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MIN FEB 11 1992 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD FEBRUARY 11, 1992 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 11th day of February, 1992, with the following present: HONORABLE: Evelyn M. Lord Mayor Andrew P. Cokinos Councilman At Large Brian R. Alter Councilman At Large Guy N. Goodson Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Absent: Lulu L. Smith Mayor Pro Tem Councilman, Ward I Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by Mayor Lord. The Pledge of Allegiance was led by Councilman Goodson. -000- Two Proclamations were issued: "National Sales Month, " February, 1992 ; and "Health Occupations Students of America Week, " February 10-15, 1992 . -000- Lamar University student, Rob Whitmarsh, introduced Don Burnett, Student Government President, and Mike Van Choi, "Love Lamar Week" Chairman. The students presented red tee-shirts and towels with the Lamar University insignia to Council and distributed Lamar bumper stickers, emblems and pencils to Council, City Staff, and members in the audience. Mike Van Choi briefly described the remaining "Love Lamar Week" celebration activities and invited Council and community participation and support. -000- Citizen comment was invited on the Consent and Main Agendas. No one wished to address these items. -41- February 11, 1992 The following Consent Agenda item was considered: Approval of the Minutes of the regular City Council session held February 4, 1992 . The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Mayor Lord announced that an Executive session will be conducted following the regular City Council meeting in accordance with Section 2 (g) of the Texas Open Meetings Act to discuss personnel matters (evaluation of appointed officials) and Section 2 (e) to discuss contemplated or pending litigations: JoAnn Stuart vs. the City of Beaumont, Judith Cobbett vs. the City of Beaumont, Mildred E. Jones et al vs. the City of Beaumont, and Darnell Pinell, II vs. the City of Beaumont. -000- Ordinance No. 92-13 ordering an election for May 2, 1992 , to elect a mayor and two councilmembers-at-large and, if necessary, ordering a runoff election for the office of mayor on May 30, 1992 , was considered: ORDINANCE NO. 92-13 ENTITLED AN ORDINANCE ORDERING A GENERAL ELECTION TO BE HELD IN THE CITY OF BEAUMONT ON THE 2ND DAY OF MAY, 1992, AS PROVIDED BY LAW, FOR THE PURPOSE OF ELECTING A MAYOR AND TWO (2) COUNCILMEMBERS-AT-LARGE; PROVIDING FOR PLACES WHERE SUCH ELECTION SHALL BE HELD; APPOINTING OFFICERS TO PRESIDE OVER SAID ELECTION; APPOINTING AN EARLY VOTING BALLOT BOARD FOR EARLY VOTING; APPOINTING A MANAGER AND JUDGE OF THE CENTRAL COUNTING STATION; PROVIDING FOR NOTICE THEREOF; ORDERING A RUNOFF ELECTION IF NECESSARY TO BE HELD ON THE 30TH DAY OF MAY, 1992 ; PROVIDING FOR JOINT ELECTION WITH THE BEAUMONT INDEPENDENT SCHOOL DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Ordinance No. 92-13 was approved on a motion made by Councilman Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- -42- February 11, 1992 Resolution No. 92-42 authorizing purchase of additional emergency vehicle priority control components from Consolidated Traffic Controls, Incorporated in the amount of $48,700. 00 for the Opticom Priority Control System to be installed at twelve (12) intersections (Calder & Ewing, Fourth & Liberty, Liberty & Magnolia, Gladys & Thomas, Calder & 23rd, IH-10 & Laurel, College & 23rd, Peyton & Phelan, 4th & Sarah, 23rd & Washington, Lindbergh & Washington, and Langham & Washington) was approved on a motion made by Councilman Alter and seconded by Councilman Cokinos. Question: Ayes: Nayes: -000- Resolution No. 92-43 authorizing a contract in the amount of $117, 698. 00 with Premium Construction for development of a creative playground, horse trails and foot trails in Tyrrell Park was approved on a motion made by Councilman Moore and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Resolution No. 92-44 authorizing purchase of fleet maintenance software at $25, 000. 00, general ledger interface not to exceed $6,400. 00, estimated training fees at $2 ,880. 00, and estimated travel expenses at $1,790. 00 from Transportation Management Techniques, Inc. , for an estimated total cost of $36, 070. 00, was approved on a motion made by Councilman Alter and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 92-45 accepting the work performed by Excavators and Constructors, Inc. for construction of Contract IV, Sanitary Sewer Improvements, consisting of a sewer line to extend service to new prison facilities south of the city on West Port Arthur Road, accepting Change Order No. 2 to reflect as-built quantities, a contract period extension, payment for extra work required for crossing Hillebrandt Road for a net reduction of $1,776.56, and authorizing final payment in the amount of $28,772 .57 was approved on a motion made by Councilman Samuel and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No. 92-14 directing publication of a Notice of Intent to issue $13,300,000 in Public Improvement Bonds, Series 1992 , (including the last $2 million remaining unsold from a $33 million street improvement issue voted in 1980 and $11. 3 million remaining unsold from a $16 million drainage improvement issue voted in 1983) was considered: -43- February 11, 1992 ORDINANCE NO. 92-14 ORDINANCE AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE REVENUE BONDS The City Manager said that $2 million in Street Improvement Projects will be put into the Capital Improvement Program and permit further construction of West Lucas, Concord and Liberty Laurel Phase II and III. He explained that the $2 million will not be enough to complete the projects, but there are Federal funds available. In addition, the $11. 3 million for Drainage System Improvements will permit planning for construction of the Cartwright-Terrell Street Box ($8 .5 million) , High School Ditch ($850, 000) , Fannin Street Box ($600, 000) , Moore Street Ditch ($600, 000) , Broadway Box ($250, 000) , and Ditch 904 ($140, 000) . He said the tentative schedule for sale of the bonds is February 18th and the closing on March 3rd. Ordinance No. 92-14 was approved on a motion made by Councilman Alter and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Mr. Riley reported that Mayor Lord, Walter Thomas, finance officer, and he along with Frank Ildebrando, the City's financial advisor, met with bond rating agencies, Moody's and Standard and Poor' s, last Thursday and Friday to discuss Beaumont' s improved financial condition in anticipation of obtaining a better rating for Beaumont bonds. -000- Ordinance No. 92-15 authorizing publication of a Notice of Intent to issue up to $20,000,000 in Waterworks and Sewer System Junior Lien Revenue Bonds, Series 1992, with proceeds to be used to finance sewer system improvements including development of an artificial wetlands to upgrade effluent from the sewage treatment plant, improvements to the plant's electrical system, replacement of its computer control system and improvements to existing sewer lines, was considered: ORDINANCE NO. 92-15 ORDINANCE AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE REVENUE BONDS Mr. Riley explained that these bonds will be purchased by the State at a rate 1/4 to 1/2% below the normal rate, and that over $18 million of the sale will be applied toward the construction of the artificial wetlands treatment system, which will be the largest treatment system of its kind in the country, and should be a tourist attraction. The artificial wetlands was chosen over running pipe to the Neches River because of -44- February 11, 1992 flexibility in future planning. Mr. Riley said that design of the vegetation will provide a natural, attractive environment and component that will fit in with Tyrrell Park. Ordinance No. 92-15 was approved on a motion made by Councilman Goodson and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- Resolution No. 92-46 authorizing submission of Rental Housing Rehabilitation Program amendments to the Federal Department of Housing and Urban Development to convert the program from making zero interest loans to grants not to exceed 49% of rehabilitation cost and to include one bedroom units in the program was approved on a motion made by Councilman Alter and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 92-47 authorizing approval of changes in the Owner Occupied Housing Rehabilitation Program by: 1. ) increasing the grant amount from $15, 000 to $20, 000 for intensive rehabilitation 2 . ) establishing a Rehabilitation Board of Adjustments and Appeals 3 . ) allow owners to solicit bids from an approved list and select the contractor of their choice from the two lowest bids within 10% of Housing staff estimates 4. ) shift responsibility to home owner to complete the application, identify work to be done, select contractor and monitor work in progress 5. ) shift responsibility to contractor to prepare line item costs, sell proposal to homeowner, limit contractor performance to program' s general specifications and 6. ) establish timely completion of contract by requiring work to commence no later than ten days after award of contract and completion time will be 20 days for emergency cases and 45 days for full rehabilitation cases was approved on a motion made by Councilman Alter and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Ordinance No. 92-16 amending Chapter 14 of the Code of Ordinances and the Owner Occupied Housing Rehabilitation Program to include definition changes, establishment of a seven (7) member Rehabilitation Board of Adjustments and Appeals, updating language and modifying promissory notes and loan delinquency criteria was considered: -45- February 11, 1992 ORDINANCE NO. 92-16 ENTITLED AN ORDINANCE AMENDING CHAPTER 14, ARTICLE V OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND THE CITY'S OWNER OCCUPIED HOUSING REHABILITATION PROGRAM; PROVIDING FOR SEVERABILITY; AND PROVIDING A REPEAL. Ordinance No. 92-16 was approved on a motion made by Councilman Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- Resolution No. 92-48 authorizing a contract not to exceed $400, 000. 00 with the Innovative Housing Development Corporation to operate a Housing Construction Program to help families in low to moderate income levels obtain affordable housing by providing funds for down payments, buy down mortgage principal or interest or assist with closing costs was approved on a motion made by Councilman Alter and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Councilman Alter reported Mayor Lord and he attended a very good meeting with the Charlton-Pollard Neighborhood Association, Saturday, and he felt a lot of misunderstanding was cleared up relating to Neches Park. Councilman Moore shared that several people have informed him that the Charlton-Pollard Neighborhood Association meeting was very good and thanked Mayor Lord and Councilman Alter for attending in his absence. Mayor Lord concurred with Mr. Riley's report that the meeting in New York with bond rating agencies was good and said a better bond rating should bring more dollars into our community. -000- There being no other business, the Regular Session of City Council was adjourned to reconvene in Executive Session. -000- I, Rosemarie Chiappetta, 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 February 11, 1992 . Rosemarie Chiappetta City Clerk -46- February 11, 1992