Loading...
HomeMy WebLinkAboutMIN JUL 15 1980 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JULY 15, 1980 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas, met in regular session this the 15th day of July, 1980, with the follow- ing present : HONORABLE: Maurice Heyers Mayor Tom Combs , Jr. Councilman, Ward I Evelyn M. Lord Councilman, Ward II *Calvin Williams Councilman, Ward III Wayne Turner Councilman, Ward IV Ray Riley City Manager Lane Nichols Assistant City Attorney Myrtle Corgey City Clerk (Arrived during discussion of Ordinance 80-66) -000- The Invocation was given by the Reverend J. R. Johnson, Northwood Christian Church. The Pledge of Allegiance was led by Andy Gartside, Scout from the Three Rivers Council , Troup Number 177, attending today 's meeting to aid in earning his Communications Merit Badge. -000- The following items were considered as part of the Consent Agenda : The Minutes of the regular City Council session held July 8 , 1980; Resolution 80-239 accepting the bid of Spindletop Electric Company for furnishing twelve ballasts for use by the Traffic and Transportation De- partment at a cost of $1 ,416. 30; Resolution 80-240 accepting the bid of Atlantic Envelope Company for fur- nishing 100, 000 window envelopes for the Tax Agency at a cost of $1 ,038. 00 and Resolution 80-241 accepting the bid of L. 0. Block Construction Company for furnishing pit sand at a cost of $1 . 14 per cubic yard. The Consent Agenda was approved on a motion made by Councilman Turner and seconded by Councilman Combs. Question: Ayes : All Nayes : None -000- Ordinance No. 80-64 declaring the improvements to be constructed in the Lucky Five Addition, Elinor Street from Eleventh Street to Iola Street , to be a public necessity; stating that the fifty percent pre- payment requirement has been met ; stating that a portion of the paving costs are to be assessed; establishing methods of paying assessments; and directing the City Clerk to file "Notice of Intent to Assess" with the County Clerk was considered : ORDINANCE NO. 80-64 ENTITLED AN ORDINANCE DETERMINING THE NECESSITY OF AND ORDERING THAT ELINOR STREET FROM ELEVENTH STREET TO IOLA STREET PUBLIC STREETS IN THE CITY OF BEAUMONT, TEXAS, SHALL BE IMPROVED; LISTING APPARENT PROPERTY OWNERS ABUTTING ON SAID PROPERTY -114- July 15, 1980 OF SAID STREETS ; PROVIDING THAT A PART OF THE COST SHALL BE PAID BY THE CITY AND A PART THEREOF SHALL BE PAID BY ASSESSMENTS AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF; FINDING AND DE- TERMINING THAT LOWER BIDS FOR SAID CONSTRUCTION WILL BE RECEIVED IF THE CONTRACT FOR THE WORK PROVIDES FOR THE PAYMENT IN CASH BY THE CITY RATHER THAN PAYMENT BY PAVING CERTIFICATES; PROVIDING FOR CITY FINANCING OF PAVING CERTIFICATES ISSUED ON SAID PROJECT; PROVIDING FOR LEVYING ASSESSMENTS AGAINST ABUTTING PROPERTY; PROVIDING THAT ALL AMOUNTS RECEIVED BY THE CITY UNDER THIS PROJECT SHALL BE PAID INTO THE FUND OR FUNDS FROM WHICH THE APPRO- PRIATION FOR THE CONSTRUCTION CONTRACT WAS MADE; PRO- VIDING THE TIME , TERMS AND CONDITIONS OF PAYMENT AND DEFAULTS OF SAID ASSESSMENTS'; DIRECTING THE CITY CLERK TO FILE "NOTICE OF INTENT TO ASSESS" WITH THE COUNTY CLERK INVOKING THE PROCEDURE OF ARTICLE 1105b OF THE REVISED CIVIL STATUTES OF THE STATE OF TEXAS ; AND PROVIDING FOR SEVERABILITY. The ordinance was approved on a motion made by Councilman Combs and se- conded by Councilman Lord. Question: Ayes : All Nayes : None -000- Ordinance No. 80-65 abandoning a portion of Hebert Street between Fannett Road and Dolores Street and retaining a 151 general utility easement was considered : ORDINANCE NO. 80-65 ENTITLED AN ORDINANCE VACATING AND ABANDONING A PORTION OF HEBERT STREET LOCATED IN BLOCK 29 OF THE WEST OAKLAND ADDITION TO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS , AS DESCRIBED HEREIN, PROVIDING THAT PART OF SUCH STREET BE RETAINED AS A GENERAL UTILITY EASEMENT. The ordinance was approved on a motion made by Councilman Lord and secon- ded by Councilman Combs. Question: Ayes: All Nayes : None -000-. (Councilman Williams arrived during the discussion of the following item: Ordinance No. 80-66 appropriating funds and authorizing the City Manager to execute a contract with Russ Miller Construction for the expansion of the aircraft parking apron at Municipal Airport (Texas Aeronautics grant $70, 000 -- construction contract - $107,967 . 60) was considered: ORDINANCE NO. 80-66 ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL PERIOD COMMENCING SEPTEMBER 30, 1979 AND ENDING OCTOBER 1 , 1980 BY ALLOCATING AND APPROPRIATING $50,000. 00 FROM THE AIRPORT CONSTRUCTION FUND TO THE AIRPORT EXPANSION PROJECT; AND AUTHORIZING A CONTRACT WITH RUSS MILLER CONSTRUCTION COMPANY FOR SAID PROJECT. The ordinance was approved on a motion made by Councilman Combs and secon- ded by Councilman Lord. Question Ayes: All Nayes : None -000- -115- July 15, 1980 Resolution 80-242 approving a change from the Texas Municipal League Joint Insurance Fund Plan to a cost-plus for handling workers ' compensation claims was approved on a motion made by Councilman Lord and seconded by Councilman Turner, Question : Ayes : All Nayes : None -000- Public Hearing - Environmental Impact of development of Riverfront Park in a floodplain. CITY MANAGER RILEY: The next item is a public hearing relative to the environmental impact re- lating to the Water Conservation Fund grant for Riverfront Park. This past year, the City made application to the Texas Parks and Wildlife Com- mission, excuse me, to the State for funding for a Land and Water Conser- vation Fund grant for the development of Riverfront Park. The Commission voted to recommend to the Federal Heritage Conservation and Recreation Service an application to be funded in the amount of $32 ,400.00 - that is a 50% matching fund. The money can be used for, in effect , development of the park related to providing equipment such as benches or picnic units and other types of things . In order for the application to proceed, we are required to have an environmental impact hearing. At this point , I would like to ask for our Planner, Norman Whitaker, to read the impact statement for which we will hear any comments by interested parties concerning the impact of the development of the park relating to the environment . NORMAN WHITAKER, PLANNER: This hearing is being held in accordance wtih Federal regulations requir- ing a public hearing for any project located in a floodplain for which Land and Water Conservation Fund grants have been requested. A portion of River- front Park will be in a floodplain, as defined by the Federal Insurance Administration, and the City has requested Land and Conservation Fund As- sistance. The purpose of this hearing is to hear comments from the public on the environmental impact of developing the park in a floodplain area. Riverfront Park will consist of 4. 2 acres. The current site plan includes pedestrian walks, picnic tables , benches, fishing piers , a covered activity area, a small "natural amphitheatre'' , open space areas, landscaping and overlooks. An observation tower may be constructed at the north end of the site as an advanced phase of the project . A pedestrian railroad underpass and a shoreline erosion abatement system are also planned. Negative environmental impacts anticipated include noise, dirt and incon- venience during the construction of the project . Construction activities may cause a short-term increase in the turbidity of the Neches River . In the long term, the project is expected to reduce erosion and run-off . Since the park site was until recently used by two warehousing operations , it is expected that development of the park will result in a net decrease in noise and truck traffic. Some increase in automobile traffic is expected on weekends and during evenings when special events are held at the park The dedication of the site to public recreation and open space and the pro- vision of recreation facilities for future generations will produce lone- term cultural, environmental and recreational benefits which should outweigh the short-term negative impacts. At this point , we' d like to invite comments from the public as to the en- vironmental impact of this project in the floodplain. MAYOR MEYERS : We would then declare this to be an open public hearing and as Norman Whit- aker has mentioned, it would offer anyone from the public an opportunity to speak to the environmental impact of the project itself and we now de- clare this public hearing open. Is there anyone who would care to make any comments? If not , we will now declare this public hearing closed. Norman, is there anything else that you would like to add? -116 July 15, 1980 MR. WHITAKER: No, we will know in about three to four weeks if we get the financing MAYOR MEYERS : Thank you . END OF EXCERPT. -000- Benefit Hearing - West Chester Addition - was held : CI"TY MANAGER RILEY: The next is a benefit hearing which we have relative to the next ordinance which is the assessments being made for the West Chester paving project . This is relative to the purpose of establishing that the street improve- ments will enhance the value of the abutting property in an amount greater than the cost of the assessments. Again, of the total , there were 79 pro- perty owners involved - 52 have made payments in advance at the rate of $10. 00 a front foot . In addition , assessments will be made against some 27 other property owners at $12 . 00 a front foot . Construction was let on June 17 , which is Russ Miller , and the low bid was in the amount of $284, 931 . 00. So, in order to make the assessments , we need to have a pub- lic hearing and in effect determine that the amount of the assessments at $12. 00 a foot are less than the benefits which are being derived . . . or that the benefits being derived by the improvement is greater than the cost of assessments. I believe Stirling Copp will make some necessary statements prior to the public hearing regarding those assessments. STIRLING COPP, DIRECTOR OF PUBLIC WORKS : Steps 1 to 19 of the detailed procedure for assessment paving have been complied with and I would like to ask our City Attorney to attest to that . LANE NICHOLS, ASSISTANT CITY ATTORNEY: That ' s. correct . The notices have been properly given as a prerequisite to this public hearing by the City Clerk._ The contract which you have awarded today to Russ Miller was done in proper compliance with the City laws. At this point , we need to state for the record that all necessary prerequisites for this hearing are met . MR. COPP: Then, there is one other qualification - findings concerning the enhance- ment values and Mr . Buddy Dedman will give us that . BUDDY DEDMAN, REAL PROPERTY 1AANAGE.R, I am Buddy Dedman, City Real Property Manager for the City of Beaumont .. The 27 parcels which are subject to assessment with this project have been analyzed and in no cases does the assessment exceed the enhancement . MR. COPP: At this time, we would like to leave it open i.f there are any comments from any of the property owners. -117 July 15, 1980 MAYOR MEYERS : We would then declare this public hearing open and this is a cost-benefit heating on the West Chester Assessment Paving Project and offer any citi- zens present who would care to speak to that subject an opportunity to do so and ask only that , if you care to speak, you would first give us your name and address please. If there is no one present . . . yes , sir. Won ' t you come forward, please. FRANK MITCHELL, 3335 BENDER: Frank Mitchell , 3335 Bender Street . I just want to know what is was costing the ones , you know, for the middle lots out there to have that street , you know, through in the West Chester Addition? MAYOR MEYERS : What it will cost for whom? MR. MITCHELL: Each one - each resident , what it costs ? . CITY MANAGER: Each resident was in effect given an initial opportunity of paying $10.00 a front foot of property prior to the assessment being made. Of course , after the assessment is levied, it becomes $12. 00 a front foot . In your case, you had 51 . 25 in front feet . Your assessment is $615. 00. That is true about all those persons. Now, there were some 52 property owners that paid in advance, some 27 have not . So, the first of those , the first 52 that paid in advance, they paid a total of $37 ,497 . 00 in assessments . In other words , their costs - those 27 property owners which have not yet paid, will be assessed $12 . 00 a front foot and the total of that is $21,434. MR. MITCHELL: What if you are not quite able to pay i.t , then what? CITY MANAGER: Sir? MR. MITCHELL: What if you are not quite able to pay it , then , how do you do that? CITY MANAGER: Would the City Attorney like to respond to that . MR. NICHOLS : Yes. There . . . the ordinance provides for a method by which you can pay this over a period of time in minimum payments. I would recommend you get with someone from the Public Works Department and they can certainly help you work out your schedule of payments so that you could do it even at the $12. 00 level . CITY MANAGER: There is a period, I believe, of four years . . . -118- July 15, 1980 MR. NICHOLS : You pay one-fifth down and then the other is over a four year period. MR. MITCHELL: Well , during the time they are working on those streets , it "s pretty dusty out -there. Is there anyway we could get the contractor to kind of water down a little and then you have to move your car and put them on the side of the road or either over there at the Melton "Y" and would it be any kind of way you could get a policeman at night to patrol out there every now and then? They are stealing different things off the cars or siphoning gas and getting a few batteries. 7f you could have a policeman out there at night just to check around, you know, something like that , we would appreciate it . MAYOR MEYERS : Who would he want to see? You? MR. COPP: Me or Buddy. MAYOR MEYERS : Mr. Mitchell , if you wanted to, Mr. Dedman who is in the back in that first row or Mr. Cope would be the gentlemen that you would want to see to talk about the financing if you want to visit with them in their office. Is there anyone else who would care to speak on the subject? EVVIA LOEB, 3355 BENDER: I am wondering why are we having to pay this money out when we are paying taxes already and why should we have to pay out this money? MAYOR MEYERS: Okay, I can explaint it or you can explain the program and how this assess- ment paving works and how it becomes reality. I think it would be important for you to know that , Mrs . Loeb. CITY MANAGER: The City does not build residential or local streets . The City is involved in building arterial streets or main thoroughfares . We also participate to a limited degree in what we call neighborhood streets or collector streets . In the case of all of these streets here - Winston, Posey , Worcester , Bender and Irene Streets - all are defined as residential streets. They would not be constructed by the City and there is no tax money involved whatsoever as far as you as an individual pay for this kind of a program directly. But , the Council has allocated an appropriation of money to respond to in- dividual neighborhoods who want to improve the conditions of their streets because they are not constructed in any standard manner to build a street as we would require in any new subdivisions today that developers would be required to build. In this particular project , 79% of the money involved in it is coming from the City or from taxes. In other words , the general taxpayer has contributed to this fund. You as a property owner are only paying 210 of the total at this ratio or assessment of $12. 00. So, every- one, in other words , the entire city, is participating at a 4 to 1 ratio of the property owners who are involved in the neighborhood and this is done in an effort to improve the streets to allow for you to have a stand- ard concrete curb and gutter street as it being constructed by the develop- ers in other neighborhoods. This program is in response to petitions which were carried by the property owners in this neighborhood . And, in order to -119- July 15, 1980 CITY MANAGER cont 'd: proceed with the project , not only did it require a sufficient petition of more than half of the property owners but also a prepayment of their share of more than one-half in order for the Council to respond to take the re- mainder of the funds which were required in order to proceed with the pro- ject and that is what happened. In this part of the process today . . . the project was initiated by the property owners in the area that requested Council to participate in a street assessment and construction project . MRS. LOEB: In other words, in some areas of town they have paved streets and the pro- perty owners don 't have to pay anything. CITY MANAGER: Yes, ma' am. They did pay for them. Whenever you see a new subdivision and there are new streets being built , they are not being built by the City. They are being built by the developer of that subdivision and he subsequently sells those lots or those houses that he has built on that lot and the pro- perty owner who buys that property is paying for the cost of the improvements, not only for streets but the water , sewer and other such things such as side- walks that might be in that neighborhood. The City is not building those streets . The developer is but ultimately the property owner is paying for the cost of that new development when he buys his lot or when he buys his house. MRS. LOEB: Well , this was in the contract when we bought this lot. It was supposed to be a paved street out there then and this was 20 years ago. CITY MANAGER: Well , I 'm afraid the City does not enforce that part of the contractural arrangements you might have had 20 years ago. In other words , the subdivi- sion regulations in this particular area apparently did not apply because all of the streets qualify for construction under the terms of this pro- gram. If this were a new subdivision today, our subdivision regulations would require that those streets would be built in accordance to minimum standards - the same standards which are being done here but the cost of those streets would still be passed along to the property owner when he bought the lot . MRS. LOEB: What about the paved streets in the part of town where they are not new subdivisions. They are being paved also and the property owners don 't have to pay for those. CITY MANAGER: Not paved, ma' am. If you are talking about our rehab program, those are streets which . . . which we still . . . which have a . ditch on the side. They are approximately 20 feet wide and have some type of seal , some. type of asphaltic covering on them, approximately 4 inches of some type of flexible base. Those are being redone in order to improve the surface and the ridability and the maintenance of it . In most cases those streets have gotten to the point where the chuckholes are so great they can no longer be patched and it becomes more practical for us to in effect redo the streets or rebuild in order to be able to use them in the future , so, that kind of a program is far less than this in that the cost there I believe is approxi- mately $17 . 00 to $18. 00 a running foot whereas I believe the cost of this is very close to $90. 00 a running foot so the City is involved in that program but it is a :maintenance program and not a reconstruction program. -120- July 15, 1980 i MRS. LOEB: If you live in one of these subdivisions and did not sign the petition , you still have to pay. CITY MANAGER: Yes , ma' am. MAYOR MEYERS : I would just also close by stating that your question is a good one and it is one that is quite often asked for all sections of the community where people may have moved in 20 or 30 years ago and Council has this proposi- tion to try and go back and assist those areas that did not have developers build the streets as they do now and it "s a way economically to let those people play catch up and get some good streets whereas now all the new developments of course conform and the developer has to do it . So, this is the major intent and most of the tax dollar then is directed to these other programs for resurfacing and reconstruction of existing streets as the Manager was pointing out . But , your question is one that is often asked and it ' s a good one . Is there anyone else that would care to offer any comment? If not , then, we would declare the public hearing closed for the West Chester Assess- ment Paving project and continue with our regular business agenda. END OF EXCERPT. Ordinance No. 80-67 stating that steps 1-20 of the Detailed Procedure for Assessment Paving have been complied with and completed ; stating the facts of the Benefit Hearing; closing the Benefit Hearing; ruling upon all pro- tests made at the Benefit Hearing; stating that the enhancement exceeds the assessment cost ; stating the manner and time of payment and methods of collecting the assessments; and fixing the lien for the amount of the assess- ments, was considered : ORDINANCE NO. 80-67 ENTITLED AN ORDINANCE CLOSING THE HEARING GIVEN TO THE APPARENT ABUTTING PROPERTY OWNERS ON WINSTON, POSEY, WORCES- TER, BENDER AND IRENE STREETS IN THE WESTCHESTER ADDITION AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENTS DESCRIBED HEREIN, AND TO THE ACCURACY, SUFFICIENCY, REGULARITY, AND VALIDITY OF THE PROCEEDINGS AND CONTRACTS IN CONNECTION WITH SAID IMPROVEMENTS AND ASSESSMENTS, AND ANY MANNER OR THING CONNECTED THEREWITH; OVERRULING AND DENYING ALL PRO- TESTS AND OBJECTIONS OFFERED, FINDING AND DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF EQUAL TO OR EXCEEDING THE AMOUNT OF THE RESPECTIVE ASSESS- MENTS AGAINST THE SAME; FINDING THE REGULARITY OF ALL PRO- CEEDINGS , AND THE PERFORMANCE OF ALL PREREQUISITES TO FIXING THE ASSESSMENTS LIENS , AND THE PERSONAL LIABILITY OF PROPERTY OWNERS; LEVYING ASSESSMENT, FIXING A CHARGE AND LIEN AGAINST SAID PROPERTIES SO ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF FOR THE PAYMENT OF PART OF THE COST OF THE IMPROVE- MENTS WITHIN THE LIMITS DESCRIBED; PROVIDING FOR THE ISSUANCE OF ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR COLLECTION; AND PROVIDING FOR SEVERABILITY. The ordinance was approved on a motion made by Councilman Combs and secon- ded by Councilman Williams. Question : Ayes : All Nayes : None -000- Mr. L. P. Kinnear, 2395 Park Street , addressed Council to express his con- cern for the high cost of natural gas. -121- July 15 , 1980 Mr . J. C. Leggett , 1849 Washington Boulevard, addressed Council to report street lights out along Washington Boulevard. -000- There being no further business, the meeting was recessed before continu- ing with the City Council workshop session . -000- I , Myrtle Corgey, City Clerk of the City of Beaumont , Texas, certify that the above is a true copy of the Minutes of the regular City Council ses- sion held July 15, 1980. Myrtle Corgey City Clerk -122- July 15 , 1980