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HomeMy WebLinkAboutMIN OCT 8 1996 M I N U T IE S . CITY OIL B EAUMONT Lulu L.smith DAVID W. MOORE, MAYOR Andrew P.Cokinos, Mayor Pro Tem Guy N.Goodson CITY COUNCIL MEETING Becky Ames John K.Davis OCTOBER 8, 1996 Bobbie J. Patterson Lane Nichols,City Attorney Ray A. Riley,City Manager Patrice Fogarty,City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on October 8, 1996, 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 Comments: Persons may speak on scheduled agenda items *Consent Agenda Mayor Moore called the meeting to order at 1:30 p.m. The Reverend Bill Halt of the Wesley United. Methodist Church gave the invocation and led in the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tem Cokinos, Councilmen Ames, Smith, Goodson, and Davis. Councilman Bobbie Patterson was absent. Also, present were Ray A. Riley, City Manager, Lane Nichols, City Attorney, Patrice Fogarty, City Clerk, and Barbara Liming, Deputy City Clerk. Mayor Moore announced an executive session to be held in accordance with Section 551.071 of the Government Code to discuss pending or contemplated litigation regarding the claims of Delia Howard and Delia Howard as parent and guardian of Raynaldo Brown, a minor child. Three Proclamations were issued: "National 4-H Week," October 6-12, 1996 (special honors extended to Adam Dehnert as recipient of the 4-H Gold Star Award for 1996 and Jenny Achilles, for the I Dare You Award for their outstanding record keeping); "YMCA Week Without Violence," October 6-12, 1996 (special announcement made by Ms. Jan Haynes that Mayor David W. Moore will be the recipient of the Sallye (Keith)Award for working towards racial harmony, promoting anti- violence programs and supporting family values at a banquet on October 15, 1996, at the McCabe Roberts United Methodist Church); and "Spinal Awareness Month," October, 1996. Citizens were invited to comment on the Consent and Main Agendas. No one wished to address these topics. CONSENT AGENDA The following consent agenda items were considered: Approval of minutes of the October 1, 1996, meeting; a. Confirmation of committee appointments - Resolution No. 96-239; b. Authorize compensation to the City Manager - Resolution No. 96-240; C. Authorize the settlement of claims - Resolution No. 96-241 and 96-242; Mayor Pro Tem Cokinos moved to approve the consent agenda. Councilman Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmen Smith, Goodson, Ames, and Davis Noes: None GENERAL BUSINESS 1. Approve a one-year contract with the Southeast Texas Arts Council. Councilman Smith moved to adopt Resolution No. 96-243 approving a one-year contract with the Southeast Texas Arts Council in the amount of $140,000. Councilman Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos. Councilmen Smith, Goodson, Ames, and Davis Noes: None 2. Approve a one-year contract with the Texas Energy Museum. Mayor Pro Tem Cokinos moved to adopt Resolution No. 96-244 approving a one-year contract with the Texas Energy Museum in the amount of$90,000. Councilman Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmen Smith, Goodson, Ames, and Davis Noes: None 3. Approve a one-year contract with the John J. French Museum. Mayor Pro Tem Cokinos moved to adopt Resolution No. 96-245, approving a one-year contract with the John J. French Museum in the Minutes;10/8/96;Page 2 amount of$40,000. Councilman Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmen Smith, Goodson, Ames, and Davis Noes: None 4. Approve a one-year contract with the Jefferson Theater Preservation Society. Councilman Smith moved to adopt Resolution No. 96-246, approving a contract with the Jefferson Theater Preservation in the amount of $25,000. Councilman Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmen Smith, Goodson, Ames, and Davis Noes: None 5. Adopt the Texas Municipal Retirement System's Restricted Prior Service Credit Ordinance. Councilman Smith moved to adopt Ordinance No. 96-56, AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, RESTRICTED PRIOR SERVICE CREDIT TO EMPLOYEES WHO ARE MEMBERS OF THE SYSTEM FOR SERVICE PREVIOUSLY PERFORMED FOR VARIOUS OTHER PUBLIC ENTITIES FOR WHICH THEY HAVE NOT RECEIVED CREDITED SERVICE;AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. Councilman seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmen Smith, Goodson, Ames, and Davis Noes: None 6. Approve the purchase of treadmills, associated with a Fire Department program designed to improve employee wellnesss and promote the overall health of firefighters. Mayor Pro Tem Cokinos moved to adopt Resolution No. 96-247, approving purchase of twelve treadmills from Unisen Star Trac in the amount of$33,300. Councilman Ames seconded the motion. MOTION PASSED. Sm Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmen ith, Goodson, Ames and Davis. Noes: None Minutes;10/8/96;Page 3 7. Authorize the acquisition of property for the Charlton-Pollard Neighborhood Revitalization Project. Mayor Pro Tem Cokinos questioned identity of the appraiser and amount of property value on the tax rolls. Action on the item was delayed until the information was provided to Council. Councilman Davis moved to adopt Resolution No. 96-248, authorizing acquisition of property at 570 Schwarner Street from Charlotte Jane Boykin for the appraised value of $2,500. Councilman Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmen Smith, Goodson, Ames, and Davis. Noes: None Abstained: Mayor Pro Tem Cokinos OTHER BUSINESS Review proposed Refunding Bond Series 1996, as attached hereto and made a part hereof. Review proposed adoption of the 1994 Standard Building Code, as attached hereto and made a part hereof. Councilmembers comment on various matters. Councilman Davis reported for Councilman Patterson that over 1,000 citizens were registered at the Voter Festival held September 28 at the L. L Melton YMCA and asked Public Works Director Tom Warner to assess Ewing Street from Long to IH 10 because of potholes and the heavy use of the street generated by traffic to two churches. Councilman Ames congratulated the Fire Department on the dedication of a community-donated Fire Rescue Unit at the State Fair last night that will travel to elementary schools to teach students procedures to follow if a fire should occur in their home. Councilman Goodson thanked Mayor Pro Tem Cokinos for attending the Amelia Neighborhood Association meeting and for his assistance with neighborhood street problems, addressed scheduling meetings with the Board of Adjustments and said he is very pleased with the improvement in the Charlton-Pollard neighborhood. Councilman Smith commented about funding to the arts and museums through the hotel-motel tax, said the money given to the Southeast Minutes;10/8/96;Page 4 Texas Arts Council is apportioned out in small amounts to many groups, spread throughout the community via many organizations to enrich the lives of all of us. She informed Public Works Director Tom Warner that residents near Ida Reed Park across the Interstate from the Salvation Army want the concrete culverts and basketball goal removed because the children cannot use the park. People from outside the neighborhood use the equipment and substitute concrete pipes and other things for restroom facilities and have created an unsightly area. She said transients from the Salvation Army sleep in the culverts during the day. Councilman Smith added congratulations to the Fire Chief for the new Fire Rescue Unit. Mayor Moore updated the progress of Councilman Patterson's recovery, commented about the City's contribution to the arts and enrichment to the community that provides development of talent and encourages cultural appreciation, spoke about success of the dedication of the public-private fire safety house and the opportunity for children to participate in a safety lesson in the mobile unit, thanked donors of the project and the Fire Department for its vision, explained the teaching method that will be used with this unit, thanked area mayors from Kountze, Silsbee, Port Arthur, Vidor, Sour Lake, West Orange for joining him in participating in the Carousel of Mayors at the Fair, expressed appreciation for those who contacted him recently during the experience of losing his nephew through a random act of violence and thanked Council for their continued involvement in the neighborhood associations. Public Comment (Persons are limited to 3 minutes) Mr. Mac Arthur English, 3135 Corley, on behalf of the Fourth Street Addition of Corley/Cartwright, questioned pumps being turned on September 27 during the heavy rains, spoke about unnecessary flooding caused by large, fast-traveling vehicles forcing waves of water into homes of residents that do not have flood insurance. Mayor Moore told Mr. English that efforts have been made to aid with flooding on Cartwright and Corley, commented that the fall of water was immense and that emergency vehicles have priority right-of-way into communities because a life might be dependent upon their arrival. Mrs. Mary L. Smith, 3165 Corley, Mrs. Mildred Jenkins, 3202 Corley, and Mr. Raymond Mayfield, 3110 Corley, added comments and concerns about flooding on Corley and Cartwright Streets for several years and requested assistance. Minutes;10/8/96;Page 5 Mr. Ivory Pugh, 5750 Stanford, complained about traffic tickets his son received from the Police Department, harassment and lawsuits and again spoke about the tragic death of a 16-year-old boy. Mr. Jordon Burton, 1830 Fairway, on behalf of Ms. Carol Perkins, requested exception for her to continue housing 12 cats at 1065 Norvell Street and stated they are well cared for and part of her therapy. Mr. Tony Jones, 3715 East Lucas, expressed appreciation for the proclamation issued regarding the 4-H program, reviewed their involvement in training seeing-eye puppies and related his personal experience with the 4-H training Zenon, his own seeing-eye dog, and submitted options for naming the new northend library. Mr. Archie Land, 435 Langham Road, Director of Land Manor, distributed copies of a letter to Council he wrote to the Texas Department of Criminal Justice declining a contract to house convicted sex offenders.. Mr. Land clarified for concerned citizens that none of his facilities will be used for housing convicted sex offenders. He told Councilman Davis that he will attend a neighborhood association meeting on October 15 to explain his stand. Mr. Lynn DeMary, 430 East Elgie, reported concerns voiced at a recent Federation meeting: trash receptacles remain at curb several days after collection; too many group homes, too close together; better explanation to residents of the dilapidated structure demolition process; and a request by members of the ACORN association for improvements to the railroad crossing at Major Drive and College Street. Councilman Davis added that trash cans remaining at the curb interfer with traffic visibility around corners. Mr. Roberto Flores, Sr., 2425 Buchanan, distributed fliers to Council that announce a meeting on October 13 at Cristo Rey Catholic Church designed to explain, and possibly form, a Neighborhood Association of the Avenues and a celebration of the Hispanic culture called "El Dia De Los Muertos" (The Day of the Dead), funded and sponsored by the Art Museum, that will feature a group of mariachis from Houston, a local dance group and ethnic foods on October 27 at 2:00 p.m.. Mr. Flores invited Council to take opportunity to learn more about the Hispanic population in Beaumont at these functions. Councilman Davis thanked Mr. Flores for his involvement in Beaumont and in the Hispanic community. Minutes;10/8/96;Page 6 There being no further business, the meeting recessed at 3:25 p.m. to reconvene in executive session. Mayor David W. Moore 0'.1 - Patrice Fogarty, Ci Clerk Minutes;10/8/96;Page 7 INTER-OFFICE MEMORANDUM � K. Finance City of Beaumont,Texas Date: October 2, 1996 To: Ray Riley, City Manager From: Kandy Daniel, Treasurer k� Subject: Debt Service COMMENTS Based on an analysis by the City's Financial Advisor, Mr. Frank Ildebrando of Rauscher Pierce Refsnes, it has been determined that a refunding opportunity is available which would save the City approximately $1.9 million in interest costs over the next nine years. This will allow the City to issue new debt to complete needed street improvements in 1997 without increasing the current tax rate. We propose to refund a portion of the $55.6 million Refunding Bonds, Series 1987. $26.3 million Current Interest Bonds maturing on or after March 1, 1998 are subject to redemption, at the option of the City, on March 1, 1997. The window for refunding these bonds is from December 1, 1996 through March 1, 1997 and we believe the best time for this would be in December so that the City can maintain it's "bank qualified" rating on debt issued in 1997. Debt is considered "bank qualified" if an entity issues less than $10 million in debt in any calendar year and carries a lower interest rate than debt which is not bank qualified. In January 1996 the City issued $16 million in Certificates of Obligation and $16.2 million Refunding Bonds thus making the City ineligible for bank qualification in 1996. Attached is a schedule of events for the proposed refunding as well as an estimated debt service schedule. Mr. Frank Ildebrando will present the proposed issuance in more detail at the Council Workshop on Tuesday, October 8, 1996. ATTACHMENT 1 -1�� 4 �1�, is"•�+1 YAUJLri� J4 CTrY OF BEAUMONT Rcf coding Bonds Series 1996 Revised Schedule of Events OCTOBER NOVEMBER DECEMBER SM rWT F S SMTWYT F S SMTWVT F S 1 2 3 4 5 1 1 2 3 4 5 6 7 6 7 8 910111 3 4 5 6 7 8 9 8 9 10 1112 13 14 1314151617181 10 1112 13 14 15 16 1516 171819 20 21 20 2122 23 24 25 26 17 18 19 20 2122 23 22 23 24 25 26 27 28 27 28 29 30 31 24 25 26 27 28 29.A 293031 Dav/Nk Actin Widmo Tuesday, Oct. 8 City Council Meeting to Rcview and RPR, CITY Approve Schedule of Events Friday, Oct. 11 First Draft of Preliminary RPR Officig StatemaA(P.O.S.) Friday, Oct. 18 Seoond Draft of P.O.S. RPR, OBT (Forward to OBT and City) Tuesday, Oct. 22 Third Draft of P.O.S. RPR, OBT, CITY (Forward to Bond Insurers and Rating Agencies) Thursday, Oct- 24 Due Diligence Conference Call RPR, OUT, CITY Friday, Oct. 25 Distribute Final Draft to all Partidpantc RPR Tuesday, Oct. 29 City Coundl Appnwes P.O.S. &N.O.S. RPR, OBT, CITY way,Oct. 30 Final Comments Due on P.O.S. RPR, OBT, CITY Thursday, Oct. 31 Print mnd Mail P.O.S. RPR Tuesday, Nov. 12 Adopt Order Auk the RPR, OBT, CiTy Luuanm of the Bonds (City Council Meeting- Bond Sale) Friday, Nov. 15 Review Final Official Statement RPR, OBT, CrIT T wday,Nov. 19 Print Final Offical Statement RPR Thurs., Dec. 12 Delivery of Bonds RPR, OBT, CITY PAR32CIE&M CTTY• City of Beaumont RPR - Rauscher Piewe Refma,Inc. OBT -Orgain, Bell do Tucker OCT-02-19% 09:20 ?13 6513347 97% P.02 ThR City of 11,08 font LESS$ DEBT PLUSs...... Refunding Bonds Series 1996 ------ YEAR SERVICE ON ENDING CURRENT TOTAL REFUNDED CURRENT INTEREST BONDS CAPITAL POST RFNDNG 09/30 DEBT SERVICE 80110S(1) PRINCIPAL INTEREST APPR BONDS DEBT SERVICE SAVINGS 1997 9,424,354 2,002,130 1,040,000 959,690 9,421,914 35,123 1998 9,421,569 7,668,568 6,540,000 1,126,745 9,419,746 1,823 1999 9,425,379 7,666,268 6,630,000 835,803 9,424,914 465 2000 9.425,012 7,671,115 7,150,000 517,598 9,421,495 3,517 2001 9.429,193 7,665,388 7,320,000 175,660 9,259,48S 169,706 2002 9,427,810 426,075 9,001.735 426,075 2003 9,426,168 434,625 8,993,543 434,625 2004 9,428,980 441,250 6,987,730 441,250 200S 9,431,146 446,250 6,984,898 446,250 2006 7,931,254 7,931,254 2007 7,933,335 7,933,335 2008 3,403,060 3,403.060 2009 3,281,780 3,281,780 2010 3,187,46S 3,187,465 2011 1,555,093 1,555,093 2012 1,529,410 152 ,410 2013 1,505,545 1,505,545 2014 1,486,450 1,486,450 $116,655,005 $34,421,669 $28,880,000 (3,615,516 $114,728,852 $1,958,836 (1) - This column only reflects debt payments scheduled after 12110/96. First year swings include $32,683.00 of accrued interest received at delivery. i Prepared by Reuscher Pierce Refenes, Inc. BEAU96: AGG965S 4r,G96REF 4EW97R 09/24196 S 21:04 INTER-OFFICE MEMORANDUM ------------------------- CITY OF BEAUMONT, TX TO: Ray A. Riley, City Manager FROM: Kyle Hayes, Assistant to the City Manager SUBJECT: Adoption of 1994 Standard Building Code DATE: October 2, 1996 The City adopts the Standard Building Code published by the Southern Building Code Congress International for the purpose of establishing rules and regulations for the construction and alteration of buildings and structures, although amendments are made to reflect local additions. A new code is published every three years in order to maintain current building technology. The 1988 Standard Building Code was adopted by the City in 1989 and is the current edition in use. The 1994 Standard Building Code was submitted to the Building Board of Adjustment and Appeals for recommendation of adoption. The 1994 Standard-Plumbing Code, the 1994 Standard Gas Code and the 1996 International Mechanical Code were submitted to the Plumbing and Mechanical Board of Review for recommendation of adoption. The comments raised by the boards have been assimilated and included as amendments in the new Codes where appropriate. 1994 Standard Building Code Section 905 of the 1994 Standard Building Code (SBC) dealing with fire alarm systems would be deleted because it is referenced in the Standard Fire Prevention Code. Section 3313.7 of the 1994 SBC dealing with the moving of buildings and improvements made by owners would be amended. New language would be added to require that any house, building or structure proposed to be moved shall comply with requirements of the 1994 SBC prior to issuance of a moving permit. Second, the owner of any house, building or structure proposed to be moved shall make all necessary improvements required in order for the building or structure to comply with requirements of the 1994 SBC within 60 days from the date of issuance of the moving permit. The 1994 SBC allows 90 days. Third, houses, buildings or structures designated as historical or architecturally significant by the City's Historical Landmark Commission or the Texas Historic Commission are exempted from the provisions relating to compliance with the SBC prior to moving and the 60 day compliance requirement. All other amendments are currently in the Code of Ordinances and were approved by the Building Board of Adjustments and Appeals. ATTACHMENT 2 1944-Standard Plumbing Code Section 611.3 of the 1994 Standard Plumbing Code under Water Distribution Pipe, Tubing, and Fittings would be deleted, and new language would be added to require that underground inaccessible water distribution piping under a slab be made of copper water tube minimum type «L„ Section 703.2 would be deleted and new language added to require all sanitary drainage piping to be schedule 40 pvc or better, cast iron, or copper tube. The other amendments to the 1994 Standard Plumbing Code are presently in the Code of Ordinances. All of the amendments were approved by the Plumbing and Mechanical Board of Review. 1994 Standard Gas Code There are no new amendments being proposed. The Plumbing and Mechanical Board of Review recommended adoption of the 1994 edition as is. 1996 International Mechanical Code Additional language would be added to Section 301.7 to require that all electric connections between fuel-fired appliances, mechanical equipment, and the building wiring shall conform to National Fire Prevention Association 70 guidelines commonly known as the National Electrical Code. Additional language would be added to Section 501.3 concerning ventilation or exhaust systems. The new language would allow for ventilation of bathroom exhaust from one and two family dwellings into the attic or crawl spaces, provided this space is ventilated. All other amendments are presently in the Code of Ordinances and were approved by the Plumbing and Mechanical Board of Review. The International Mechanical Code is the first code written by the International Code Council. Currently, there are three organizations in the Country that publish codes. These organizations are the International Conference of Building Officials, Building Officials and Code Administrators International, and the Southern Building Code Congress International. The three code organizations have joined together to form the International Code Council (ICC). The goal of the ICC is to have the entire country under the same code, with local amendments as needed, by the year 2000. In conjunction with the adoption of the above new codes, staff is recommending the consolidation of the three existing boards by the establishment of a Construction Board of Adjustment and Appeals (CBAA). The creation of the new board is more aligned with the recommendation of the 1994 Standard Building Code. Ultimately, the CBAA would have seven members and two alternates composed of individuals with knowledge and experience in the technical codes, such as design professionals, contractors or building industry representatives. Among the three existing boards, there are five vacancies and two members whose terms have expired. The remaining fourteen (14) board members would remain on the CBAA until their terms expire. Once the number of board members falls below nine, a new member will be appointed in accordance with the membership requirements. The above information will be discussed at the October Sth Council meeting.