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HomeMy WebLinkAboutMIN MAY 25 1993 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MAY 25, 1993 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 25th day of May, 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 Lulu L. Smith Councilman, Ward I John R. Davis Councilman, Ward III David W. Moore Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by Father Ray Bomberger, Our Mother of Mercy Catholic Church. The Pledge of Allegiance was led by Councilman Moore. -000- Two Proclamations were issued: "Older Texans, Month, " May, 1993 ; and "Emergency Medical Services Week, " May 23-29, 1993 . Mayor Lord commented that Diamond Medical Services and Williams Diamond EMS sponsored a very well-deserved recognition dinner at the Beaumont Hilton for Emergency Medical Services personnel who have been actively engaged in saving lives and encouraged that this recognition become an annual event. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 4, 5, and 7. No one wished to address these items. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held May 18, 1993 ; -108- May 25, 1993 Resolution No. 93-117 authorizing Change Order No. 3 in the amount of $21, 000. 00 to include installation of flapgates and sluice gates on the outfall pipes in accordance with the present permit requirements to the contract with APAC-Texas, Inc. for the construction of a roadway at the Landfill; Resolution No. 93-118 authorizing full and final payment for weed liens against vacant property described as the north part of Lots 20 and 21 in Block "B" of the Amelia Heights Addition, located left of 8275 Washington Boulevard at Avalon Street, in the amount of $125. 00 from Mr. Jack N. Nahas, on behalf of St. Michael 's Orthodox Christian Church who desires to purchase the property with a clear title; Resolution No. 93-119 accepting the bid from Bellard's Drapery & Carpet, Inc. in the amount of $19, 356.57 for carpet and vinyl tile installation at the Fire Department Headquarters, Fire Station No. 10, Fire Station No. 2 , and Fire Station No. 4; Resolution No. 93-120 authorizing settlement of the claim of Cobv McConnell vs. The City of Beaumont in the amount of Four Thousand, Five Hundred ($4,500. 00) Dollars; Resolution No. 93-121 authorizing settlement of the claim of Pat Kelly vs. The City of Beaumont in the amount of Four Thousand ($4, 000. 00) Dollars; Resolution No. 93-122 authorizing settlement of the claim of Wanda Raluzny vs. The City of Beaumont in the amount of Fourteen Thousand ($14, 000. 00) Dollars; and Resolution No. 93-123 authorizing settlement of the claim of Justin Bruno vs. The City of Beaumont in the amount of Nine Thousand, Eight Hundred ($9,800. 00) Dollars. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- An Ordinance authorizing a zone change from RS (Residential Single Family Dwelling District) to RM-M (Residential Multiple Family Dwelling- Medium Density District) for property at 1194 West Lucas Drive, described as Lots 7, 8 and the north one-half of Lot 6, Block 10, Calder Highlands Addition, requested by Joy Johnson and Carol Raynes, owners of the house and attached garage, so they can legally operate a rooming house, with recommendations from the Planning Commission and Staff for denial based on creation of "spot zoning" and protests from 41% of property owners within 200 feet, was considered: -109- May 25, 1993 ORDINANCE NO. 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 RM-M (RESIDENTIAL MULTIPLE FAMILY DWELLING- MEDIUM DENSITY DISTRICT) FOR PROPERTY LOCATED AT 1194 WEST LUCAS DRIVE DESCRIBED AS LOTS 7, 8 AND THE NORTH ONE- HALF. OF LOT 6, BLOCK 10, CALDER HIGHLANDS ADDITION TO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The Ordinance was denied on a motion made by Councilman Alter and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 93-23 authorizing a Specific Use Permit at the request of Schaumburg and Polk for The Nichols Company, developers, which proposes the required general land us and density plan for Green Meadow Patio/Townhomes; Phase III of a four phase PUD (Planned Unit Development) , described as 2. 1 acres out of parts of Lots 2 and 3, Block 5, Park Meadows Addition, Unit V, was considered: ORDINANCE NO. 93-23 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW THE CONSTRUCTION OF FOUR (4) CONDOMINIUM UNITS ON 2.41 ACRES OUT OF PARTS OF LOTS 2 AND 3, BLOCK 5, PARK MEADOWS ADDITION, UNIT 5, PROPOSED AS GREEN MEADOWS PATIO / TOWNHOMES, PHASE III OF A FOUR PHASE PUD, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 93-23 was approved on a motion made by Councilman Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- Ordinance No. 93-24 authorizing issuance of a Specific Use Permit to allow W. H. Taft, president of Community Cemeteries, Inc. , to expand an -110- May 25, 1993 existing cemetery on a 2 .26-acre tract of land located west of Pine Street and north of Hale Street, described as Tax Plat D-20 in the A. Williams Survey, zoned RS (Residential Single Family Dwelling) with 27% objection from owners of property with 200 feet of the tract, thereby, invoking the 20% rule for approval, was considered: ORDINANCE NO. 93-24 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO COMMUNITY CEMETERIES, INC. TO ALLOW EXPANSION OF AN EXISTING CEMETERY LOCATED WEST OF PINE STREET AND NORTH OF HALE STREET ON A 2.26 ACRE TRACT OUT OF TAX PLAT D-20 IN THE A. WILLIAMS SURVEY ZONES RS (RESIDENTIAL SINGLE FAMILY DWELLING DISTRICT) BEAUMONT, JEFFERSON COUNTY, TEXAS. After explanation that a compatible agreement for expansion of an existing cemetery has been reached between W. H. Taft, President of Community Cemetery, Inc. and Donald R. Green, Representative of Morningside and Hale Street residents, Ordinance No. 93-24 was approved on a motion made by Councilman Davis and seconded by Councilman Moore with incorporation of this agreement into the ordinance. Question: Ayes: All Nayes: None -000- Resolution No. 93-124 approving the Final 1993 CDBG Statement of Objectives and Projected Use of Funds and apply for, accept and spend 1993 CDBG funds for H o u s i n g : $1,487,000 (Single Family Housing Rehabilitation, $500, 000; Multi Family Housing Rehabilitation, $700, 000; Dick Dowling Area Housing Development Demonstration Project, $287,000) , P u b l i c F a c i l i t i e s a n d I m p r o v e m e n t s $400,000 (Northend Recreation Center) ; S p e c i a l E c o n o m i c D e v e 1 o p m e n t A c t i v i t i e s : $100, 000 (Small Business Revolving Loan Fund) ; and A d m i n i s t r a t i o n , $370, 000, (Personnel and Operating Expenses) for a total 1993 CDBG Grant Program in the amount of $2, 357, 000 was approved on a motion made by Mayor Pro Tem Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 93-125 authorizing purchase of a small rubber track excavator from Conley Lott Nichols Machinery Co. in the amount of $35,747. 00 for use by the Water Utilities Sewer Maintenance Division was approved on a motion made by Councilman Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -111- May 25, 1993 A Public Hearing was called to consider the sixteen (16) below listed dilapidated structures found to be in violation of the City of Beaumont's Dangerous structure Ordinance, Article III, Section 14-50: 1670 Doucette - Robert F. Ford, Jr. , owner (22 violations) , Staff recommendation to raze within 30 days; 3980 Fonville - Effie Haynes, owner (27 violations) , Staff recommendation to raze within 30 days; 3390 Bender - John J. Adams, owner (27 violations) , Staff recommendation to raise within 30 days; 3640 Edmonds - Virginia Henry, owner (21 violations) , Staff recommendation to raze within 30 days; 3295 Westmoreland - Lucille Frank, Est. c/o Willis Alfred, Jr. , owner (22 violations) , Staff recommendation to raze within 30 days; 554 Buford - Lydia Bobbin, Est. of Celia West, owner (21 violations) , Staff recommendation to raze within 30 days; 556 Buford, Percy Bobbin, owner (27 violations) , Staff recommendation to raze within 30 days; 2286 Blanchette - John & Frankie DeYoung, owners (24 violations) , Staff recommendation to raze within 30 days; 1860 Trinidad - Rufus Parker, Et Ux c/o Mattie Randle, owner (17 violations) , Staff recommendation to raze within 30 days; 318 LaSalle - Ulishious Riley, Est. , owner (22 violations) , Staff recommendation to raze within 30 days; 420 Manning - Joseph Elvin Bryant, owner (24 violations) , Staff recommendation to raze within 30 days; 275 E. Simmons - Rear (19 violations) and 275 E. Simmons - Front (23 violations) - Ivory Boswell c/o Melba J. Boswell Byrd, owner, Staff recommendation to raze both structures within 30 days; 2470 Pine - Van Franklin, Jr. Et Al, owner (12 violations) , Staff recommendation to raze within 30 days; 2495 Pine - St. Michaels Orthodox Christ Church Cemetery, owner (22 violations) , Staff recommendation to raze within 30 days; and 2037 Laurel - H. H. Houseman, owner (22 violations) , Staff recommendation to raze within 30 days. These parcels of property have been inspected, are vacant, and found to be in violation of Article III, Section 14-50 of the Code of Ordinances. Notices have been sent to owners by Certified Mail and published in the Beaumont Enterprise. The sixteen (16) structures listed below have been condemned by City Council and the owners ordered to either raze or repair them within specified time frames. Reinspection of these structures have revealed non-compliance with the Council 's order. The Community Development Division of the Administrative Services Department is requesting authorization from the City Council to demolish these structures in accordance with the Dangerous Structure Ordinance and charge the property owners with the cost of demolition. 3088 W. Brenham, 4140 Ector, 2950 Edmonds, 1555 Elgie, 1280 Grand, 4513 Kenneth, 240 Lethia, 1235 Magnolia, 1335-45 Magnolia, 605 Nolan, 1956 Liberty 2545 E. Lucas, 3475 West, 3479 West, 580 N. Circuit Drive and 580 N. Circuit Drive - garage. There being no one to address Council, the Public Hearing was closed. -112- May 25, 1993 Ordinance No. 93-25 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by their owners was considered: ORDINANCE NO. 93-25 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND / OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Councilman Cokinos requested that the structure at 2495 Pine Street be removed from the list of structures and voted upon separately. Ordinance No. 93-25, without 2495 Pine included, was approved on a motion made by Councilman Alter and seconded by Councilman Moore. Question: Ayes: All Nayes: None Declaring 2495 Pine as a public nuisance and ordering demolition within 30 day as stated in Ordinance No. 93-25 was approved on a motion made by Mayor Pro Tem. Goodson and seconded by Councilman Smith. Question: Ayes: Mayor Lord Nayes: None Mayor Pro Tem Goodson Councilman Alter Councilman Smith Councilman Davis Councilman Moore Abstained: Councilman Cokinos -000- The City Manager advised Council that Mr. Frank Ildebrando, our financial advisor from the firm of Ruascher Pierce Resfnes, is enroute with the final results of the bid opening held in their office this morning and requested that Agenda Item No. 7 authorizing issuance of Refunding Bonds be moved to the end of the Agenda. Council concurred with Mr. Riley's request. -000- Councilman Moore thanked Mayor Lord for attending the South Park Neighborhood event last week, and said the residents were very pleased with her presence and interest. At the request of Mayor Lord, he explained that this was an annual fundraising event for various projects of the neighborhood. This year they are purchasing signs to be installed informing new residents of the organization and to provide -113- May 25, 1993 opportunity for them to become acquainted. Mayor Lord Lord said "this is fine example of a neighborhood organization that really clicks well, and they're going to put these signs up all around the area in their Neighborhood Association, and they've developed their own logo and have a lot of pride in it. It's an excellent logo, and they should have. " Councilman Davis commended Mr. Taft, Mr. Green and the residents of Morningside and Hale Streets for reaching an amicable compromise with the addition of the cemetery request. He said it shows him that "citizens can control their own future and destiny, " and said everyone needs to be commended because they were able to work out their disputes. Councilman Alter joined Councilman Davis for the cooperation exhibited between the residents and Mr. Taft, reported that today he attended a Groundbreaking Ceremony of Beautification Project at Rogers Park. He said the Texas Association of Landscaping Contractors have volunteered to place a large amount of shrubs, flowers and grass around the sign on the corner and will maintain the garden and replace the flowers four times each year to coincide with the appropriate season. Mayor Lord emphasized that is commendable that they have accepted the responsibility to maintain the landscaping because of the extra care that could be placed upon our Park Division. Councilman Cokinos congratulated the Beaumont Police Department for a successful DARE Program. He said that after the affair at South Park Middle School, a Drug-Free sign was unveiled at Alice Keith Park and said the people in the community there have an upbeat attitude, and they have a nice organization. Mayor Pro Tem Goodson joined Councilman Cokinos in applauding the DARE Program, thanked UTMB personnel in Galveston and Beaumont, the Health Department and Ingrid for their endeavors for the health of the adolescents and infants in this community. Councilman Smith said the Ribbon Cutting of the new Clinic for UTMB was a very nice affair and now all of our women's and children's services for the County and City under one building and makes for a more collaborative effort. She expressed excitement about the developments and said she looks forward to working with UTMB and hope other program can be developed. Also, she commented that the Dare Program graduation was very spirited, and the kids apparently had a good time and hoped they learned a lot. She said there was an awards ceremony for students last week for Middle School students and was amazed that 1100 students at Austin Middle School could file into the auditorium in such an orderly fashion in ten minutes. Councilman Moore thanked Councilman Cokinos for his attendance at the Neighborhood Association meeting, said he enjoyed touring the Health Clinic with Councilman Smith, and commended Councilman Davis for his leadership and guidance in resolving the dispute between Mr. Taft and the residents -114- May 25, 1993 of Morningside and Hale Streets. Councilman Smith added that is nice that citizen can solve problems between themselves. Councilman Cokinos added that he has received several telephone calls and contact regarding parking on Pine Street the Country Club, and said a request has been made for no-parking only on Sunday, and said he thinks a problem will be averted near the Country Club and Boat Ramp. He asked Tom Warner, Public Works Director, to investigate this suggestion. Councilman Alter reported that last Thursday's "Concert in the Park" with the Jimmy Simmons, Orchestra was a very fun evening, and Councilman Cokinos joined him in welcoming the crowd. Mayor Pro Tem Goodson said he was at a Lamar University baseball game on Thursday and could not attend the concert, and congratulated the Lamar baseball for great victory in the Sun Belt Conference and representing us in the NCA Regional Tournament. Mayor Lord said she feels very good about this community, because this last week she has spent a great deal of time in the schools, participating in various activities: awards ceremonies at Westbrook and Central High Schools, giving the commencement speech at Beaumont Christian and attending Kelly High School 's graduation ceremonies, where they made she and Councilman Cokinos honorary graduates. She said she feels our future is in good hands. -000- Mayor Lord recognized Mr. Ildebrando's presence in the meeting and asked Mr. Riley to continue with Agenda Item No. 7. Ordinance No. 93-26 authorizing issuance of $6,530,000 Refunding Bonds, Series 1993; authorizing advance refunding of certain Certificates of Obligation and Bonds, the execution and delivery of an escrow agreement and subscription for and purchase of certain escrowed securities was considered: ORDINANCE NO. 93-26 ORDINANCE AUTHORIZING THE ISSUANCE OF $6, 530, 000 THE CITY OF BEAUMONT, TEXAS, REFUNDING BONDS, SERIES 1993 ; AUTHORIZING THE ADVANCE REFUNDING OF CERTAIN CERTIFICATES OF OBLIGATION AND BONDS AND THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT AND THE SUBSCRIPTION FOR AN PURCHASE OF CERTAIN ESCROWED SECURITIES; AND CONTAINING OTHER MATTERS RELATED THERETO -115- May 25, 1993 Mr. Riley said Council has approved and proceeded with proper advertising procedures for the Refunding Bond Series of 1993 to advance refund older issues for a savings of interest expense related to the debt service of the bonds. He said bids were taken at 11: 00 a.m. this morning at the office of Rauscher Pierce Resfnes, Inc. in Houston, and Mr. Frank Ildebrando has the results that have been provided by a sophisticated computer program with all variations that indicates the most advantageous bid. He asked Mr. Ildebrando to report the results of the bid opening. Mr. Frank Ildebrando: Thank you, Mr. Riley. Mayor, Councilmembers, we just passed around a tabulation bid forms. As Mr. Riley indicated, we received bids at 11:00 a.m. this morning from six (6) individuals, or six (6) firms willing to purchase the City's bonds. The recap of that bid, of those bids, are in front you. NationsBanc Capital Markets and Texas Commerce Bank were the successful bidder with a true interest cost of a 5.21. The gross savings over a ten-year period is $5, excuse me I believe it's eleven- year period, is $577, 198, which comes to approximately $47 - $48,000 a year with a present value savings of $442, 000. The bid is almost to, I would say within a few thousand dollars of what we projected it to be in our Preliminary Official Statement, and I believe you all have a copy of that, and I would certainly recommend that the Council award the bid to the NationsBanc and Texas Commerce Bank group. If there are any questions I could ask or any details I can, I can add in about the refinancing, I 'll be happy to do. Let me just also say that our A ratings have been confirmed by both rating agencies, which I was pleased to hear, and the bonds went as insured bonds, so they came through the market with a Triple-A ratings, which we're very pleased about, too. Mayor Lord: Sounds good, doesn't it? Does Council have any questions? If not, do I have a motion on this? Ordinance No. 93-26 was approved on a motion made by Councilman Moore and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- Mayor Lord reported to Staff that she has had senior citizen who attend dances at Central Park contact her about the need for better lighting on the side near the park to increase assurance of their safety. -000- Mayor Lord announced that an Executive Session will be held in accordance with Section 2 (e) of the Texas Opens Meeting Act to discuss -116- May 25, 1993 contemplated or pending litigation: State of Texas, et al vs Martin- Matthews, Inc. and to discuss GSU rates following the Regular Session of City Council. -000- Mr. Henry Dannenbaum, 1567 Wall Street, addressed Council in favor of the Mayor's Committee for the Employment of Handicapped Persons. Mr. Johnny Cantue, 1080 Hale Street, addressed Council regarding details of the agreement between the residents of Morningside and Hale Streets and Mr. Taft and was informed that he could obtain a copy from Councilman Davis after Council. -000- There being no further business, the Regular Session of City Council was recessed 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 May 25, 1993 . Rosemarie Chiappetta City Clerk -117- May 25, 1993