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HomeMy WebLinkAboutMIN JANUARY 2 1996 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JANUARY 2, 1996 - 1 :30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 2nd day of January, 1996, with the following present:: HONORABLE: Becky Ames Mayor Pro Tem Councilman-At-Large Andrew P. Cokinos Councilman-At Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II John K. Davis Councilman, Ward III Bobbie Patterson Councilman, Ward IV Absent: David W. Moore Mayor Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Smith City Clerk -000- The Invocation was given by Mr. Max Dawson, Dowlen Road Church of Christ. The Pledge of Allegiance was led by Mayor Pro Tem Ames. -000- Accompanied by Mr. Rick Hagar, chairman of the Community Involvement Committee and Public Relations Coordinator and Mr. Stephen R. Cornell, manager of Fina Oil and Chemical Company in Port Arthur, Ms. Jannetta Bowden presented a check in the amount of $6,215.79 for the Beaumont Public Library System Literacy Program to Director of Libraries Maurine Gray from employees of Fina. Fina has supported the literacy program financially and with employee participation in training and tutoring for several years. -000- Mayor Pro Tem Ames announced that an executive session will be held in accordance with 1 January 2, 1996 Section 551.071 of the Government Code to discuss contemplated or pending litigation: Gulf States Utilities and Rebecca Conley, et vir. Vs. Parigi Investments Inc et al following the regular session of City Council. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 5 through 7. No one wished to address these subjects. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council meeting held December 19, 1995; Resolution No. 96-1 appointing Vic Carlstrom to the Keep Beaumont Beautiful Commission for a term expiring January 1, 1998 and as Chairman for a term expiring January 1, 1997; Resolution No. 96-2 authorizing purchase of Parcel 36: 0.199 of an acre out of Lot 6, Block 7 of Wescalder Fig Acres Addition (2360 South Major Drive)for the appraised value of$35,400.00 less improvements retained ($800 for wood frame residence, $5 for metal fence, $1 for landscaping) for total compensation of$34,594.00 to Mr. and Mrs. R. I. Brown; and Parcel 40: 0.165 of an acre being Lot 4, Block 7, Wescalder Fig Acres Addition (2220 South Major Drive) for the appraised value of $25,000.00 less improvements retained ($500 for wood frame residence and $1 for landscaping) for total compensation of$24,499.00 to Mrs. Otis Ross Ferguson for improvements to FM 364/Major Drive Project from Highway 105 to State Highway 124; and Resolution No. 96-3 authorizing settlement of the claim of Melissa Robin Henderson in the amount of $15,000.00. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Ordinance No. 96-1 authorizing a zone change from RS to GC-MD for a 1.826 acre tract out of the A. Huston Survey lying south of Dishman Road, 400' west of Major Drive and bound on the southwest by the 110' wide DD#6 drainage ditch right-of-way at the request of Dartez, Carroll and Blackman, Inc., an engineering firm representing the Nichols Development Company, with a recommendation for approval by the Planning Commission was considered: 2 January 2, 1996 ORDINANCE NO. 96-1 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 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 RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR A 1.826 ACRE TRACT OUT OF THE A. HUSTON SURVEY, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 96-1 was approved on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 96-2 rezoning 32 acres north of Buford Street from Greer east 2,730 feet to a point 206' east of Carroll Street from LI District to PD at the request of the Port of Beaumont Navigation District with a recommendation for approval from the Planning Commission was considered: ORDINANCE NO. 96-2 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 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 LI (LIGHT INDUSTRIAL) DISTRICT TO PD (PORT DEVELOPMENT) DISTRICT FOR 32 ACRES NORTH OF BUFORD STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 96-2 was approved on a motion made by Councilman Cokinos and seconded by 3 January 2, 1996 Councilman Patterson. Question: Ayes: Mayor Pro Tem Nayes: None Ames Councilman Cokinos Councilman Smith Councilman Davis Councilman Patterson Abstained: Councilman Goodson Councilman Davis asked that he be apprised if there should be any change with the Port expanding beyond Buford Street and complimented Planning Director Steve Richardson and his staff for their good work in the Charlton-Pollard Neighborhood Revitalization Plan. -000- An ordinance authorizing a Specific Use Permit to allow the Followers of Christ Deliverance Ministry to move an existing 87' x 35' frame building onto a 0.25 acre tract located at 4710 Avenue A for use as a church at the request of the the Reverends Joseph and Margie Stelly with recommendations for denial from the Planning Director and Planning Commission was considered: ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH ON LAND ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 4710 AVENUE A IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. The ordinance was denied on a motion made by Councilman Smith and seconded by Councilman Patterson. Question: Ayes: All Nayes: None -000- Ordinance No 96-3 granting a Specific Use Permit to allow the Cathedral of Faith Baptist Church to build a new church on 8.75 acres of vacant land in the 3700 block of Fannett Road within an area zoned RM-H District with a recommendation for approval by the Planning Director and Planning Commission was considered: 4 January 2, 1996 ORDINANCE NO. 96-3 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH ON LAND ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED IN THE 3700 BLOCK OF FANNETT ROAD (S.H. 124), IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 96-3 was approved on a motion made by Councilman Patterson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 96-4 approving the preliminary official statement and authorizing the distribution of such documents in order to issue $16,000,000 in new Certificates of Obligation, Series 1996, dated January 2, 1996, to include $1.5 million for the solid waste automated refuse collection trucks, was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None Resolution No. 96-5 approving the preliminary official statement and authorizing the distribution of such documents in order to issue approximately$15,900,000 in Refunding Bonds, Series 1996, was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 96-6 approving A. G. Edwards & Sons, Inc., Apex Securities, Inc., First Southwest Company, Grigsby Brandford & Co., Inc., Masterson Moreland Sauer Whisman, Inc., Merrill Lynch & Col, Inc., Southwest Securities and Texas Commerce Bank as underwriters who will operate as two separate consortiums to market and sell the 1996 Refunding Bonds and Combination Tax and Revenue Certificates of Obligation was presented. Mr. Frank Ildebrando of Rauscher Pierce Refsnes, Inc. explained the selection process and criteria in choosing underwriters and senior managing underwriters. He said that questions in the requests for proposals included locations of company headquarters, number of Texas offices, number of registered representatives, senior and managing underwriting experience, city bond experience, estimated rates as of December 1, 1995 and their estimated compensation, including expenses. 5 January 2, 1996 With an established rating system, weighting the points toward experience, eight (8) underwriters were chosen. Mr. Ildebrando said that for the $16,000,000 Certificates of Obligation Bond issue, First Southwest Company has chosen as the Senior Managing Underwriter along with Apex Securities, Inc., Masterson, Moreland Sauer Whisman, Inc., Southwest Securities and Texas Commerce Bank as underwriters, with each receiving 20% participation in the issue. He said First Southwest Company has been chosen as the Senior Managing Underwriter for the $15,900.000 Refunding Bond issue with A. G. Edwards & Sons, Inc., First Southwest Company, Grigsby Brandford & Co., Inc., and Merrill Lynch & Co., Inc., as member underwriters. In response to Council queries, Mr. Ildebrando further detailed tie-breaking methods, equality of the rating system and opportunity for minority participation. Resolution No. 96-6 was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- An ordinance to transfer of $50,000 within the General Fund from the contingent appropriation to City Council - contract services and authorize a contract with the Beaumont Independent School District to provide two pilot Extended Day Programs (recreational and tutorial) at Blanchette Elementary and French Elementary School was considered: ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL PERIOD OCTOBER 1, 1995 TO SEPTEMBER 30, 1996 TO APPROPRIATE $50,000 FROM THE CONTINGENT APPROPRIATION TO THE "CITY COUNCIL - CONTRACT SERVICES" LINE ITEM IN THE GENERAL FUND; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE BEAUMONT INDEPENDENT SCHOOL DISTRICT FOR A ONE (1) YEAR PILOT EXTENDED DAY PROGRAM AT FRENCH AND BLANCHETTE ELEMENTARY SCHOOLS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilman Cokinos confirmed that the contract would only be for a one-year pilot program, questioned continuation of the program and made a motion for approval. The motion died for lack of a second. Further Council comments included deferral of action until Mayor Moore is present, not having an actual contract in hand to approve, expected date for receipt of contract to review, separate action for the transfer of funds from the contract for approval today, setting a precedent, responsibility of 6 January 2, 1996 the sponsoring group to raise private funds for the program, a general support of the program and a hesitancy to act without a contract. After further discussion, Ordinance No. 96-4 authorizing transfer of$50,000 from the Contingent Appropriation to the "City Council - Contract Services," (without a contract with BISD) as a show of good faith, was considered: ORDINANCE NO. 96-4 ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL PERIOD OCTOBER 1, 1995 TO SEPTEMBER 30, 1996 TO APPROPRIATE $50,000 FROM THE CONTINGENT APPROPRIATION TO THE "CITY COUNCIL - CONTRACT SERVICES" LINE ITEM IN THE GENERAL FUND; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Ordinance No. 96-4 was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: Mayor Pro Tem Nayes: Councilman Smith Ames Councilman Cokinos Councilman Goodson Councilman Davis Councilman Patterson -000- Mayor Pro Tem Ames and City Council members expressed wishes to everyone for a Happy New Year. In addition, Councilman Davis commented about the tremendous amount of time councilmembers spend serving their constituents through neighborhood association meetings, community functions and time spent trying to resolve the needs and concerns of citizens versus necessary scheduling of time to personal commitments and the possible need to review the Charter regarding City Council. Councilman Cokinos questioned Public Works Director Tom Warner on the status of repair to the railroad tracks on Calder, Laurel, McFaddin and North Street. Mr. Warner responded that the most of the Liberty-Laurel problems will be addressed with the street project with Southern Pacific and that the Santa Fe Railway has been contacted, but have not responded to date. 7 January 2, 1996 Councilman Goodson said that 1995 was an interesting year and commented about the loss of Fire Chief Pete Shelton though his retirement and Margaret Harmon through a fatal illness and the adjustments that will be necessary. Also, he commented about changing of the guard at the Jefferson County Commissioners Court that will add interest to the new year, said citizens do seem to require more of elected and appointed officials and that serving the public does take a lot of time, but said constituents have been very understanding when schedules have not allowed participation in functions and hopes their generosity continues. Councilman Smith thanked City Staff for support to Council and the City Manager for guiding activities for the City this past year. Mayor Pro Tem Ames stated that Council supports efforts of the Triangle Interfaith group in promoting an after school program at the two elementary schools, said she hopes they understand that Council is taxed with a great burden spending money with a first time endeavor and are trying to dot all I's and cross all t's, said she questions if it is the responsibility of the City to go forward with further action and asked for their help in getting the contract expedited with the Beaumont Independent School District. -000- Ms. Angela Busceme, 2110 Victoria; Mr. Gene Landry, 895 Princeton; Ms. Roma Roberts, 2063 Cable; and Ms. Irene Lopez, 1125 Norwood, representing the Triangle Interfaith Association, addressed Council in support of contracting with the Beaumont Independent School District for operation of the Extended Day Program at French and Blanchette Elementary School and asked for clarification regarding their participation and assistance in with the contract. City Manager Riley explained that because of the school holiday, there has been no communication with the School District and in order for the contract to be acted upon at the next Council meeting, his office needs to receive a copy soon. Dr. William Boren, 8095 San Diego, distributed printed information to Council, said he has learned about the banning handguns on buses and said that the right to keep and bear arms is a Constitutional right and any law contrary to that law is void. Mr. Tony Jones, 3715 East Lucas, told Council that as a sight impaired citizen, he feels safer knowing handguns are not permitted on buses and that bus drivers do not need another responsibility. Mr. Forrest F. "Ted" Posey, 3695 Edmonds, complimented Council and the City Manager for their leadership in 1995 and spoke about the Adopt-A-Street program, general clean-up of trash and saving money for the City. 8 January 2, 1996 There being no further business, the regular session of City Council recessed before convening in executive session. -000- 1, Rosemarie Smith, City Clerk of the City of Beaumont, Texas, certify that the above is a true copy of the Minutes of the regular City Council session held January 2, 1996. Rosemarie Smith City Clerk 9 January 2, 1996