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HomeMy WebLinkAboutMIN AUG 24 1993 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD AUGUST 24, 1993 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 24th day of August, 1993 , with the following present: HONORABLE: Evelyn M. Lord Mayor Guy N. Goodson* Mayor Pro Tem. Councilman, Ward II Andrew P. Cokinos Councilman At Large Brian R. Alter Councilman At Large John K. Davis Councilman, Ward III David W. Moore Councilman, Ward IV Absent: Lulu L. Smith Councilman, Ward I Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk * (Mayor Pro Tem Goodson arrived at 1:55 p.m. at the end of consideration for Agenda Item No. 8 establishing Landfill rates. ) -000- The Invocation was given by the Reverend Ralph Martin of Woodland Baptist Church. The Pledge of Allegiance was led by Councilman Davis. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 8, 9 and 11 through 14. No one wished to address these subjects. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held August 17, 1993 ; Resolution No. 93-202 appointing Terry Holmes to the Airport Advisory Committee for a term expiring May 31, 1995; Stephen Mayfield to the Community Development Advisory Committee for a term expiring May 31, 1995; and Charlotte Viquet to the Transit Advisory Committee for a term expiring June 30, 1995; and reappointing Ken Bartos to the Parks and -192- August 24, 1993 Recreation Advisory Committee for a term expiring June 30, 1995 and Suzy Juncker to the Planning Commission for a term expiring July 31, 1995; Resolution No. 93-203 authorizing sale of a portable basketball floor purchased in 1978 for the Civic Center to Prince George's Equestrian Center, The Maryland-National Capital Park and Planning Commission in Upper Marlboro, Maryland in the amount of $25, 000. 00; Resolution No. 93-204 authorizing purchase of a 1994 Chevrolet one-ton four-wheel drive truck equipped with a two-cubic-yard dump body in the amount of $24,200. 00 .from. Knapp Chevrolet, Inc. ; Resolution No. 93-205 accepting a bid in the amount of $20,720. 00 ($280 per acre) from John Bankston Construction and Equipment Rental, Inc. for furnishing labor and equipment necessary to clear 74 acres to provide acreage for cell excavation at the City Landfill; Resolution No. 93-206 authorizing acquisition of Parcel No. 10 : Lot 14 and the south twenty-five feet (251 ) of Lot 15, Block 1, Calder Highlands Addition, from Orene A. Watkins, individually, and as independent Executrix of the Estate of Philip Wayne Watkins, Deceased, in the amount of $51, 500. 00 for the West Lucas Drive project; and Resolution No. 93-207 accepting Street and Storm Sewer Improvements: Wildflower Drive from the existing pavement on Bluebonnet Street approximately 472 feet south to and including the temporary cul-de-sac; Buttercup Drive from the pavement on Wildflower Drive approximately 630 feet west to and including the temporary cul-de-sac; and Water and Sanitary Sewer Improvements: Lots 3 through 7, Block 3 ; Lots 17 through 26, Block 4 ; and Lots 1 through 9, Block 6; in Gladys West, Section II, contingent upon filing of the final plat, complete with proper filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of streetlights. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- Ordinance No. 93-45 rezoning 2,993.53 acres of land bound by Pine Island Bayou and the Neches River from RS (Residential Single Family Dwelling District) , GC-MD (General Commercial Multiple-Family Dwelling District) , and HI (Heavy Industrial District) to AR (Agricultural-Residential) was considered: -193- August 24, 1993 ORDINANCE NO. 93-45 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 ESTABLISHING AN AR (AGRICULTURAL - RESIDENTIAL DISTRICT) FOR 2,993 .53 ACRES IN THE H. R. WILLIAMS SURVEY, H. P. SAVERY SURVEY, THOS. SPEAR SURVEY, THE BEAUMONT IMPROVEMENT COMPANY SUBDIVISION AND THE MEENTZEN BROTHERS SUBDIVISION, . SAID ACREAGE BOUNDED ON THE NORTH BY THE PINE ISLAND BAYOU AND THE NECHES RIVER, ON THE EAST BY THE NECHES RIVER AND ON THE SOUTH BY THE SOUTH LINE OF THE H. R. WILLIAMS SURVEY, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 93-45 was approved on a motion made by Councilman Davis and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- An ordinance authorizing a specific Use Permit to allow a residential structure to be renovated into a church facility at 1640 Pope Street with recommendation by the Planning for denial was considered: ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A CHURCH ON .242 ACRES, MORE OR LESS, BEING LOT 17, BLOCK 10, FORREST ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. The City Manager explained that the Planning Commission voted 6-1 at the Public Hearing on August 16, 1993, to deny the Specific Use Permit. Of the twenty-four (24) notices mailed to property owners within 200 feet, six responses in opposition have been received, representing more than 20%, thereby requiring 75% or six (6) positive votes from Council for passage. The City Attorney clarified the requirement for passage is 75% or six (6) affirmative votes from the complete Council, not 75% of Councilmembers present, denial requires only a simple majority vote of Council present, and automatic passage of the Specific Use Permit will occur, if no action is taken within sixty (60) days of the Public -194- August 24, 1993 Hearing held August 16th. A motion for denial of the Ordinance was made by Councilman Alter. Councilman Davis said he visited 1640 Pope Street and found the structure to be in a dilapidated state, but said "there can be some redeeming value in the structure, if it becomes a church. " He said the Reverend Reed is aware of the cost involved in rehabilitation of the structure and the opposition he heard from those in the neighborhood was not valid enough for him to support denial. In answer to those in opposition at the Public Hearing, he said that if the garage is torn down as planned, there will be ample space for parking, and some of the objections will disappear. The motion for denial of the Ordinance died for lack of a second. Mayor Lord confirmed with the City Attorney that this item may be brought back to a full Council for consideration or automatic approval will occur after sixty (60) days from the August 16th Public Hearing, if no other action is taken. -000- Ordinance No. 93-46 authorizing issuance of a Specific Use Permit for construction of a student religious center on approximately .75 acres of land in an area zoned RS (Residential Single Family Dwelling District) near Lamar University described as Lots 16-19 and the east half of Lot 20, Block 2 , LaSalle Addition, at the request of Bruce W. Baxter for the Church of Jesus Christ of Latter Day Saints, with a recommendation for approval by the Planning Commission with a modification of the landscaping requirement along 80 ' of the northwest property line to provide a 6 ' landscaped buffer due to constraints encountered while situating the parking lot on the unusually shallow property, was considered: ORDINANCE NO. 93-46 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A RELIGIOUS CENTER ON .75 ACRES DESCRIBED AS LOTS 16 THROUGH 19 AND THE EAST HALF OF LOT 20, BLOCK 2, LASALLE ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 93-46 was approved on a motion made by Councilman Moore and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Ordinance No. 93-47 authorizing issuance of a Specific use Permit for -195- August 24, 1993 construction of an accessory structure (guest house) on property zoned RS (Residential Single Family Dwelling District) and encompassing approximately 7 .993 acres of land located on Prutzman near Shakespeare Drive, described as Tract A-56, H. Williams, Survey, at the request of Mark Whitely & Associates for Vick Nelson, with a recommendation for approval from the Planning Commission with the condition that the accessory structure will not be for rent or lease, was considered: ORDINANCE NO. 93-47 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR A DETACHED ACCESSORY BUILDING ON 7.993 ACRES, MORE OR LESS, BEING TRACT A-56, H. WILLIAMS SURVEY, IN BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 93-47 was approved on a motion made by Councilman Alter and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Ordinance No. 93-48 amending the Beaumont Oaks Historic-Cultural Landmark Preservation District Overlay (HC-D1) to include Beech Avenue properties located between Eighth and Tenth Streets, within the Emma Reed Addition and encompassing approximately 4 .82 acres, was considered: ORDINANCE NO. 93-48 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 ADDING LOTS 1-13 OF BLOCK 6, LOTS 3-13 OF BLOCK 10, EMMA REED ADDITION TO THE CITY OF BEAUMONT, ALONG BEACH AVENUE, BETWEEN EIGHTH AND TENTH STREETS TO THE OAKS HISTORIC DISTRICT (HC-D1) ; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 93-48 was approved on a motion made by Councilman Cokinos and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Ordinance No. 93-49 amending Chapter 30, Section 30-30 (b) 2 of the Code of Ordinances regarding the definition of a non-conforming use to include "For the purposes of this paragraph, "vacant" or "unused" shall -196- August 24, 1993 mean the nonconforming use has been intentionally abandoned. The temporary suspension of a use shall not constitute abandonment, provided the property is not used during the period of suspension for any other purposes. " was considered: ORDINANCE NO. 93-49 ENTITLED AN ORDINANCE AMENDING CHAPTER 30, SECTION 30-30 (b) (W) TO AMEND THE DEFINITION OF A NON- CONFORMING USE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING FOR A PENALTY. Ordinance No. 93-49 was approved on a motion made by Councilman Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- Ordinance No. 93-50 amending Chapter 30, Section 30-21.2 (e) (10) and (11) of the Code of Ordinances prohibiting furniture not designed for outside use being placed at a location which is not an enclosed porch or is otherwise exposed to the elements, to correct certain enforcement problems concerning the Oaks Historic District and to eliminate any conflict between the zoning and litter ordinances, was considered: ORDINANCE NO. 93-50 ENTITLED AN ORDINANCE AMENDING CHAPTER 30, SECTION 30-21. 2 (E) (10) AND (11) TO RENUMBER SUBSECTIONS 10 AND 11 AND AMEND THE REGULATIONS PROHIBITING CERTAIN FURNITURE FROM BEING PLACED AT A LOCATION WHICH IS NOT AN ENCLOSED PORCH OR IS OTHERWISE EXPOSED TO THE ELEMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING FOR A PENALTY. Ordinance No. 93-50 was approved on a motion made by Councilman Alter and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Ordinance No. 93-51 amending Chapter 28, Section 28-24.4 (b) of the Code of Ordinances increasing Landfill rates to $5. 25/cyd inside the City and $5.75/cyd outside the City for compacted refuse; $4 .75/cyd inside the city and $5.25/cyd outside the City for non-compacted refuse; and -197- August 24, 1993 $8. 00/cyd inside the City and $11. 00/cyd outside the City for hard-to- handle refuse, in direct relationship to operating expenses due to SubTitle D regulations, was considered: ORDINANCE NO. 93-51 ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SECTION 28-24.4 (b) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, ESTABLISHING LANDFILL RATES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Ordinance No. 93-51 was approved on a motion made by Councilman Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None In response to the Mayor's request for explanation of the effects of SubTitle D regulations on rates, the City Manager said, "In the information that was presented last week at the Workshop, we showed how . . .the additional cost has risen. From about two years ago, our costs were less than $10, 000 per cell or per acre for the requirements to make . . .the acreage ready to receive the material that needed to be landfilled. Our requirements now require us. . .to excavate some four feet and recompact that to specifications of all of the clay that is. . .at the Landfill, four feet excavation and recompaction. And, in addition to that, we will have to install a plastic liner that will completely make that entire basin completely impervious to water. Our costs will have risen from about $10, 000 an acre to about $60,000 currently for preparation landfill, and by the time we add the plastic liner and prepare it for leachate collection and possible treatment, could be in excess of $125, 000 per month expense in just operating the Landfill. In our budget for Capital Improvements, or for the construction of the Landfill for the cells for this coming year, we have an allocation of $1.5 million, which would be required for the preparation of the Landfill just, before covering, but just to take care of the cells to make them comply with EPA regulations. " Mayor Lord said she thought this was a good opportunity to explain the reason for a rate increase and said "Many times people don't understand what's happening in the expenses of running the cities, and not that we have any objection to clean air and clean water or anything, but this is not based necessarily on performance, whether these things coming out were damaging anybody. It's something that has to be done clear across the Country, with no regard at all as to the composition of the soil, or whatever, because of the Federal Mandates, and it' s something that we wrestle with constantly. " (Mayor Pro Tem Goodson arrived at 1:55 p.m. during the explanation by the City Manager. ) -198- August 24, 1993 Ordinance No. 93-52 amending Chapter 18 of the Code of Ordinances regarding graffiti, declaring it unlawful on publicly or privately-owned property for the purpose of providing its removal, was considered: ORDINANCE NO. 93-52 ENTITLED AN ORDINANCE TO AMEND CHAPTER 18 TO DEFINE "GRAFFITI, " DECLARE THE PLACING OF GRAFFITI ON PUBLICLY OR PRIVATELY OWNED PROPERTY TO BE A CRIME; AND REGULATING ITS REMOVAL; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. After questions regarding personnel to be used for removal of graffiti, paint selection, possibility of liens, and enforcement, Ordinance No. 93- 52 was approved on a motion made by Councilman Alter and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- PUBLIC HEARING AUGUST 24, 1993 GRANT APPLICATION AND AGREEMENT WITH THE FEDERAL TRANSPORTATION ADMINISTRATION UNDER SECTION 9 OF THE URBAN MASS TRANSPORTATION ACT OF 1964 FOR PARTIAL FUNDING OF THE BEAUMONT MUNICIPAL TRANSIT SYSTEM OCTOBER 11 1993 THROUGH SEPTEMBER 30, 1994 AND FOR CAPITAL PROJECTS EXCERPT Mayor Lord: Item Number, now, this is our Public Hearing. City Manager: I can explain to the Council what the, this item will, what the Public Hearing is required for. Annually, we make a request to the Federal Transportation Administration for a grant that will assist us in the operation of a Municipal Transit System. Section 9 of the Urban Mass Transportation Act provides for the funds to partially offset the cost of the operation. We're making two parts to the grant this year for a total amount operating, or total budget of $2 . , $2, 529, 000. Of that, we're asking for the operating share, which is some $1,704, 000. The deficit that Federal Government, or the FTA, will contribute $852, 000 for the operation of the system. In addition to that, we have $825, 000 in capital expenditures that they may participate at a 80/20 split. Now, the operating is 50/50. The capital is 80/20, so the total contribution made by FTA would be $1, 512 , 000. Our local share for this -199- August 24, 1993 would be $1,017, 000. And subsequent Item No. 11, you' ll see that we also have some additional funds that may be available by the State, but the purpose of this is to make, to hear our, the application which we'll be making to the FTA for the next annual operation of the Beaumont Transit Authority within the city, and we're asking for $1,512, 000 from the FTA to help support this operation, and it does require, part of the statute does require a Public Hearing to where interested parties may offer comment for the Council 's consideration before the adoption or approval of this application. Mayor Lord: Thank you. At this time, I will open the Public Hearing and ask if anyone in the audience would like to speak to us on this matter before we pass a resolution authorizing the City Manager to file that grant application that he spoke about in agreement with the Federal Transportation Administration. Is there anyone who would wish to speak to us at the Public Hearing? I 'll ask again if there's anyone who would wish to speak? If not, I will close the Public Hearing. Mr. Manager. END OF EXCERPT Resolution No. 93-208 authorizing submission of a grant application in the amount of $1,512,150.00 and execution of grant agreement 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 System, October 1, 1993, through September 30, 1994, and for capital projects which include purchasing three (3) paratransit vans, replacing a bus washer, repaving bus parking of and reroofing the Beaumont Municipal Transit's Administrative and Maintenance facility was approved on a motion made by Councilman Cokinos and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 93-209 authorizing execution of a contract with the Texas Department of Transportation for $149, 688 . 00 in grant assistance from the State Public Transportation Fund to subsidize the City's share for Fiscal 1994 operating expenses for the Beaumont Municipal Transit System was approved on a motion made by Councilman Alter and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 93-210 authorizing a contract with Jleeco Builders for development of Lefler Park for an estimated total contract amount of $247,800.00 (base bid of $245, 600. 00, plus Alternate No. 1 for eighteen (18) exercise stations in the amount of $10, 600. 00, minus Alternate No. -200- August 24 , 1993 i 3 for removal of approximately 2 , 400 lineal feet of foot trails in the amount of $8,400. 00) was approved on a motion made by Councilman Alter and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 93-211 authorizing purchase of a portable rotary trommel screening plant for the Landfill Composting Division (designed to produce eighty (80) cubic yards an hour of high quality finished compost from mixed sizes of shredded wood, yard waste and other composed materials) from Conley Lott Nichols Machinery Company for a Fuel Harvester Earth Saver Model 622ABH Trommel Screen in the amount of $139,967. 00 was approved on a motion made by Councilman Moore and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 93-212 authorizing a contract for a primary book vendor for the Beaumont Public Library with Brodart Co. of Williamsport, Pennsylvania with discounts for Trade Books at 45. 1%, Publisher's Library at 22%, University Presses up to 45. 1%, Encyclopedias up to 45. 1%, Juveniles Titles at 22%, Paperbacks at 40%, and Popular Reprints up to 45. 1%, and processing with Plastic Jacket at $0.62 and providing Rigid Plastic Covers at $1. 55, an estimated annual expenditure of $100, 000. 00, was approved on a motion made by Councilman Davis and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- Mayor Lord announced that at the close of the City Council meeting, an Executive Session will be held in accordance with Section 2 (e) of the Texas Open Meetings Act to discuss contemplated and pending litigation: Billy Ray Jennings v. Roger Trahan and the City of Beaumont and a claim against The Hartford involving the Texas Municipal League. -000- Councilman Moore announced that at 7: 00 p.m. this evening, the Pear Orchard Neighborhood Association will hold a meeting at Our Mother of Mercy Catholic Church, and on Thursday, the South Park Neighborhood Association will meet at 6: 30 p.m. at the South Park Baptist Church Councilman Davis added that the Northend Neighborhood Association will meet at 7: 15 p.m. on Wednesday, August 25, at St. Pius Catholic Church. Also, Councilman said, "I would like to commend the City Manager and Council for their selection of Chief Scofield as our Police Chief. In my attempt to make sure that I understand what the citizens of Ward III -201- August 24, 1993 need, I 've been out there walking around and asking citizens, "What do you think about Community Oriented Policing?" Well, we're getting a passing grade! And, I think that when you're doing some positive good, you need to be commended. " Councilman Davis told the City Manager that he still has tremendous concern about the three-prong system at the Police Department, said it is extremely important to have a program in place that guarantees equal numbers of people being hired in a fair and just manner and requested a meeting soon. Councilman Alter welcomed attendance at a meeting of the Keep Beaumont Beautiful Commission next Thursday at Noon in the Second Floor Conference Room at City Hall and said the five members of Council who attended the fund-raiser seeking memberships for the Art Museum of Southeast Texas had a lot of fun and that Beaumont won the contest with Orange and Port Arthur, who will now issue Proclamations to Beaumont as the declared champion. Mayor Pro Tem Goodson told Mayor Lord he's glad she is back in town. Mayor Lord thanked Mayor Pro Tem Goodson for so ably serving in her capacity while she attended an Executive Session of the U. S. Conference of Mayors last week in Louisville, Kentucky. . She said discussion there was largely devoted to funding problems created by federal mandates and said a nation-wide survey will be mounted soon regarding these costs to cities. She said Beaumont is already faced with up to $2 million dollars in expenditures because of the mandates, and that the Wetlands Project will be submitted as an example to the U. S. Conference as a recent mandate that will cost Beaumont $17, 000, 000, without measurable improvement to our community. Councilman Alter added that while Senator Hutchison was in town last week as a guest of the Chamber of Commerce, Port Arthur Mayor Mary Ellen Summerlin did yoeman's effort in explaining to the Senator the costs that Port Arthur is dealing with at their Landfill because of federal mandates and how ridiculous it seems, considering the type of soil we have in Southeast Texas, and in explaining that taxpayers will ultimately bear the burden of these costs. He said Mayor Summerlin well represented many others at the meeting desiring to address the impact of the mandates. Councilman Cokinos commented that federal mandates are handed down without funding assistance for costly regulation adherence. Mayor Lord said that Port Arthur is suffering to the point of having to lay off City employees, as well as raise taxes. -000- Mr. Tobe Duhon, 2545 Amarillo Street, addressed Council regarding a problem with raw sewage created by pressure build-up that he said blows -202- August 24, 1993 out a cleanout plug in his back yard whenever there is rain; asked that Council consider granting a $5, 000 Homestead Exemption to citizens of Beaumont before he circulates a petition asking for the exemption; and said he has repeatedly complained about crime and drug problems in his neighborhood in the areas between Fourth Street and College, between the railroad track and Fourth Street, Washington Boulevard and College Street and asked for Council and public assistance before he calls some national network to do a story on his neighborhood. Mr. C. L. Sherman, 585 Belvedere Drive, addressed Councilman to request that at the Public Hearing scheduled August 31st to discuss the budget and tax rate, Council recess the Hearing and reconvene at 6: 00 p.m. to allow added comments from citizens not able to attend during the day and in response to Councilman Alter's request for specific recommendation to cut the City Budget, Mr. Sherman suggested reducing City of Beaumont staff by transferring ten (10) employees to the Police Department instead of hiring additional dispatchers and cut ten positions by attrition. He said that would fund $700, 000. 00 necessary to achieve the $0. 596 tax rate the Tax Reduction Committee has requested. Councilman Alter clarified that employment of ten (10) new dispatchers at the Police Department would not cost $700, 000. 00; that figure relates to funding an additional street project. Mr. Raymond Chaisson, 1130 Lamar Street, addressed Council to ask that they look at and reject the increased appraisals by the Appraisal District, reduce appraisals to the previous figures and tax at that rate. -000- There being no further business, the Regular Session of City Council was recessed to conduct an Executive Session in the Council Chambers before reconvening in Work Shop Session in the Executive Conference Room on the third floor. -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 August 24, 1993 . Rosemarie Chiappetta City Clerk -203- August 24, 1993 PUBLIC HEARING AUGUST 24, 1993 GRANT APPLICATION AND AGREEMENT WITH THE FEDERAL TRANSPORTATION ADMINISTRATION UNDER SECTION 9 OF THE URBAN MASS TRANSPORTATION ACT OF 1964 FOR PARTIAL FUNDING OF THE BEAUMONT MUNICIPAL TRANSIT SYSTEM OCTOBER 1, 1993 THROUGH SEPTEMBER 30, 1994 AND FOR CAPITAL PROJECTS THOSE PRESENT: Evelyn M. Lord Mayor Guy N. Goodson Mayor Pro Tem Councilman, Ward II Andrew P. Cokinos Councilman At Large Brian R. Alter Councilman At Large John R. Davis Councilman, Ward III David W. Moore Councilman, Ward IV Absent: Lulu L. Smith Councilman, Ward I Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- EXCERPT Mayor Lord: Item Number, now, this is our Public Hearing. City Manager: I can explain to the Council what the, this item will, what the Public Hearing is required for. Annually, we make a request to the Federal Transportation Administration for a grant that will assist us in the operation of a Municipal Transit System. Section 9 of the Urban Mass Transportation Act provides for the funds to partially offset the cost of the operation. We're making two parts to the grant this year for a total amount operating, or total budget of $2 . , $2 ,529, 000. Of that, we're asking for the operating share, which is some $1,704, 000. The deficit that Federal Government, or the FTA, will contribute $852 , 000 for the operation of the system. In addition to that, we have $825, 000 in capital expenditures that they may participate at a 80/20 split. Now, the operating is 50/50. The capital is 80/20, so the total contribution made by FTA would be $1, 512 , 000. Our local share for this would be $1, 017, 000. And subsequent Item No. 11, you' ll see that we also have some additional funds that may be available by the State, but the purpose of this is to make, to hear our, the application which we' ll be making to the FTA for the next annual operation of the Beaumont Transit Authority within the city, and we're asking for $1,512 , 000 from the FTA to help support this operation, and it does require, part of the PAGE 2, GRANT APPLICATION PUBLIC HEARING statute does require a Public Hearing to where interested parties may offer comment for the Council 's consideration before the adoption or approval of this application. Mayor Lord: Thank you. At this time, I will open the Public Hearing and ask if anyone in the audience would like to speak to us on this matter before we pass a resolution authorizing the City Manager to file that grant application that he spoke about in agreement with the Federal Transportation Administration. Is there anyone who would wish to speak to us at the Public Hearing? I ' ll ask again if there's anyone who would wish to speak? If not, I will close the Public Hearing. Mr. Manager. END OF EXCERPT