HomeMy WebLinkAboutMIN JAN 08 1985 REGULAR SESSION
CITY COUNCIL - CITY OF BEAUMONT
HELD JANUARY 8, 1985
BE IT REMEMBERED that the City Council of the City of Beaumont, Texas,
met in regular session this the 8th day of January, 1985, with the
following present:
HONORABLE: William E. Neild Mayor
Joseph D. Deshotel Councilman At Large
G. Wayne Turner Councilman At Large
Nell Pruitt Weisbach Councilman, Ward I
Mike Brumley Councilman, Ward II
Audwin Samuel Councilman, Ward III
David W. Moore Councilman, Ward IV
Karl Nollenberger City Manager
Lane Nichols City Attorney
Myrtle Corgey City Clerk
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The Invocation was given by the Reverend John Mowry, pastor of the
First Church of God of Anderson.
The Pledge of Allegiance was led by Councilman Deshotel.
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One proclamation was issued: "MH-MR of Southeast Texas Day in
Beaumont" - January 8, 1985.
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The following items of the Consent Agenda were considered:
Approval of the Minutes of the regular City Council session held
December 18, 1985;
Resolution 85-1 reappointing Wilton White and Gerald Clark to the
Reinvestment Zone No. 1 Commission, terms expiring December 31, 1986;
reappointing Judge Larry Gist to the Clean Community Commission, term
expiring September 30, 1986; appointing Etta Lois Hope and
reappointing Bessie Zecher to the Senior Citizens Advisory Committee,
terms expiring September 30, 1986; and reappointing Betty Reinstra to
the Library Commission, terms expiring October 31, 1986;
-1- January 8, 1985
Ordinance No. 85-1 establishing the Martin Luther King, Jr. holiday on
the third Monday in January was considered:
ORDINANCE NO. 85-1
ENTITLED AN ORDINANCE DECLARING THE THIRD MONDAY
IN JANUARY A CITY HOLIDAY IN HONOR OF THE
BIRTHDAY OF DR. MARTIN LUTHER KING, JR. ;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR
REPEAL.
Resolution 85-2 authorizing repairs to a vertical turbine pump at the
Virginia Street Lift Station from Peabody Floway at $3,557.00;
Resolution 85-3 authorizing purchase and installation of 90 feet chain
link fence for the Fleet Service Center from United Fence at
$1,455.00;
Resolution 85-4 authorizing a six-month contract for ready-mix
concrete for the Street, Drainage, Water and Sewer Divisions from
Smith Materials (5 sack ready mix at $51.50 per cubic yard, add or
deduct cement at $4.00 per sack; Type III High Early plus $3.00 per
cubic yard);
Resolution 85-5 adopting a Policy Manual for the Beaumont Municipal
Transit System; and
Resolution 85-6 authorizing purchase of seven (7) radar units for the
Police Department from M.P.H. Industries at $6,427.75.
The Consent Agenda was approved on a motion made by Councilman
Deshotel and seconded by Councilman Turner.
Question: Ayes: All Nayes: None
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A public hearing for the issuance of $4.7 million in revenue bonds for
Deerwood Apartments was considered:
CITY MANAGER NOLLENBERGER:
The first item today, Your Honor, is a public hearing and it relates
to the fact that the Beaumont Multi-Family Housing Finance Corporation
has issued an inducement resolution agreeing to finance $4.7 million
worth of revenue bonds for the multi-family project called the
Deerwood Apartment Project. It is to be developed by Rowan Smith,
which is Regional Construction, Inc. , and it is going to consist of
168 units of apartment dwellings. Under the guidelines for the
Multi-Family Housing project, at least 20 percent of the units have to
be . . . have to qualify for low/moderate income range individuals.
-2- January 8, 1985
MR. NOLLENBERGER continued:
Under the laws of the federal government relating to these types of
bonds, it requires that the City Council hold a public hearing prior
to the issuance of the bonds and that they pass a resolution approving
the bonds. After that, it would go back to the Multi-Family dousing
Corporation for final approval of the bonds themselves and actual
issuance of the indenture. ,Just to clarify, the City has no security
for repayment of the bonds. . .behind the bonds. The sole source of
security is the revenue of the project itself and that is understood
by the purchaser of the bonds. Subsequent to the public hearing, you
will consider a resolution to actually adopt and approve these, Your
Honor.
In answer to a question by Mr. Turner concerning a payment to
Multi-Family dousing Corporation at closing, the Manager told Council:
The payment . . . there's two (2) different aspects that go into that
that the Multi-Family Housing Corporation will deal with. One is that
there is a 1% closing fee. That 1% closing fee is $47,000.00 if the
full issuance is made and that goes to the Multi-Family Housing
Corporation. In addition, the developer has proposed, and the
Multi-Family Housing Corporation has accepted, an offer to have an
on-going payment during the course of the bonds of certain number of
base points on the bonds which would yield abaout $12,000.00 per year
.roughly which would go back into low income housing in the community.
That's not a condition that the City Council is dealing with at the
moment, but it is a condition that the Multi-Family Housing
Corporation has passed and has accepted and would be included in the
actual bond trust documents so that it would be tied down.
MAYOR NEILD:
At this time, I declare the public hearing open in connection with the
issuance of revenue bonds for Deerwood Apartments.
Mr. Rowan Smith, developer, addressed the public hearing in support of
the issuance of the bonds for the project.
Messrs. Josh W. Allen, Sr. , 1390 Calder; Wes Callaway, Jr. , 1390
Audubon, and Frank Dover, 1215 Sandwood; addressed the hearing in
opposition to the issuance of revenue bonds.
Messrs. Rick Warchol, 1155 S. I-10, and Elray Wilson, 8275 Old Voth
Road, addressed the hearing in support of the project.
A motion to close the public hearing was made by Councilman Turner and
seconded by Councilman Samuel.
Question: Ayes: All Nayes: None
-3- January 8, 1985
A resolution authorizing issuance of $4.7 million in revenue bonds by
the Beaumont Multi-Family Housing Finance Corporation for Deerwood
Apartments (Rowan Smith, Regional Construction, Inc. , developer) was
deferred two weeks to review additional data to be received from the
Apartment Management Association and staff concerning occupancy rate
in next week's Council Workshop Session with document to be placed on
the following week's business agenda for action on a motion made by
Councilman Turner and seconded by Councilman Samuel.
Question: Ayes: Mayor Neild Nayes: Councilman
Councilman Weisbach
Deshotel Councilman
Councilman Brumley
Turner
Councilman Samuel
Councilman Moore
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Ordinance No. 85-2 granting a Specific Use Permit for a garage
apartmentin an RS (Residential Single Family) district at 1 Bayou Bend
Drive (requested by James L. Hayes) was considered:
ORDINANCE 30. 85-2
ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE
PERMIT FOR A GARAGE APARTMENr ON PROPERTY
LOCATED AT 1 BAYOU BEND DRIVE.
The ordinance was approved on a motion made by Councilman Deshotel and
seconded by Councilman Brumley.
Question: Ayes: Mayor Neild Nayes: Councilman
Councilman Turner
Deshotel
Councilman Weisbach
Councilman Brumley
Councilman Samuel
Councilman Moore
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Ordinance No. 85-3 granting a Specific Use Permit to establish a day
care center for children in an R-3 (Modified Two Family and Multiple
Dwelling) district at 2190 Broadway (requested by Carol Jones) was
considered:
ORDINANCE NO. 85-3
ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE
PERMIT FOR A DAY CARE CENTER FOR CHILDREN ON
PROPERTY LOCATED AT 2190 BROADWAY.
The ordinance was approved on a motion made by Councilman Deshotel and
seconded by Councilman Brumley.
Question: Ayes: All Nayes: None
-4- January 8, 1985
The first reading of an ordinance amending the franchise with Liberty
Tele-Communications, Inc. was held:
AN ORDINANCE
AN ORDINANCE AMENDING THE FRANCHISE GRANTED
TO BEAUMONT CABLEVISION, INC. , PREDECESSOR
OF LIBERTY T.V. CABLE, INC. ON NOVEMBER 25,
1975, BY INCREASING THE PAYMENTS TO BE
MADE THEREUNDER; BY EXTENDING THE TERM
THEREOF; AND BY REMOVING CITY REGULATORY
CONTROL OF RATES.
(Councilman Moore left during consideration of this item. )
The ordinance was passed to its second reading on a motion made by
Councilman Turner and seconded by Councilman Samuel.
Question: Ayes: All Nayes: None
(Councilman Moore returned to the meeting. )
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Ordinance No. 85-4 amending Section 26-23 of the Code of Ordinances,
relating to speed zones, was considered:
ORDINANCE NO. 85-4
ENTITLED AN ORDINANCE AMENDING CHAPTER 26,
SECTION 26-23 OF THE CODE OF ORDINANCES OF
THE CITY OF BEAUMONT TO ESTABLISH MAXIMUM
SPEED LIMITS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL AND PROVIDING A
PENALTY.
Those amended are: 11th Street from College to Edmonds reduced from
40 to 35 m.p.h. ; Phelan Boulevard from Pru tzman to Major be
established at 40 m.p.h. ; Walden Road from IH-10 to approximately
3,900 feet west of IH-10 increased to 35 m.p.h. and Walden Road from
3,900 feet west of IH-10 to Major Drive increased to 45 m.p.h.
The ordinance was approved on a motion made by Councilman Deshotel and
seconded by Councilman Turner.
Question: Ayes: All Nayes: None
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Resolution 85-7 authorizing execution of an agreement with South East
Texas Regional Planning Commission for planning funds at an estimated
$30,000.00 available through Section 8 of the Urban Mass
Transportation Act of 1964, as amended, was approved on a motion made
by Councilman Weisbach and seconded by Councilman Deshotel.
Question: Ayes: All Nayes: None
-5- January 8, 1985
Councilman Samuel told Council he had received a letter from Mrs.
Barbara Murphy, 5465 Gober Road, and two phone calls from some P.T.A.
members who are concerned about the bus stop by French High School, at
the corner of Ernestine and Concord. He asked that something be done
for the safety of those waiting for buses so that they would not have
to wait in the roadway.
Councilman Moore read the following statement:
"When I came on to Council, I truly became a believer and a
practitioner of watching my words and respecting their power, for
there would be times where they could influence, hurt, or mislead
citizens.
Last week, when I was contacted by the press and asked if I planned to
attend a dinner at a private club, I told him I had not decided, just
returning home, and to contact me later for a decision; however, I did
state that it would be sad if I had to lock myself out of any function
that was important to this City. With that comment, I wanted to check
for myself to see if written or unwritten laws existed that prevented
people from all walks of life from being members.
After careful examination, I must state that I cannot, in good
conscience, attend a function where the practices of discrimination
are still dominant. I'm not condemning the citizens that are members,
for that is their privilege; however, I would like to appeal to some
individuals' sense of equality and 'human consideration for others, so
that we might bridge some of the gaps between our community.
It is understandable that social economic barriers do exist and will
exist until people of all colors decide we must go forward in a
positive direction - not one group traveling behind the other, but
together, creating synergy that will; hopefully, propel our City
forward. It would be remiss of me if I did not acknowledge the
efforts many have made to bring about harmony, yet it would be equally
damaging if I did not address an injustice that exists in our City.
So, I'm soliciting the support of this Council and other public
officials to discourage practices that promote the ideals of the past,
for if we are going to be a City of the future, we must challenge head-
on our problems of today and give all citizens the right to self
respect, dignity and pride in the place where they live.
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Mr. J. C. Leggett, 1849 Washington Boulevard, addressed Council to
question utility rates.
-6- January 8, 1985
Mayor Neild called an Executive Session pursuant to Section II of the
Texas Open Meetings Act to be held immediately following the City
Council Workshop Session.
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There being no further business, the meeting was recessed before
continuing with the City Council Workshop Session.
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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 session held January 8, 1985.
Myrtle Corgey
City Clerk
-7- January 8, 1985