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MIN MAR 26 1985 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MARCH 26, 1985 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 26th day of March, 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 Absent: David W. Moore Councilman, Ward IV Karl Nollenberger City Manager Hugh Earnest Asst. City Manager Lane Nichols City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Reverend James Maness, Baptist Student Union, Lamar University. The Pledge of Allegiance was led by Mayor Neild. -000- One proclamation was issued: "Statue of Liberty Day in Beaumont" - March 26, 1985. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held March 19, 1985; Resolution 85-89 accepting the donation of three (3) easements out of the D. Easley Survey in the area of Dusty, Vinson and Black Streets for a six foot (6') drainage ditch to be constructed along property lines of Leland Best, C. A. Kohler and the Bishop Bernard Ganter and terminated at the Walker Ditch; Resolution 85-90 accepting a donation of a 2050.7 foot Sanitary Sewer easement in the Donahue & Cashen Tract out of the A. Williams League at the Southeast corner of Pacific and College Streets from John and Mary Lisotta Summerville; and -57- March 26, 1985 Resolution 85-91 (correcting Resolution 85-79, approved on March 12, 1985) approving the sale of two parcels of surplus City-owned property: Parcel No. 1, a 0.38 acre tract of land out of Lots 19 and 20 of Thurlow Court Addition to Oscar Sims at $4,500.00 and Parcel No. 2, a 2,300.0 square foot tract of land out of City Tax Tract 25, Plat "N", David Brown League, Abstract 5 to Joe E. O'Fiel at $1,200.00. The Consent Agenda was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question: Ayes: All Nayes: None -000- A public hearing authorizing the submission of a grant application of the U. S. Department of Transportation for Transit Improvements was consideredt MAYOR NEILD: At this time we have a public hearing, Mr. Manager? CITY MANAGER NOLLENBERGER: Yes, Your Honor. I'll introduce the subject matter of the public hearing. The public hearing is on authorizing submission of a grant to the United States Department of Transportation for transit improvements. On February 12th, the Council discussed in Work Session the alternatives for provision of an Off- Street Transfer Facility for transportation purposes in an area that is bounded by Liberty/Laurel and the proposed Crockett Street Connector. A resolution was passed at the subsequent meeting on February 19th establishing a public hearing for today, March 260, as required under the regulations of the Urban Mass Transportation Administration - UMTA. On January 31st, the Transit Advisory Committee to the City Council considered two different alternative locations for the potential terminal and voted unanimously to recommend that the site at Liberty/Laurel near the proposed Crockett Street Connector be considered. The proposed site is two blocks east of Wiess Park at the intersection of Liberty and the proposed extension of Neches Street. It is designed to accommodate passengers as well as the buses and there is no enclosed buildings to be maintained, heated or cooled. The court area of the facility would be landscaped to provide pleasing atmosphere for the passengers utilizing the facility. The cost of that alternative is estimated to be $320,000 for the design, engineering and construction of the project. The budgeted cost would come 80 percent from UMTA which is the federal government. They set aside somuch of the gas tax money for transportation types of improvements of this sort. That's $256,000; 13 percent from this year's budget of the State for transportation improvements of $41,600 and 7 percent will be left from City funding of $22,400 and that would be a total $320,000 budget. -58- March 26, 1985 CITY MANAGER continued: Although the recent financial considerations have limited the City's capability relating to funds, we are recommending that the grant be submitted at this time in order to keep all options open in the future. Until the application is improved by UMTA and accepted by Council, City funds are not specifically committed. Due to the leveraging of City funds where we only pay 7% of the actual project, $22,000 versus $320,000, and the fact that there is a great uncertainty as to federal assistance in future years in that President Reagan has recommended the total cessation of the UMTA budget, we are suggesting that proceeding with the application is recommended at this time because we probably won't get a chance in the future. The Council will have the option of discussing the actual funding with the Capital Improvement budget discussions and also part of the UMTA grant consideration when it comes time to accept that particular grant in the event that we are successful in achieving it. For those reasons, we are recommending that ultimately that the resolution be passed after the Council holds a public hearing. MAYOR NEILD: Any question or comment? I guess we need to call for a public hearing in connection . . . COUNCILMAN TURNER: Can I ask a question, first, Mayor? The plan allows for subsequent Council consideration prior to the actual funding. Is that correct? CITY MANAGER: That's correct. All we are doing at this point is saying let's keep all options open until such time as we have more information. COUNCILMAN TURNER: And the timing of such is that if we receive the grant, what . . . in the next several months will we know whether or not we are going to get it or not? CITY MANAGER: The specific time schedule Tom will be able to help us with, Tom Horne, the Director of Transportation. COUNCILMAN TURNER: Tom, do you know when we might know something? -59- March 26, 1985 TOM HORNE, Director of Transportation: UMTA has been . . . due to the proposed cutbacks, they've been very squemish in giving us dates on anything. Typically, something like this would be on the order of 6 months. We would have to discuss with them how much time we could allow before we'd accept it before they would actually withdraw the approval. COUNCILMAN TURNER: Well, going into it, I don't suppose we would need to talk about that to them. I'm just curious. We should know something along September, October, whether or not it has been accepted. Is that correct? Then, the Council need to again review and act on it as far as the actual funding? MR. HORNE: Correct. MAYOR NEILD: There not any other questions, I will call the public hearing on authorizing the submission of a grant ' to the U. S. Department of Transportation for transit improvements. If there are any of you that are here that-would like to speak to that, I would be glad to receive you at this and if you would come to the podium and give us your name and address. There not being anyone to speak in behalf or against, I will declare the public hearing closed. Resolution 85-92 authorizing the submission of a grant application to the U. S. Department of Transportation for an Off-Street Transfer Facility for the Beaumont Municipal Transit System to be located two (2) blocks ease of Weiss Park at the intersection of Liberty and the proposed extension of Neches Street (estimated at $320,000: UMTA 80% at $256,000; State 13% at $41,600 and City 7% at $22,400) was approved on a motion made by Councilman Brumley and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Ordinance No. 85-30 abandoning the north 5-feet of a 15-foot utility easement in Thomas Road Addition (requested by Eddie Schroeder, attorney for the property owner, to remove the encroachment and clear title to the property) was considered: ORDINANCE NO. 85-30 ENTITLED AN ORDINANCE ABANDONING THE NORTH 5 FEET OF A 15-FOOT UTILITY EASEMENT LOCATED IN BLOCK 4, LOT 1, THOMAS ROAD ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. -60- March 26, 1985 The ordinance was approved on a motion made by Councilman Weisbach and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Ordinance No. 85-31 abandoning the western 5-feet of a 16-foot utility easement in Longmeadow Addition (requested by Eddie Schroeder, attorney for the property owner, to remove the encroachment to complete the transfer of title) was considered: ORDINANCE NO. 85-31 ENTITLED AN ORDINANCE ABANDONING THE WESTERN 5 FEET OF A 16-FOOT UTILITY EASEMENT RUNNING PARALLEL WITH THE EASTERN PROPERTY LINE OF LOT 14, BLOCK 1, LONGMEADOW ADDITION, OZAUMONT, JEFFERSON COUNTY, TEXAS. The ordinance was approved on a motion made by Councilman Brumley and seconded by Councilman Turner. Question: Ayes: All Nayes: None -000- Ordinance No. 85-32 abandoning one block of Fannin Street for one block from Main to Pearl (for development of two abutting blocks for museum) was considered: ORDINANCE NO. 85-32 ENTITLED AN ORDINANCE VACATING AND ABANDONING A PORTION OF FANNIN STREET FOR ONE BLOCK FROM MAIN TO PEARL. The ordinance was approved on a motion made by Councilman Brumley and seconded by Councilman Turner. Question: Ayes: Councilman Abstained: Mayor Neild Deshotel Councilman Turner Councilman Weisbach Councilman Brumley Councilman Samuel -000- Ordinance No. 85-33 amending Section 25-57.A. Exemption for Historical Significant Sites was considered: -61- March 26, 1985 ORDINANCE NO. 85-33 ENTITLED AN ORDINANCE AMENDING CHAPTER 25, SECTION 25-57(A) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO INCLUDE EXEMPTIONS FOR HISTORICALLY SIGNIFICANT SITES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- An ordinance changing the zoning from RS to NSC for property located in the 4000- 4100 blocks of Washington Boulevard (requested by Isreal Senigaur) was considered: AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 20 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 CHANGING THE ZONING FROM RS (RESIDENTIAL SINGLE FAMILY DWELLING DISTRICT) TO NSC (NEIGHBORHOOD SHOPPING CENTER DISTRICT) AND APPROVAL OF A GENERAL DEVELOPMENT PLAN FOR PROPERTY LOCATED IN THE 4000-4100 BLOCKS OF WASHINGTON BOULEVARD ON THE SOUTH SIDE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was deferred for two weeks at the request of the applicant on a motion made by Councilman Deshotel and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Ordinance No. 85-34 issuing a Specific Use Permit to establish an automotive repair and body and paint shop in a GC-MD (General Commercial-Multiple Dwelling) district located at 4110 Lucas (requested by Austin Dishman) ORDINANCE NO. 85-34 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ESTABLISH AN AUTOMOTIVE REPAIR AND BODY AND PAINT SHOP ON PROPERTY LOCATED AT 4110 LUCAS. -62- March 26, 1985 The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Ordinance No. 85-35 issuing a Specific Use Permit to establish a church in a RS (Residential Single Family Dwelling) district on property located at 8340 Voth Road (requested by James Stephenson for Abundant Life Tabernacle Church) was considered: ORDINANCE NO. 85-35 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A CHURCH ON PROPERTY LOCATED AT 8340 VOTH ROAD. The ordinance was approved on a motion. made by Councilman Deshotel and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- Ordinance No. 85-36 amending the 1984-85 Budget by the reducing specifically National League of Cities at $10,500; Special Seminars at $7,000; U. S. Conference of Mayors at $1,500; National League of Cities Committees at $1,000; and Miscellaneous at $5,000 for a total of $27,000 and $50,000 in aid to other agencies - Economic Development Council was considered: ORDINANCE NO. 85-36 ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL PERIOD COMMENCING OCTOBER 1, 1984 BY REDUCING THE CITY COUNCIL'S BUDGET BY 427,000 AND THE AID TO OTHER AGENCIES BUDGET BY $50,000. The ordinance was approved on a motion made by Councilman Samuel and seconded by Councilman Brumley. Question: Ayes: All Nayes: -000- Resolution 85-93 adopting a Financial Plan to reflect the possible absorption of a $20.0 million extraordinary loss due to current problems with recovering investments was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question: Ayes: All Nayes: None -000- A resolution accepting the School Sidewalk Program as complete and authorizing final payment to Petro-Tex Construction Company in the amount of $6,725.85 (total revised contract - $131,489.92) was deferred one week on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question: Ayes: All Nayes: None -000- Resolution 85-94 authorizing Change Order #1 to the Engineer Service contract with Bob Shaw, Consulting Engineers for the Minglewood, 23rd Street'Ditch North, and 5th Street Drainage Projects to add an additional storm sewer system to the Minglewood Project for a total revised contract amount of $88,173 was approved on a motion made by Councilman Brumley and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- Ordinance No. 85-37 amending Section 18-8, discharging missiles was considered: ORDINANCE NO. 85-37 ENTITLED AN ORDINANCE AMENDING CHAPTER 18, SECTION 18-8 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT CONCERNING THE DISCHARGING OF MISSILES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Mayor Neild made a motion to deny the ordinance; motion died for lack of a second. The ordinance was approved on a motion made by Councilman Weisbach and seconded by Councilman Turner. Question: Ayes: Councilman Nayes: Mayor Neild Deshotel Councilman Turner Councilman Weisbach Councilman Brumley Councilman Samuel -000- Resolution 85-95 authorizing the employment of the following law firms: Shutts & Bowen of Miami, Florida; Sage, Gray, Todd & Sims of New York and Orgain, Bell & Tucker to representing the City of Beaumont in the E.S.M. matter was approved on a motion made by Councilman Turner and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Councilman Turner requested a Workshop discussion next week between the City of Beaumont and Jefferson County Tax Assessor/Collector and someone from the County Attorney's Office concerning collection of delinquent taxes due the City. -64- March 26, 1985 Mrs. Delia Harrington, 815 Willow Street, again addressed Council to complain about a Police Unit she witnessed parked with the engine running at the Uptown Courts while the driver talked with a friend for longer than she thought necessary. Mr. George M. Robinson, 3785 Perth Place, addressed Council to complain about raw sewage behind 3655 Audree and also requested increased police patrol for his area, especially during the hours of 7:30 a.m. to 2:00 p.m. , because of several recent burglaries. Mrs. Martha Royall, 945 Central, addressed Council to suggest two methods for the City to reduce budget. Mr. Glen Butler, 3522 Washington Boulevard, addressed Council to commend the City's "team efforts". Mr. Roberto Flores, 2425 Buchanan, addressed Council to speak on current City issues and asked that candidates seeking election to Council seats address issues specifically. -000- Mayor Neild called an Executive Session, pursuant to Section II of the Texas Open Meetings Act, to be held following the City Council Workshop Session. -000- There being no further business, the meeting was recessed before continuing 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 session held March 26, 1985. Myrtle Corgey City Clerk -65- March 26, 1985