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HomeMy WebLinkAboutMIN JAN 12 1999 i M I N U T E S p CITY OF BEAUMONT Lulu L. Smith DAVID W. MOORE, MAYOR Bobbie J. Patterson, Mayor Pro rem Guy N. Goodson CITY COUNCIL MEETING Andrew P. Cokinos John K. Davis JANUARY 12, 1999 Becky Ames Lane Nichols, City Attorney Ray A. Riley, City Manager Barbara Liming,City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on January 12, 1999, 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 * Consent Agenda Mayor Moore called the meeting to order at 1:31 p.m. The Reverend James Fuller, Calder Avenue Baptist Church, gave the invocation. Mr. Gene Landry, a Drug Free Commission member, led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Smith, Cokinos, Ames, and Davis. Councilmember Goodson is in Austin to attend the swearing in ceremonies for recently elected legislators. Also present were Ray A. Riley, City Manager; Lane Nichols, City Attorney; and Barbara Liming, City Clerk. *Presentations and Recognitions - No proclamations were issued. *Public Comment: Persons may speak on scheduled agenda items Citizen comment was invited on the consent and regular agendas. Ms. Nancy Watkins, president of RSVP, Retired and Senior Volunteer Program, announced the second annual Martin Luther King Book Drive will be held Friday at Channel 12 from 7:00 a.m. to 4:00 p.m. She said that last year 1,500 books were received, and they hope to double the collection this year. Ms. Watkins encouraged participation in the program and said that the books will be given to the Beaumont Independent School District for distribution to libraries, teachers, and students. She asked that everyone please assist in spreading the word about the collection endeavor and emphasized the importance of being able to read and have reading materials available. No one wished to address items on the consent or regular agendas. *Consent Agenda * Approval of the minutes of the regular meetings held December 22 and December 29, 1998 Confirmation of committee appointments - Resolution No. 99-1 A) Approve the reappointment of the Chief Magistrate and Magistrates for the Municipal Court (G. R. "Lupe" Flores reappointed as Chief Magistrate and James D. McNicholas and Theodore Johns reappointed at Magistrates for two-year terms retroactive to October 1, 1998) - Resolution No. 99-2 B) Approve the acquisition of property for the Walden Road Improvement Project (0.325 acre of land out of The C. Williams Survey, 3250 Interstate 10 South, for appraised value of $25,000 from Bleakley Children's Trust) - Resolution No. 99-3 C) Approve the acquisition of property for the Concord Road Improvement Project (Parcel No. 25: A. Williams Survey, Abstract 385, 2600 Girolamo Street, right-of-way of 0.176 acre tract, for appraised value of$8,720 and a utility easement of 0.237 acre tract for appraised value of$2,600 for total compensation of$11,320 from Dynamic Cars, Inc.)- Resolution No. 99-4 D) Accept the donation of two drainage easements located on Lincoln Street (Lot 171A, Block 16, Herring Addition, 790 Lincoln Street, from Pamela Gail Guidry and Lot 172A, Block 16, Herring Addition, 780 Lincoln Street, from Chester D. Isom, Jr.) - Resolution No. 99-5 E) Approve the application to TXDOT for Traffic Safety Grant of$40,000 (highway safety grant application from Police Department) - Resolution No. 99-6 F) Approve the purchase of one (1) sewage grinder (for use in the State Prison Sanitary Sewer Lift Station from Automatic Pump in the amount of$21,730) - Resolution No. 99-7 Councilmember Smith moved to approve the Consent Agenda. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Smith, Cokinos, and Davis Noes: None GENERAL BUSINESS 1. Consider amending Section 26-41(a) of the Code of Ordinances relating to the storage of vehicles on City streets Councilmember Cokinos moved to approve Ordinance No. 99-1 ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-41(a) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND THE REGULATIONS PROHIBITING STORAGE OF VEHICLES ON CITY STREETS AND PUBLIC PLACES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. MOTION PASSED. Minutes; 1/12/99;Page 2 Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Smith, Cokinos, Ames, and Davis Noes: None 2. Consider approving a change order and final payment related to the Flowers Street Pavement Widening Project Councilmember Smith moved to approve Resolution No. 99-8 approving Change Order No. 1 in the amount of ($402.36) and authorizing final payment in the amount of $46,205.85 to Treyco Contractors, Inc.. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Smith,Ames, and Davis Noes: Councilmember Cokinos 3. Consider approving a change order and final payment related to the Chaison Street Pavement Widening Project Mayor Pro Tern Patterson moved to approve Resolution No. 99-9 authorizing Change Order No. 1 in the amount of ($5,177.58) and final payment in the amount of $71,511.35 to Excavators&Constructors. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Smith, Cokinos, Ames, and Davis Noes: None 4. Consider awarding a bid for the clearance of 15.25 acres at the Beaumont Municipal Athletic Complex located at 6400 College Street Councilmember Cokinos moved to approve Resolution No. 99-10 accepting the $53,070.00 bid of John Bankston Construction & Equipment Rental, Inc. (clearing site at Beaumont Municipal Athletic Complex for construction of three baseball fields). Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Smith, Cokinos, Ames, and Davis Noes: None Minutes; 1/12/99;Page 3 5. Consider approving a six month contract for the purchase of caustic soda for use in the Water Production Division/Water Utilities Department Councilmember Davis moved to approve Resolution No. 99-11 authorizing a six-month contract with Coastal Products and Chemicals, Inc. to supply sodium hydroxide (caustic soda) for the Water Utilities Department, Water Production Division at $203 per dry ton for an estimated six-month expenditure of $60,900. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Smith, Cokinos, Ames, and Davis, Noes: None OTHER BUSINESS *Consider schedule for 1999 HUD Consolidate Grant Plan Finance Officer Beverly Hodges referred to a report distributed to Council indicating the 1999 HUD Consolidated Budget will total $3,406,000, including program income. Three entitlements comprise the Consolidated Budget: CDBG--$2,317,000; HOME--$837,00; and Emergency Shelter Grant (ESG)--$82,000. She reviewed the proposed schedule for adopting the 1999 HUD Consolidated Grant Program beginning with today's workshop; a second Council workshop on January 19 to discuss the preliminary budget; publication of a public hearing on January 22; a public hearing/work on February 2; applications for 1999 Public Service Grants due by 5:00 p.m. February 4; submission of Public Service Grants applications for Council review on February 12; another Council workshop on February 23; and consideration of a resolution adopting the 1999 HUD Consolidate Grant Program on March 2. Ms. Hodges briefly reviewed the CDBG Project Expenditure Report as shown in Exhibit"A;" the 1999 Preliminary Budget shown in Exhibit"B" and the 1997 and 1998 Amended Budgets shown in Exhibit "C." As of January 7, 1999, three organizations have submitted applications for Public Service Grant funds, and fourteen applications have been received by individuals or organizations. Councilmember Davis complimented the Community Development Block Grant staff efforts, expressed a desire that affordable housing be made available in other areas of the city, and said this is the most important single CDBG item. Mayor Moore echoed compliments to the CDBG staff, particularly to Grant Administrator Johnny Beatty. Minutes; 1/12/99;Page 4 Mayor Pro Tern Patterson extolled the abilities of Mr. Beatty by stating that"creativity" is the word that best defines his mode of operation. Council confirmed procedure of the schedule to Ms. Hodges, and Mayor Moore asked that the public be well notified and involved in the process. COMMENTS * Councilmembers comment on various matters Councilmember Davis voiced expectations for a great year for the City in 1999, suggested using unexpended CDBG funds before deadlines, commended the Small Business and Revolving Loan programs, and expressed agreement with strong measures in collecting unpaid loans. Mayor Pro Tern Patterson conveyed new year's greetings and wishes for a happy Martin Luther King, Jr. holiday. Mayor Pro Tern Patterson asked the City Manager and CDBG Grants Administrator to review what CDBG funds might be available for Ward IV, especially in the Pear Orchard and South Park areas. She commended the City Manager and staff for the Walden Road Project and consideration of it extending east of IH-10 to Fannett Road. Mayor Moore commented about completion of projects on today's agenda and community pride, pointed out that today Mayor Pro Tern Patterson, Councilmember Davis, and he had opportunity to be part of Mobil's Ocean Star dedication, an emphasis on safety. Next, he spoke of the Martin Luther King, Jr. celebration and parade that will be held Monday. Last year over 12,000 people participated in the event. This year the parade route will begin at Cedar Street and proceed to Lamar University. Judge Theodore Johns will serve as the Grand Marshall and Representative Ron Wilson of Houston will address those in attendance. Over 82 participating groups will include local high school bands and mayors from Beaumont, Port Arthur, Orange and Silsbee in this celebration for Americans this Saturday. Mayor Moore said no city is without challenges. Beaumont experienced a great 1998, and know there will be great and new challenges this year, and the greatest one at hand is finding a city manager replacement. * Public Comment (Persons are limited to 3 minutes) Mrs. Alice Felix Ramsey, 3440 Goliad, addressed Council as the Publicity Chair for the Martin Luther King, Jr. Day Celebration. She reiterated previous comments about the planned festivities, encouraged Council attendance, said this year's celebration will surpass last year and announced other concert opportunities and speakers. Mrs. Ramsey inquired about Pear Orchard Neighborhood Association meetings and was advised by Mayor Pro Tern Patterson that their meetings are usually held the second Thursday of each month at Our Mother of Mercy Catholic Church. Minutes; 1/12/99;Page 5 Mr. Joe Ruiz, 450 Langham, addressed Council to give an update on rehabilitation of the old Lamar Theater and said he has worked non-stop on the project since his last appearance at Council. Mr. Gene Landry, 8580 Braeburn, addressed Council on behalf of the ACORN and Amelia Neighborhood Association in support of future speakers from the Gulf Terrace Addition regarding an issue of recycling homes. Mr. Landry stated that Mr. Mike Sinclair has recycled several homes in Beaumont, and the third in the Amelia area. Mr. Landry said the homes meet the minimum codes, said the requirements might not be high enough, but said he feels there is a code of decency that should be considered that includes rights of property owners already in the neighborhood. He spoke of the impact this activity has on citizens and asked Council to investigate to see if some kind of relief can be found. Mrs. Karen Haynes, 9070 McLean, distributed pictures of the homes recycled into the Gulf Terrace Addition, and spoke in opposition of Mr. Mike Sinclair DBA Sherman and Sherman bringing houses into their neighborhood. Mrs. Haynes spoke of the condition of the houses moved into their neighborhood not being compatible, asked for Council assistance until they can modify deed restrictions and for City restrictions on the types of homes that can be moved into existing neighborhoods, said the last house was moved in during the night, residents thought it was move there temporarily at first, and that Mr. Sinclair has indicated he will place more of the homes on his property, side by side, said they have spoken with city staff and a petition objecting to the moving of these homes into their neighborhood is being circulated. Mrs. Eloise Gorman, 9290 McLean, said she has lived in her home for 21 years, and her concern, and that of other residents, is that the house being moved in do not meet the standard of the neighborhood. They are concerned about the value of their homes declining, supported renovation of homes, further expressed concern about the safety of the neighborhood, and asked for help with a restraining order on moving in more houses or some other resolution. Mr. Tom May, 9035 McLean, said he would like to reiterate all concerns that have been expressed including property value decline and not meeting standards. Mr. May said the house recently moved in is only about 400 square feet and questioned driveway conformity because the street begins on a curve. Mrs. Lois Scott, 9015 McLean, complained about the house being moved in on December 9th during the night. She compared her home to that of the one moved in and spoke of the value depreciation, spoke of an oil spill on the property and condemnation, asphalt shingles on the houses, and questioned permits given to moving in homes early in the morning. Mr. Al Price, 3395 Eleanor, expressed new year greetings to Council and appreciation to working with the Mayor's office this past year, and the innovative way of meeting housing needs in Beaumont. One behalf of the Southeast Texas Save Our Sons and Our Sisters organization, announced their annual fundraiser banquet set for February 5th, and invited Minutes; 1/12/99;Page 6 organization, announced their annual fundraiser banquet set for February 5th, and invited Council participation. Mr. Price said this worthwhile organization deals with abstention, prevention, intervention, education, and rehabilitation in addressing the problems facing those who have been incarcerated from our area. He announced that for more information, Mr. Joseph Williams may be contacted at 835-7527. Mrs. Kathryn Wiggington, a South Park resident, expressed appreciation to Council for finishing Chaison Street, said Chaison Park needs some fill dirt, and supported passage of the ordinance regarding cars parked (stored) on the street. Mrs. Wiggington said the ordinance regulating garbage containers remaining at the curb after pickup needs to be enforced or readdressed. She said in some cases they are remaining at the curb all week. Mr. Lynn DeMary, 430 East Elgie, congratulated Council on the completion of projects, encouraged continuance, and reminded Council that there is less than to years remaining before the celebration of Spindletop on January 10, 2001. Mayor Moore addressed comments to the residents of the Gulf Terrace Addition regarding their concern about the houses being moved into their community. He asked for staff recommendations or comments. The City Manager said the ordinance was amended several years ago to provide that no structure could be relocated or moved unless it met City codes prior to issuance of a permit for its relocation. He suggested that possibly Council might modify the ordinance to review a permit request like that of a specific use permit. Prior to its issuance, it would be reviewed by a board, and at issuance information would be supplied regarding specifications of the particular request with notification to adjacent property owners for their input and consideration, rather than administratively issuing a permit . Councilmember Ames concurred with the presented solution and asked if there is any way to address the present problem. The City Manager explained that the house in question was moved in accordance with the Code and permits, but future movement can be determined. Councilmember Davis pointed out that the problem is more widespread than just this one neighborhood, and that consideration should be given for maintaining consistency in all neighborhoods. Mayor Moore addressed Council working within the present Code and time constraints for making a change. He supported consideration for maintaining neighborhoods, saving housing when possible, and asked the City Manager to bring back information and an ordinance that would allow Council to move forward. He joined in being concerned with relocation of structures happening during the night. Mrs. Haynes questioned Mr. Sinclair quickly bringing in houses on other property he owns before any action can be taken. Minutes; 1/12/99;Page 7 Mayor Moore said the process could not be stopped as long as Mr. Sinclair is working within the law, but Council will investigate and move as quickly as possible to give the community a voice. Councilmember Smith questioned the City Attorney regarding a legal injunction that the residents could place upon the movement of houses. Mr. Nichols reported that if there is no legal violation, probably an injunction would not be viable. He explained the ramifications of placing a bond for an injunction. Council briefly discussed permits, moratoriums, property rights, liability, and other criteria. Mrs. Haynes questioned the location of the driveway within 20 feet of an intersection, and Mayor Moore asked staff to follow up on this inquiry, particularly as a safety factor. Councilmember Cokinos expressed his concerns with meeting minimum requirements and depreciation of property values. Mrs. Haynes said most property owners are going to appeal their tax valuation because of these houses being relocated in their neighborhoods. Mayor Moore assured citizens that Council understands their situation, said they will try to prevent future occurrences and address the issues raised by residents today. Staff will investigate compliance in all areas, such as meeting driveway regulations and oil spills, Mr. Bill Proctor, 4340 Westridge Lane, said a ramp has been erected at the end of Westridge to assist entry for persons in wheel chairs into Service Merchandise, but until a walkway is constructed, asked if a measure could be implemented to slow traffic to allow crossing the street to WalMart. Mayor Moore asked Public Works Director Tom Warner to investigate a solution to this challenge. There being no further business, the meeting adjourned at 2:40 p.m. (:a" —f-—)A10 u3r�� Mayor David W. Moore Barbara Liming, City Clerk Minutes;1112/99;Page 8 CITY OF BEAUMONT COMMUNITY DEVELOPMENT BLOCK GRANT FUND PROJECT EXPENDITURE REPORT December 31,1998 (Unaudited) Current Project Expended Project Budget To Date Encumbrances Balance I HOUSING Minor Rehabilitation 375,000 253,918 7,932 113,150 Acquisidon/Site Development 516,000 62,138 239,824 214,038 Rental Rehabilitation-Multi-Family 150,000 - - 150,E TOTAL HOUSING 1,041,000 316,056 247,756 477,188 b CLEARANCE AND DEMOLITION Clearance and Demolition 425,000 145,469 6,350 273,181 TOTAL CLEARANCE AND DEMOLITION 425,000 145,469 6,350 273,181 III PUBLIC FACILITIES AND IMPROVEMENTS L L Milton YMCA 300.000 30,549 69.451 200,000 Chartton-Poiard Park 1 150,000 107,225 - 42,775 Street Improvement 125,000 - - 125,000 TOTAL PUBLIC FACWTIES AND IMPROVEMENTS 575,000 137,774 69,451 367,775 N ECONOMIC DEVELOPMENT Chartton-Polard Economic Development 150,000 - - 150.000 TOTAL ECONOMIC DEVELOPMENT 150,000 - - 150,000 V LOAN PROGRAMS Historic Preservation 2 85,300 4,500 - 80,800 Small Business 2 766,400 256,850 92,500 417,050 TOTAL LOAN PROGRAMS 851,700 261,350 92,500 497,850 TOTAL EXPENDITURES 3,042,700 860,649 416,057 1,765,994 1 Additional$202,000 proceeds from sale of Carroll Street Park wil be reflected in the General Improvements Fund. 2 Current year program income estimate includes unrealized amounts for Historic Preservation and Small Business of$11,698 and$55,541 respectively. EXHIBIT "A" HUD CONSOLIDATED GRANT PROGRAM 1999 Preliminary Budget Community Development Block Grant HOUSING $ 900,000 Minor Repair $ 250,000 Acquisition/Site Development 250,000 Habitat For Humanity-Administration 50,000 Senior Multi-Family Housing Development 350,000 CLEARANCE AND DEMOLITION 250,000 PUBLIC FACILITY AND IMPROVEMENT 650,000 Hotel Beaumont (Section 108 payment) 100,000 Jefferson Theater(Section 108 payment) 175,000 Other Designated Section 108 Projects 250,000 Spindletop Library Development 125,000 PUBLIC SERVICE GRANTS 100,000 ECONOMIC DEVELOPMENT BUILD, Inc. 35,000 ADMINISTRATION 382,000 TOTAL CDBG $ 2,317,000 EXHIBIT "B" HUD CONSOLIDATED GRANT PROGRAM 1997 Amended Budget Community Development Block Grant HOUSING $ 450,000 Minor Repair $ 250,000 Acquisition/Site Development 141,000 BISD House 9,000 Habitat For Humanity-Administration 40,000 Rental Rehab-Multi-Famity 10,000 CLEARANCE AND DEMOLITION 300,000 PUBLIC FACILITY AND IMPROVEMENT 835,000 Sterling R.Pruitt Activity Center 485,000 Chariton-Potlard Park 150,000 LL Melton YMCA-Gymnasium 200,000 PUBLIC SERVICE GRANTS 85,000 Midnight Basketball 18,500 Salvation Army Boys'and Girrs Club 32,000 Southeast Texas Community Health Clinic 20,000 Southeast Texas Food Bank 7,000 South Park Neghbodiood Association 4,000 SETLIFE,Inc. 3,500 HISTORIC PRESERVATION Historic Preservation Loan Fund 20,000 ECONOMIC DEVELOPMENT 223,000 BUILD,Inc. 24,000 Small Business Loan Fund 199,000 ADMINISTRATION 375,000 TOTAL CDBG $ 2.288 000 1998 Amended Community Development Block Grant Budget HOUSING $ 690,000 Minor Repair $ 125,000 Acquisition/Site Development 375,000 Habitat For Humanity-Administration 50,000 Rental Rehab-Mut i-Family 140.000 CLEARANCE AND DEMOLITION 425,000 PUBLIC FACILITY AND IMPROVEMENT 259.000 Anayat House,Inc. 6,050 Beaumont on the Grow 25,000 Junior League of Beaumont.Inc. 50,000 Salvation Army 6,500 Salvation Army Boys'and Girrs Club 28,000 Stewart's Halfway House 1 450 Street Improvements 125.000 PUBLIC SERVICE GRANTS 66,000 LL Melton YMCA 9.000 Salvation Army 25.000 Salvation Army Boys'and Girrs Club 27,000 SETLIFE,Inc. 5,000 ECONOMIC DEVELOPMENT 485,000 BUILD,Inc. 35,000 Charlton-Pollard Economic Development 150,000 Small Business Loan Fund 300,000 ADMINISTRATION 378,000 TOTAL CDBG $ 2,303,000 EXHIBIT "C"