownership with a fair market value of at least $2,500. A relative of mine, within the first or second degree by blood or marriage, has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Clerk, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this the � n� day of I�CEv� 1 , 20 i Signatur of Official C u 0 'd me'Mk A+- L-a Y Title BEFORE ME, the undersigned authority, on this day personally appeared and on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN to and subscribed before me o this the c d y of I�20f . , t'- ►q;;,,, TINA G. BROUSSARD +: Notary Public, State of Texas Notary Public in and for the Sate of Texas My Commission Expires "'.',f`o,•E;.' Janucry 1 z, 2015