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MIN JUL 28 1992 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JULY 28, 1992 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 28th day of July, 1992 , with the following present: HONORABLE: Evelyn M. Lord Mayor Brian R. Alter Mayor Pro Tem Councilman At Large Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I Audwin Samuel* Councilman, Ward III Absent: Guy N. Goodson Councilman, Ward II David W. Moore Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk (Councilman Samuel arrived at 1: 35 p.m. during the first citizen comment. ) -000- The Invocation was given by City Attorney Lane Nichols. The Pledge of Allegiance was led by Councilman Cokinos who asked Mr. Gus Keriotis to assist him. -000- A Proclamation was issued to "Gus Keriotis" in recognition of his contribution to the restaurant industry and community and recent induction into the Texas Restaurants Association Hall of Honor. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 3 through 7. (Councilman Samuel arrived during Mrs. Spivey's comments. ) Mrs. Brenda Spivey, 6010 Chandler; Mr. Damon Keelan, 950 Sherman; Mr. Raymond Chaison, 1130 Lamar (CDAC member) ; Mr. Louis Vaughn, 2475 Ranier; Mr. Herman Rogers, 3006 Bolivar (CDAC Chairman) ; Mr. Cleveland Nisby, 4520 Corley (CDAC member) ; Mr. Roger McCabe, 835 Belvedere (CDAC -158- July 28, 1992 member) ; and Mrs. Marie Hubbard (CDAC member) spoke in opposition to Agenda Item No. 3 relating to amending the size, duties and responsibilities of the Community Development Advisory Committee, and some requested the item be deferred and a meeting with Council, City Staff, and CDAC members be held to discuss any proposed changes. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held July 14, 1992 ; Resolution No. 92-187 appointing Rodney D. Senigaur to the Mayor' s Committee for Employment of Disabled Persons; and Resolution No. 92-188 authorizing purchase of a Case Model 580 Super K tractor backhoe from Equipment Headquarters in the amount of $35,950. 00 for use by the Water Distribution Division of the Water Utilities Department. The Consent Agenda was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- PUBLIC HEARING GRANT APPLICATION FOR BEAUMONT MUNICIPAL TRANSIT SYSTEM FOR FISCAL YEAR 1993 UNDER SECTION 9 OF THE U. M. T. A. OF 1964 AS AMENDED HELD JULY 28, 1992 EXCERPT MAYOR LORD: At this time, I will open a public hearing on the grant application for the Beaumont Municipal Transit System. Mr. Manager. MR._ RAY A. RILEY, CITY MANAGER Mayor and Council, we'd explain that the public hearing is required as part of the submission of the grant application to the Federal Government through the Federal Transportation Administration for the operating funds and capital improvements for the Beaumont Municipal Transit System for the coming year. Included in the application, a total agreement would be in the amount of $1,516,431. 00. Of the application, the primary part is for that of operations. We are asking for a reimbursement for an estimated cost of $825, 000, which is -159- July 28, 1992 considered to be 50% of the deficit of the operating cost for the Beaumont system, which is estimated to be a $1, 650, 000 the following year. In addition to that, which is somewhat different from previous years, is we're asking for addition funds that will be used for capital improvements during FY93 . We're asking for the acquisition of three (3) lift equip--paratransit vans, estimated cost of $200, 000. The share for the City's, if Federal funds are received, would be 10%, or $20, 000. In addition to that, it's time for the replacement of the parking lot and reroofing of the facilities of the Beaumont Transit System, and the cost there would $350, 000 and $75, 000 for the two projects. It would require the City to participate at about 20% or $85, 000 for the combination. We would be asking for $280, 000 plus $60, 000 or a total of $340, 000 of Federal funds for the improvement of the lot and reroofing of the building, and in addition to that, we're asking to replace the automatic bus washer, which is an estimated cost of $200, 000. We're asking for 20, or 80%, or $160, 000. Twenty percent would be the City's match of $40, 000. Our portion would be included in the budget which would be for consideration in the coming weeks, but we would ask for the authority, what is subject to this public hearing would be to make application to the Federal Transit Administration for those amounts of monies. MAYOR LORD: Does Council have any questions about this item? Let me ask if there's anyone in the public that wishes to ask a question or make a statement during this public hearing? I 'll ask again, is there anyone who wishes to make a statement during this public hearing on the Transit grant? If not, I will close the public hearing. END OF EXCERPT Resolution No. 92-189 authorizing submission of a grant application and execution of a grant agreement in the amount of $1, 516,431. 00 with the Federal Transportation Administration under Section 9 of the Urban Mass Transportation Act of 1964 to partially fund the operation of the Beaumont Municipal Transit (BMT) System for the fiscal period October 1, 1992 through September 30, 1993 period ($825, 000) , for capital projects which include purchasing three paratransit vans, replacing a bus washer, repaving the bus parking lot and reroofing the Beaumont Municipal Transit's Administrative and Maintenance facility ($680, 000) and reimbursement of the FTA share of net operating costs incurred in FY 1991 over the total amount applied for and approved ($11,431) was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- -160- July 28, 1992 i A Public Hearing was called for consideration of two grant applications with the Texas Parks and Wildlife Department for development of Phase I of Collier's Ferry Park. Mr. Raymond Chaison, 1130 Lamar, expressed appreciation for development of this area. There being no one else to address the subject, the Public Hearing was closed. Resolution No. 92-190 authorizing submission of a Land and Water Conservation grant application in the amount of $500, 000. 00 (50/50 match--City's share in form of 1,231-acre land donation valued at $440, 00 with an additional $60, 000 in cash to be provided) to the Texas Parks and Wildlife Department for development of the site to be known as $'Collier's Ferry Wetland Recreational Area and Nature Preserve" was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None Resolution No. 92-191 authorizing submission of a Texas Boat Ramp grant application in the amount of $200,000.00 (75/25 match--City funds of $66, 667.00) and authorizing the City Manager to enter into a Construction Agreement with the Texas Parks and Wildlife Department, under the authority of Chapter 11. 033 Parks and Wildlife Code, for construction of a new boat ramp facility on the Neches River near the current Pine Street boat ramp and the renovation of the existing boat ramps at that location ("Collier's Ferry Wetland Recreational Area and Nature Preserve$') was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- An Ordinance amending Chapter 2, Sections 2-34 through 2-36 of the Code of Ordinances relating to size, duties and responsibilities of the Community Development Advisory Committee was considered: ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE NUMBERING OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT AND AMENDING THE SIZE, DUTIES AND RESPONSIBILITIES OF THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. After a brief discussion, a consensus of Council was to defer this item for full Council consideration at a future date. -161- July 28, 1992 Ordinance No. 92-54 amending Chapter 14, Article V of the Code of Ordinances to be retitled "Rehabilitation Agency" instead of "Rehabilitation Loan Agency" and repealing Sections 14-75 and 14-76 was considered: ORDINANCE NO. 92-54 ENTITLED AN ORDINANCE AMENDING CHAPTER 14, ARTICLE V OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO REPEAL SECTIONS ESTABLISHING THE LOAN ADVISORY BOARD AND PROHIBITING THE LOCATION OF REHABILITATION LOANS; AMENDING THE TITLE OF ARTICLE V; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Ordinance No. 92-54 was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 92-192 authorizing execution of a Minute Order with the Texas Department of Transportation for widening FM 364 (Major Drive) from two to four lanes between State Highway 105 and State Highway 124 was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Resolution No. 92-193 authorizing purchase of one (1) 8-cubic yard dump truck from Atterbery Trucks of Beaumont in the amount of $35, 474 . 29 and one (1) 14-cubic yard dump truck from Barrett-White GMC of Tyler, Texas in the amount of $58,990. 00 for use by the Water Utilities Department- Reclamation Division was approved on a motion made by Councilman Smith and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 92-194 accepting the work performed by John Bankston Construction and Equipment Rental, Inc. for construction of Water and Sewer Improvements, Contract II, (water and sewer service to the proposed state prison site) , authorizing Change Order No. 1 (increasing the contract amount by $48,785. 04 to reflect actual quantities used and extra work required to complete the project and adjust the construction period to include approved contract time extensions) and authorizing final payment in the amount of $51, 122 .40 was approved on a -162- July 28, 1992 H motion made by Councilman Smith and seconded by Mayor Pro Tem Alter Question: Ayes: All Nayes: None -000- Ordinance No. 92-55 amending Chapter 24, Article II, Section 24-9 of the Code of Ordinances relating to final plats by adding Subsection (d) was considered: ORDINANCE NO. 92-55 ENTITLED AN ORDINANCE AMENDING CHAPTER 24, SECTION 24-9 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADD A NEW SECTION 24-9 (d) ; PROVIDING FOR AUTOMATIC APPROVAL OF A FINAL PLAT NOT ACTED ON BY THE PLANNING COMMISSION WITHIN THIRTY (30) DAYS FROM THE FILING DAYS OF THE PLAT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Ordinance No. 92-55 was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 92-56 amending Chapter 24, Article IV, Section 24-26 of the Code of Ordinances by repealing Subsection (c) (waiving use of guarantee on initial section of subdivision to be developed in several segments) relating to "Alternatives to Completion of Subdivision Improvements" was considered: ORDINANCE NO. 92-56 ENTITLED AN ORDINANCE AMENDING CHAPTER 24, SECTION 24-6 TO DELETE SUBSECTION 24-26 (c) DEALING WITH AN ALTERNATIVE TO THE COMPLETION OF IMPROVEMENTS WITHIN A SUBDIVISION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Ordinance No. 92-56 was approved on a motion made by Councilman Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- Ordinance No. 92-57 abandoning the east three (3) feet of a fifteen- foot-wide general utility and drainage easement along the rear of Lots -163- July 28, 1992 1 through 4, Sheridan Park Addition, extending a length of 384. 39 feet (to allow new owners at 1445 Sheridan Place to encroach three (3) feet onto the easement for installation of a swimming pool) was considered: ORDINANCE NO. 92-57 ENTITLED AN ORDINANCE ABANDONING THE EAST 3 FEET OF A 15 FOOT WIDE DEDICATED UTILITY AND DRAINAGE EASEMENT LOCATED ALONG THE REAR OF LOT 1-4, SHERIDAN PARK SUBDIVISION, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 92-57 was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Alter. Question: Ayes: All Nayes: None -000- Ordinance No. 92-58 abandoning an unused ten-foot-wide sanitary sewer easement across the back of Lots 16 and 17, Block 2, Goodhue Estate Addition, for a total length of 245. 35 feet was considered: ORDINANCE NO. 92-58 ENTITLED AN ORDINANCE ABANDONING A 10 FOOT WIDE DEDICATED SANITARY SEWER EASEMENT (UNUSED) LOCATED IN THE REAR YARDS OF LOTS 16 AND 17, BLOCK 2, GOODHUE ESTATES SUBDIVISION BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 92-58 was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- (Councilman Cokinos left the Council Chambers. ) Mayor Lord announced that an Executive Session will be held following the Workshop Session in accordance with Section 2 (e) of the Texas Open Meetings Act to discuss contemplated or pending litigation: Mildred E. Jones v. the City of Beaumont. -000- Mayor Lord extended best wishes to Councilman Samuel in taking the Bar Exam tomorrow. -164 July 28, 1992 Y Mr. Henry Dannenbaum, 1567 Wall Street, addressed various subjects of interest to him. (Councilman Cokinos returned to the Council Chambers. ) Mr. Earnest Charles, 3162 Terrell, addressed Council to complain that as a local minority business owner his business is not given consideration for hauling in conjunction with various construction projects. Councilman Samuel said there is a concern that prime contractors are giving selective consideration to subcontractors and only using minority contractors for the undesirable jobs. The City Attorney explained that it is unlawful to have a local preference ordinance, and Mayor Lord asked that an attempt be made to encourage using local minority subcontractors. Mr. C. L. Sherman, Jr. , 585 Belvedere Drive, addressed Council to compliment Council for maintaining the tax rate, discussed various aspects of taxing related to business and economic development, and asked Council to keep the tax rate as low as possible. (Councilman Samuel left the Council Chambers. ) Mr. Louis Vaughn, 2475 Ranier, and Mrs. Isadore Hunt, Sr. , 3523 Westmoreland, addressed Council regarding potholes and the deterioration of Eleventh Street between Washington Boulevard and Fannett Road. Mrs. Hunt also expressed concern about the safety of the six-block area because of the change of number of lanes from four to two. Mrs. Marie Hubbard, 1990 Nora, thanked Council for deferring action on Agenda Item No. 3. -000- There being no further business, the Regular Session of City Council was recessed to reconvene in Workshop 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 July 28, 1992 . Rosemarie Chiappetta City Clerk -165- July 28, 1992 B EXCERPT PUBLIC HEARING GRANT APPLICATION FOR BEAUMONT MUNICIPAL TRANSIT SYSTEM FOR FISCAL YEAR 1993 UNDER SECTION 9 OF THE U. M. T. A. OF 1964 AS AMENDED HELD JULY 28, 1992 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in a Public hearing this the 28th day of July, 1992, with the following present: HONORABLE: Evelyn M. Lord Mayor Brian R. Alter Mayor Pro Tem Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I Audwin Samuel Councilman, Ward III Absent: Guy N. Goodson Councilman, Ward II David W. Moore Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie chiappetta City Clerk MAYOR LORD: At this time, I will open a public hearing on the grant application for the Beaumont Municipal Transit System. Mr. Manager. MR. RAY A. RILEY CITY MANAGER Mayor and Council, we'd explain that the public hearing is required as part of the submission of the grant application to the Federal Government through the Federal Transportation Administration for the operating funds and capital improvements for the Beaumont Municipal Transit System for the coming year. Included in the application, a total agreement would be in the amount of $1,516,431. 00. Of the application, the primary part is for that of operations. We are asking for a reimbursement for an estimated cost of $825, 000, which is considered to be 50% of the deficit of the operating cost for the Beaumont system, which is estimated to be a $1,650, 000 the following year. In addition to that, which is somewhat different from previous years, is we're asking for addition funds that will be used for capital improvements during FY93. We're asking for the acquisition of three (3) lift equip--paratransit vans, estimated cost of $200,000. The share for the City's, if Federal funds are received, would be 10%, or $20,000. In addition to that, it's time for the replacement of the parking lot and reroofing of the facilities of the Beaumont Transit System, and the cost there would $350, 000 and $75, 000 for the two projects. It would require the City to participate at about 20% or $85, 000 for the combination. We would be asking for $280, 000 plus $60, 000 or a total of $340, 000 of Federal funds for the improvement of the lot and reroofing of the building, and in addition to that, we're asking to replace the automatic bus washer, which is an estimated cost of $200,000. We're asking for 20, or 800, or $160, 000. Twenty percent would be the City's match of $40, 000. Our portion would be included in the budget which would be for consideration in the coming weeks, but we would ask for the authority, what is subject to this public hearing would be to make application to the Federal Transit Administration for those amounts of monies. MAYOR LORD: Does Council have any questions about this item? Let me ask if there's anyone in the public that wishes to ask a question or make a statement during this public hearing? I 'll ask again, is there anyone who wishes to make a statement during this public hearing on the Transit grant? If not, I will close the public hearing. END OF EXCERPT Resolution No. 92-189 authorizing submission of a grant application and execution of a grant agreement in the amount of $1,516,431.00 with the Federal Transportation Administration under Section 9 of the Urban Mass Transportation Act of 1964 to partially fund the operation of the Beaumont Municipal Transit (BMT) System for the fiscal period October 1, 1992 through September 30, 1993 period ($825, 000) , for capital projects which include purchasing three paratransit vans, replacing a bus washer, repaving the bus parking lot and reroofing the Beaumont Municipal Transit's Administrative and Maintenance facility ($680, 000) and reimbursement of the FTA share of net operating costs incurred in FY 1991 over the total amount applied for and approved ($11,431) was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- I, Rosemarie Chiappetta, City Clerk of the City of Beaumont, Texas, certify that the above is a true copy of the Public Hearing held regarding the grant application for the Beaumont Municipal Transit (BMT) System. Rosem rie Chiap e to City Clerk -2- July 28, 1992