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HomeMy WebLinkAboutMIN APR 27 1999 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith DAVID W. MOORE, MAYOR Bobbie J. Patterson, Mayor Pro Tem Guy N. Goodson CITY COUNCIL MEETING Andrew P. Cokinos John K. Davis April 27, 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 April 27, 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 1:37 p.m. Before the Reverend Dr. Nathan Cothen, Calvary Baptist Church, gave the invocation, Mayor Moore asked everyone to join him in a moment of silent prayer for the families of the victims of the shooting tragedy at Columbine High School in Littleton, Colorado. Mayor Moore led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Smith, Goodson (arrived at 1:40 p.m.), Cokinos, Ames, and Davis. Also present were: Ray A. Riley, City Manager; Tyrone Cooper, Assistant City Attorney; Barbara Liming, City Clerk, and Rebecca Hoge, Deputy City Clerk. *Presentations and Recognitions One proclamation was issued: "YMBL Rodeo Week," April 25, 1999 - May 1, 1999. An unusual and dramatic presentation was made by members of the American Red Cross Hurricane Party Committee in a parade down the Chamber aisle. The presentors were attired in various forms of hurricane regalia to declare that"Hurricane David," a.k.a. Mayor David W. Moore, would be roasted on Friday, June 4, at the Beaumont Hilton Hotel. Mayor Moore was given his own special hurricane gear and a "spray sampling" of hurricane-like weather! The roast will be part of a fund-raising event for the American Red Cross. Among those making the presentation announcement were: Tom Broussard, co-chairman of the Hurricane Party Committee, Dr. Bruce Drury, a committee member, Betty Eason, health and safety program director, Brad Fowler, executive director, and Frances Lafayette, community development director. Mayor Moore graciously accepted the bestowment, made brief comments about"special spray effect" participants in the demonstration and said a great evening of fun will be experienced on behalf of the Red Cross on June 4, 1999. Ozen High School Student Body President Rakesha Jones addressed Council to report that on April 9, 1999, the Beaumont Fire Department made an investment in youth of the community by assisting them in a fund-raiser. She said they displayed their athletic ability in a basketball game against the mighty Ozen faculty, and their financial goal was met. She thanked the firefighters and Junior Class President Bruchell Vaughn presented a plaque to the firefighters that read, "Presented to the Beaumont Fire Department - It is with great esteem we acknowledge your most significant contribution to our fund-raising efforts. We are very thankful. Ozen High School, 1999." Bruchell said the money raised was for their graduating class and because Ozen is a new school, they really needed the help given to them. Fire Chief Bertrand, Captain Tommy May, Fire Driver/Operator Earl Wright, Firefighters Chris Durio and Chris Bordelon accepted the plaque. Accompanying Rakesha and Bruchell was Ozen High School Counselor Barbara Daniels. Chief Bertrand and Firefighters accepted the plaque and expressed their pleasure in being able to contribute to the success of young people in the community. *Public Comment: Persons may speak on scheduled agenda items Citizen comment was invited on the Consent and Regular Agenda Items 1-4. Mr. Josh Allen, on behalf of Beaumont Power and Light, addressed Council to request a positive vote for Item 3 to include the City of Beaumont on their application to the Public Utility Commission for a certificate of convenience and necessity. Mr. Allen stated that this does not obligate the City to a franchise. Mrs. Rosie Jones addressed Council to request an affirmative vote on Agenda Item 4 authorizing extensions of contracts with Statewide Consolidate Community Development Corporation and Southeast Texas Community Development Corporation. Consent Agenda * Approval of the minutes of the regular meeting held April 20, 1999. * Confirmation of committee appointments - (Evelyn Lord reappointed to Sister City Commission for term expiring April 10, 2001) - Resolution No. 131 A) Authorize the settlement of a claim (Floyd Rigsby in the amount of $10,000) - Resolution No. 99-132 B) Approve a signatory change on City accounts (adding Kyle Hayes as authorized signatory for banking and facsimile purposes effective April 27, 1999, and to request electronic fund or ACH transfers of any and all City funds on deposit at Chase Bank of Texas, N.A. or its successor Hibernia National Bank effective April 20, 1999) - Resolution No. 99-133 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Smith seconded the motion. MOTION PASSED. Minutes;4/27/99;Page 2 Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Smith, Goodson, Cokinos, Ames, and Davis Noes: None GENERAL BUSINESS 1. Consider an ordinance authorizing the issuance and sale of$20,000,000 City of Beaumont, Texas Certificates of Obligation, Series 1999 Mr. Frank Ildebrando, the City's financial advisor, reported that six bids were received at noon today for the bond sale, and the results were: Dain Rauscher, Inc., the low bidder at 4.8863% interest rate, followed by Merrill Lynch at 4.8978%, Morgan Keegan at 4.9140%, First Southwest Company at 4.9264, Coastal Securities, Inc. at 4.9306; and ABN-AMRO, Inc. at 4.9327%. Mr. Ildebrando also reported that insurance was received from FGIC at a good premium, and the bid included that fee. He said this is the lowest rate received for at least two years. In response to Council inquiry, Mr. Ildebrando responded that Beaumont insurance ratings were both AAA ratings with Moody's Investment Services and Standard and Poores. Councilmember Goodson moved to approve Ordinance No. 99-30 entitled an ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $20,000,000 THE CITY OF BEAUMONT, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1999; LEVYING TAXES TO PROVIDE FOR PAYMENT THEREOF; AND CONTAINING OTHER MATTERS RELATED THERETO. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Smith, Goodson, Cokinos, Ames and Davis Noes: None 2. Consider a contract for rehabilitation of Loeb Water Well Number Three Councilmember Cokinos moved to approve Resolution No. 99-134 accepting the bid of Layne-Texas, Inc. in the amount of$45,609.28 for rehabilitation of Loeb Water Well Number Three. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Smith, Goodson, Cokinos, Ames, and Davis Noes: None 3. Consider a resolution authorizing Beaumont Power and Light to include the City of Beaumont in its application to the Public Utilities Commission for a certificate of convenience and necessity Minutes;4/27/99;Page 3 Councilmember Davis moved to approve Resolution No. 99-135 granting permission for Beaumont Power and Light Company to submit an application to the Public Utility Commission of Texas for a Certificate of Convenience and Necessity to provide retail electric utility service within the City of Beaumont and authorize Beaumont Power and Light to inform the Public Utility Commission of Texas that the City of Beaumont has granted such permission. Councilmember Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Patterson, Councilmembers Smith, Goodson, Cokinos, Ames, and Davis Noes: None 4. Consider contract extensions with Statewide Consolidated Community Development Corporation and Southeast Texas Community Development Corporation Mayor Pro Tern Patterson moved to approve Resolution No. 99-136 extending the contract with Statewide Consolidate Community Development Corporation to March 31, 2000, and extending the contract with Southeast Texas Community Development Corporation to August 11, 2000. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Patterson, Councilmembers Smith, Goodson, Cokinos, Ames, and Davis Noes: None Abstained: Mayor Moore 5. PUBLIC HEARING: Dilapidated Structures Consider an ordinance declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by the owners and authorizing the removal of certain other structures whose owners failed to comply with condemnation orders Ordinance No. 99-31 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION, RENOVATION AND REMOVAL; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY was introduced: The thirty-nine (39) below listed dilapidated structures are found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 1490 Avenue F - Crystall Spikes, owner; 1170 Glasshouse - Cecil B. Morris, owner; 2510 Houston (garage apartment) - James C. Long - owner; 3005 Magnolia (garage apartment). - Daisy Mae Limbrick, owner; _t9_50 Pierce -Allen R. Foster, owner; 5300 Seale - B. R. Dale, owner; and 3673 St. James - John Redeaux, Jr., owner; each with 25 violations and staff recommendation for demolition; and 4360 Brandon - Mark E. Wilman, owner; 4203 Cm-cord (commercial), 4205 Concord (activi buildin , and 4205 Concord (garage agent)- Larry & Gina Renee Landry, owners; 29DQ Euclid - Houston LaFleur ET UX, owner; 2055 Euclid - Minutes;4/27/99;Page 4 Lillian Turner (c/o Paul Turner, Jr.) owner; 3430 W. Euclid - Mary Jackson, owner; 2801 S. Fifth - Cherry Dozier, owner; 1695 Franklin - Archie Land, Jr., owner; $QQGrand (coojnmecial) - Praful N. Shah, owner; 1835-37 Grand - Maple Grove Baptist Church c/o Donald Hughes, owner; 3050 Grand - Dearmon Breastfield, owner; 3077 Grand - Church of the Living God, owner; 701 Grant (residence/commerc-[4 - Lester Kirkmon, Jr. owner; 28B5 Harriot - Cynthia Frazier, owner; 1045 Laya_ca__(garage apartment) - Leonard H. Beattie, owner; 1847-53-Lela apa m n - Alfred Dennis, owner; 1169 Liberty and 1169 Liberty (Lear structure) - Lee Thibodeaux, owner; 4120 Lou - Booker T. & Birdie M. Lacy, owners; 1925 MW - Donald Brown, owner; 200 Pear- Corry Jones, Jr. Estate, owner; 3510 Sarah (trailer houses) - Knights of Peter Claver 64 c/o Willie Brown, owner; 1218 Sherman - Theresa K. Richard, owner; 2545-65 S. 6th -Juanita Faye Aubry, owner; 2295 Southerland - Mary Nelson, owner; 4MSteeltQn - Gene Crosland, owner; 2985 Ter-r_ell. - Lena L. Kay, owner; 3440 Threadneedle Aly- Mrs. Edgar Ennis, owner; 1060 Washington Blvd. (church)- Beaumont Tabernacle of Prayer Church, Inc. Trustees, owner; 3447 Wash irngton Blv . (commercial) - Lions Social Club, owner; each with 25 violations and staff recommendation to raze within 30 days; and 4396 Sullivan - Jon Welch, owner; 25 violations, staff recommendation to raze or repair within 30 days. The seven (7) below listed structures have been condemned by City Council and the owners ordered to either raze or repair them within specified time frames. Reinspection of these structures have revealed non-compliance with the Council's order. Authorization is requested from the City Council to demolish these structures in accordance with the Dangerous Structure Ordinance: 1490 Avenue F, 1170 Glasshouse, 2510 Houton (garage apartment), 3005 Magnolia (garage apartm_e-n-t), 1590 Pierce, 5300 Seale Road, and 3073 St. James. The public hearing was opened at 2:07 p.m. Mr. John Redeaux, Jr., 3365 Westmoreland, addressed Council regarding the structure at 3673 St. James to request additional time for repairs. He stated that the property has been vandalized, but he wants to replace windows, sand floors and accomplish other repairs and sell the property. Mayor Pro Tern Patterson inquired about the number of works programs, replacing windows and the amount of time needed for repairs. Mr. Redeaux outlined his plan to rehabilitate the structure. Mr. Redeaux said he is ready to commence repairs and replied to Mayor Pro Tern Patterson that the work could be completed in 30 days. Inspector Pam Lociano reported that Mr. Redeau has been on two work programs with the last being expired, said there are plumbing and electrical repairs that need to be made, and the structure need to be boarded. Councilmember Cokinos questioned the back door being opened and requested that it be secured. Mayor Moore requested that Mr. Redeaux secure the structure, keep the grass mowed, and told him Council may possibly give some consideration to an extension. Minutes;4127(99;Page 5 Mr. James Long, 2510 Houston, addressed Council to request additional time to rehabilitate the garage apartment on his property. Mr. Long informed Council that he has a contractor, Bob Johnson, scheduled to evaluate the repairs and begin the repairs. Mr. Johnson joined Mr. Long and stated that there are termite timbers and foundation stabilization that must be addressed. Mr. Long said he has other repair obligations to finish, but should be able to complete the rehabilitation within 45 days. Mr. Alfred Spivey addressed Council in support of demolishing the structure at 2545-65. South 6th Street. Mr. Spivey lives next door to the structure, and said it has been uninhabited for at least 20 years. He stated that it is worse in the back than from the street side, and saud he has taken off work to address Council regarding his feelings. Mr. Breastfield Dearmon, Jr. addressed Council regarding the structure at 3050 Grant to request additional time for rehabilitation. Mr. Dearmon told Council that he has been ill and unable to make the repairs, but has windows and lumber purchased to complete the rehabilitation immediately. He said he wants to repair the structure for his residence. Councilmember Davis asked Mr. Dearmon to keep the grass cut and the grounds as clean as possible. Councilmember Ames questioned the time needed to secure the property and asked if 90 days would be time to complete repairs. Mr. Dearmon responded that he could probably finish rehabilitation in 90 days and told Councilman Cokinos that he will be replacing rotten sills. (Mayor Pro Tern Patterson left the Chambers at 2:27 p.m. during Mr. Guillory's remarks.) Mr. Floyd Guillory, 5820 Downs, addressed Council to ask for an extension to the raze order for 2985 Terrell Street. Mr. Guillory told Council that he has a contract to purchase the property on or before May 10, 1999, from Douglas Jeffrey Fisher, the son of Lena L. Kay (deceased). Mayor Moore explained that time could not be granted to Mr. Guillory until after the purchase, but could remove it from the raze order. In response to Councilmember Ames's question regarding rehabilitation, Mr. Guillory said the structure could be repaired by the end of May. Mr. Guillory also spoke in support of demolishing the structure at 2545- 65 South 6th Street. He stated that the repairs and condition of the house is not up to code. Attorney Gaylynn Cooper and Mr. Harvey Aubry addressed Council regarding the structure at 2545-65 South 6th Street to request a 60-day extension to complete rehabilitation. Mr. Cooper said the windows are boarded, a wooden fence has been erected for security, a back porch removed, and he has done some painting and installed new roof rafters. He said renovations are to be continued and stated the structure does not contribute to any drug problems. (Mayor Pro Tern Patterson returned to the Council Chambers.) Mayor Pro Tern Patterson asked staff for an update of the structure. Ms. Pam Lociano said the last attempt at an inspection was March 17 with Building Official Don Burrell. Mr. Aubry denied an interior inspection. Since tagging the structure, there has been a disagreement between Mr. Aubry and Building Codes. Ms. Lociano said she tagged the structure without knowledge that Mr. Aubry already had a permit to work on the building. He had not begun the process Minutes;4/27/99;Page 6 when the structure was tagged. Ms. Lociano then tried to contact Mr. Aubry to sign a work program agreement to monitor the progress, but he refused to sign the agreement because he already had purchased the permit. Ms. Lociano reported that he has started rehabilitating the structure, but Mr. Aubry has refused to allow inspections and she cannot affirm that building codes have been met. Clean Community Director John Labrie confirmed the house was tagged in the spring of 1998, and when it was discovered that a permit had been purchased, his department tried to work with Mr. Aubry. The building permit did not expire until late fall and was supposed to have been completed. Upon expiration of the permit, no work had transpired. Mr. Labrie instructed Mr. Oliver to pull the tag and try to work with Mr. Aubry, but no progress was made on the house. He said that If work has been done, it has been in the past two months. Mayor Pro Tern Patterson said there have been many complaints from neighbors, and told Mr. Aubry that he must work with the City and cooperate with staff. Mayor Pro Tern Patterson explained the process and advised Mr. Aubry to begin a work plan immediately. Upon advice of his attorney, Mr. Aubry agreed to meet with staff and confirmed that 30-45 days might be enough time to complete rehabilitation. Mayor Moore reviewed the process, advised Mr. Aubry to cooperate, and said an inspection needs to be made, if an extension is granted. Ms. Lociano interjected that an inspection needs to be made of the work already accomplished before it is covered up with other building materials. Mr. John L. Laday, 5320 Phelps Road, approached to speak about a structure not on today's list and was advised that only structures on that list are to be discussed now, but he could address any subject later in the meeting. Mrs. Eva Robertson, 1190 Glasshouse, addressed Council in support of demolishing the structure at 1170 Glasshouse. Mrs. Robertson said there has been a problem with the condition of the structure since 1989, submitted a letter signed by residents in support of demolishing the structure, said the house has been tagged three or four times, and the situation has been in existence too long. She spoke of the value of her home in another area compared to being located next to this structure, said her husband is on disability and she is having to pay$2,000 for termites because of the structure, and elaborated that only minor repairs have been made. She said the owners moved to Houston over 11 years ago with no one living in the building, but is being used by drug addicts, and needs to be torn town. Mrs. Robertson stated that she took time away from her employment to be here today. Mr. Cecil Morris, owner of the structure at 1170 Glasshouse, told Council that he has been in Houston, but began to rehabilitate the house a year or two ago. There were more repairs that he first realized. Mr. Morris said he has replaced roof rafters and framing and has spent over $2,000 and most of the rehabilitation was between October and December, 1998. Minutes;4/27/99;Page 7 Since then he has had health problems and been unable to work until recently, and said he would like to rehabilitate the house for his personal residence and ask for a 30 day extension. (Councilmember Goodson left the Chamber at 2:46 p.m.) Councilmember Davis questioned the original placement of the structure on the dilapidated structure list and if any substantial improvements have been made. Ms. Lociano responded that improvements have been made, but not substantial improvements. Councilmember Davis verified that there is 50% deterioration of the structure, and voiced his opinion that structures on the demolition list for four years is the break-off point for his consideration. He expressed his consideration with surrounding neighbors' concern and recommended that Council move forward with razing the property. (Councilmember Goodson returned to the meeting at 3:48 p.m.) Mrs. Morris explained that her husband had major back surgery in 1993, tries to do a good job, and asked Council to show mercy and grace and grant a 30-day extension. When the repairs are made, she said they plan to move back into the house and apologized to the neighbors for the condition of the property. (Councilmember Smith left the Chambers at 2:52 p.m. and returned at 2:55 p.m.) Mayor Moore commented about the extent of the work needing to be completed, questioned that it could be completed in 30 days, and asked Mr. Morris to restate the work already performed. Mr. Morris replied that he has replaced frame work, installed new ceiling rafters, stripped the roof, replaced decking, sheet rocked and painted a room, but said the sheetrock will have to be replaced again because the roof was open. However, Mr. Morris said he can finish the project in 30 days. Mrs. Eva Robertson, 1190 Glasshouse, again addressed Council to state the money spent on the structure at 1170 Glasshouse was received from an ice storm insurance claim and disclaimed that family members desire to move back to Beaumont from Houston. Mr. Herman Kirkmon addressed Council regarding property at 2063 Irving (#21--701 Grant, Residence/Commercial, 2037-57-61-63 Irving)to state that he has been out of town and tried to contact Pam Lociano when he returned. He stated that he is making arrangements with contractors to completely repair the building. Councilmember Davis confirmed that the first tag date was in 1998, restated his opinion that grass and property maintenance is important, and inquired aboutthe amount of time needed for rehabilitation. Ms. Lociano explained the legal procedure underway to remove the property from Lester Kirkmon, Jr.'s name to Herman Kirkmon, and spoke to the necessity of proper documents showing his ownership or authority to make decisions about the Minutes;4/27/99;Page 8 property. Councilmember Davis asked if 60 days would be appropriate. Staff affirmed that 60 days would be acceptable, stated the repairs will be costly, but expressed concern with an awning that could create a safety hazard. Mr. Kirkmon agreed to remove the awning. Mr. Bud Stanley, a resident of Pinewood in Sour Lake, addressed Council as an interested party of the property at 800 Grand. Mr. Stanley stated that he would like to demolish the structure and requested time to accomplish the demolition. Councilmember Cokinos questioned gasoline tanks on the property, and Mr. Stanley stated he is unaware of the location of any tanks. Mr. Gene Crosland addressed Council regarding additional time to demolish the structure at 4180 Steelton. He also spoke about a structure at 4190 that he wants to repair. (Mayor Pro Tern Patterson left the Council Chambers at 3:04 p.m. and returned at 3:05 p.m.) Councilmember Cokinos recommended working with Mr. Crosland by allowing him 90 days for demolition. Mayor Moore asked Mr. Crosland to begin immediately and commented about overgrown foliage that needs to be addressed. Pam Lociano reported there have been complaints about condition of the building, illegal activity occurring at 4190 Steelton, and a rat problem. The public hearing was closed at 3:10 p.m. Councilmember Goodson clarified that anyone receiving an extension should not only start, but complete repairs in the specified time or the structure will be brought back to Council for demolition. Mayor Moore asked that 1170 Glasshouse be removed from the list and voted upon separately. He clarified procedures for a raze and repair judgment versus a raze only decision. Councilmember Goodson moved to remove Item 2, 1170 Glasshouse, for separate consideration as requested and amend Ordinance No. 99-31 to grant a 30-day extension to Item 7, 3673 St. James; a 45-day extension to Item 32, 2545-65 S. 6th; a 60 day extension to Item 3, 2510 Houston-garage apartment, and Item 21, 701 Grant (Residence/Commercial--2037-57-61-63 Irving); and a 90-day extension to Item 19, 3050 Grand, and to Item 34, 4180 Steelton. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes Mayor Moore, Mayor Pro Tern Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None Councilmember Davis moved to raze the structure at 1170 Glasshouse within 30 days. Councilmember Smith seconded the motion. MOTION PASSED. Minutes;4/27/99;Page 9 Ayes: Mayor Pro Tern Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: Mayor Moore OTHER BUSINESS *Receive presentation and consider a request for a subsidy from Alliance Property Group, Inc. related to a proposed Senior Housing Development Mr. Harvey Searcey with Alliance Property Group Inc. made a concept presentation to Council regarding development of a 125-unit senior citizen housing development to be known as Beaumont Court at Fannett and Sarah Streets. There will be 111, 706 sq. ft. 1 bedroom units and 14, 850 sq. ft. 2 bedroom units, and a 1,740 sq. ft. community room. The units will be attractive, modern and affordable senior housing and will be located on about 9.5 acres. In addition to the clubhouse facility that would accommodate receptions, dances and informal gatherings, there will be an exercise and reading room. Additionally, there are areas for vegetable and flower gardens and extensive lighted paths and walkways for strolling and aerobic exercise. Each unit will have a covered porch facing a lush, green circulation area that will encourage interaction among residents and create a greater sense of community within the development. Each unit of the gated community will be equipped with a stove, refrigerator and microwave and an emergency call system for safety purposes. Units will be ADA compliant and accessible for residents with wheelchairs. (Mayor Moore left the Chambers at 3:32 p.m. and returned at 3:40 p.m.) Statewide Consolidate Community Development Corporation, a Texas non-profit corporation, will be the Managing General Partner, APG Development LLC will be a General Partner, and Kaufman and Broad Multi-Housing Group will be a Limited Partner/Tax Credit Investor. Mr. Searcey asked Council consideration for funding from HOME or CDBG funds. Council questions included the level of participation requested, and Mr. Searcey stated that the overall cost of the project will be about $7,350,000. They requested subsidized funds from the City would be approximately in the $650,000 range. They will leverage City dollars to more than ten to one. City monies will be conditional on the funds they raise. Partial repayment, permanent loan funding and residential receipts loans were questioned. Mr. Searcey said his financial analysis indicates that upon permanent loan funding, a minimum of approximately$171,000 could be returned within 14 months. Another question raised was the ultimate entity owning the facility and be in a limited partnership organization with a 5 per cent construction cost profit margin and almost $900,000 going to developer overhead. Comments were made that additional information will be required to explain this procedure, and that projects funded are essentially capital projects where there are true non-profits involved. Council consensus was that this is a viable project and expressed to the City Manager that further exploration is desired. Minutes;4/27/99;Page 10 *Report related to Section 108 funding Mayor Moore requested that this report be deferred to a later meeting. COMMENTS * Councilmembers comment on various matters Councilmember Goodson provided Mayor Moore with a copy of the Senate resolution in recognition of Beaumont Days in Austin and said there is another for Mr. A. J. Leger and the CVB staff. Mayor Moore thanked Councilmember Goodson for working on this venture and commented that Beaumont gave our legislators the momentum to strongly address the water rights of Southeast Texas. Councilmember Goodson excused himself to attend another meeting at 4:00 p.m. Councilmember Smith commented that the ribbon cutting for the new pool at Alice Keith Park was spectacular, and said that everyone should visit the park and see the new pool. She congratulated all of City staff and those who worked to make the beautiful addition of the pool possible. Councilmember Ames reiterated Councilmember Smith's comments about the ribbon cutting, and said the fountains and mushroom were beautiful. She also commented about a South Park resident, Mr. Walter Kennison,jumping in the pool as part of the ceremony. She spoke of all the activities planned for this weekend that include Boys Haven Crawfish Festival on Sunday, the Garden Club tour, and the YMBL Rodeo. Mayor Pro Tern Patterson said she is excited about the new pool at Alice Keith Park in Ward IV, said the ribbon cutting and program was really nice, thanked those who attended, announced that a Splash Day is being planned. She announced that the South Park Neighborhood Association meeting will be Thursday at 6:30 p.m., reminded everyone to vote on Saturday, said the COPS picnic will be in Tyrrell Park, and a Paint-A-Thon will be held this weekend. Mayor Pro Tem Patterson thanked Mrs. Daniels and the students from Ozen High School for attending Council and making the presentation to the Fire Department. Mayor Moore remarked about the irony of being in Colorado where the shooting tragedy occurred this past week and said he talked to the father of one of the victims. He said his prayers are with the families and commented about the efforts of the mayor of Littleton in conveying community expressions to the families. He spoke of how fortunate we are, and that we need to take advantage of being with our children through rodeo, at swimming pools or another activity. He called upon all adults to stay in tune with the young children and teens. * Public Comment (Persons are limited to 3 minutes) Minutes;4/27/99;Page 11 Mr. Laday, 5320 Phelps Road, addressed Council regarding relocation of a building near his home. Mayor Moore explained the requirements of the recently passed ordinance regulating moving structures and the penalties involved. Mr. Leday expressed opinions about dilapidated structures and moving a barn in front of his house. Mr. Leday also spoke of "traffic" at the barn and said stalls are being rented in a residential area. Mr. Walter Kennison, 4045 Rothwell, complimented the City for installation of the pool at Alice Keith Park, said he enjoyed his swim and the ribbon cutting. Mr. Kennison suggested setting aside certain times for particular citizens such as senior citizens and handicapped individuals to use the pool. He also addressed the amount of time being taken in the rehabilitation of the former Lamar Theater and properties, including those owned by the City, that need the grass cut. Mr. Kennison complimented Mr. Riley for being a good city manager, wished him well in retirement, and voiced anticipation of businesses being rekindled on Highland Avenue. Mr. Chuck Carpenter, 3345 Foxbriar, representing homeowners in the Briar Creek Subdivision, addressed Council regarding the impact of a zoning change with the property next to the post office from single family to commercial. He spoke of the financial investments in homes and the possible decline of those values, spoke of safety concerns and additional traffic. He stated that the intent to develop a large shopping center with Folsom being the access and egress road, and the only benefit will be the commercial developers. Mr. Carpenter said there is other commercial property available across Dowlen Road, and if the zoning is changed, he requested that there be no Folsom Road access to the shopping center and create a buffer zone of trees along a ditch. (Mayor Pro Tern Patterson left the Council Chambers at 4:25 p.m.) Mr. Herman Quinton, No. 1 Winchester Cove, addressed Council to speak of property he owns and leases out at 3475-85 South 11th Street and break-ins and equipment being stolen or vandalized. Mr. Quinton said he has complied with a request to move the trailers to the rear of the property and locate the vehicles to the front of the lot for easy visiblity by patrol cars. He said he has installed several security lights. Mr. Quinton spoke for the duration of three minutes, but had another item to discuss. Councilmember Davis requested that Kyle Hayes meet with Mr. Quinton to obtain details of his second concern. EXECUTIVE SESSION • Executive Session in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Claim of Lola Seastrunk Michael Newman dba Mike's Softworks • Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Manager Minutes;4/27199;Page 12 There being no further business, the meeting adjourned at 4:27 p.m. 1 David W. Moore, Mayor Barbara Liming, City Clerk Minutes;4/27/99;Page 13