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MIN JUL 16 1985 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JULY 16, 1985 - 1:15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 16th day of July, 1985, with the following present: HONORABLE: William E. Neild Mayor Joseph D. Deshotel 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 Absent: G. Wayne Turner Councilman At Large Hugh Earnest Asst. City Manager Tyrone Cooper Asst. City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by Mr. John Davis, Ridgewood Church of Christ. The Pledge of Allegiance was led by Mayor Neild. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held July 9, 1985; Resolution 85-211 reappointing Dale Kelly to the Airport Advisory Committee, term to expire May 31, 1987; Resolution 85-212 approving the release of $150,000.00 in securities by MBank - Beaumont; Resolution 85-213 authorizing an annual contract for the purchase of PVC conduit and accessories from The Marque Corporation, Spindletop Electric, Nunn Electric, G. E. Supply and All Phase Electric; and Resolution 85-214 authorizing acceptance of water, sanitary sewer and storm sewer improvements constructed in Lot 1 (10 units) and Lot 2 (12 units) in Briar Creek Townhomes II Addition for City maintenance. The Consent Agenda was approved on a motion made by Councilman Brumley and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -155- July 16, 1985 An ordinance changing the zoning to PUD (Planned Unit Development) from RS (Residential Single-Family) and approval of a General Plan for the Planned Unit Development on property at 5975 Calder (requested by Mark Whiteley) was considered: AN ORDINANCE 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 CHANGING THE ZONING FROM RS (RESIDENTIAL SINGLE FAMILY DISTRICT) TO PUD (PLANNED UNIT DEVELOPMENT DISTRICT) FOR PROPERTY LOCATED AT 5975 CALDER, BEAUMONT, TEXAS; PROVID- ING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. and An ordinance granting a Specific Use Permit for a "Residential Retirement Community" on property at 5975 Calder was considered: AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A RESIDENTIAL RETIREMENT COMMUNITY ON PROPERTY LOCATED AT 5975 CALDER. The ordinances were denied on a motion made by Councilman Brumley and seconded by Councilman Weisbach. Question: Ayes: Councilman Abstained: Mayor Neild Deshotel Councilman Weisbach Councilman Brumley Councilman Samuel Councilman Moore -000- Public Hearing was held to consider annexation of two tracts of property totalling 328.4 acre tract located 1160 feet east of southern terminus of Lafin Road. The hearing was opened for public comment. No citizens wished to address the Council; the hearing was closed. -156- July 16, 1985 Public Hearing was held to consider issuance of a taxicab license to Lonnie D. Flanagan, Jr. The hearing was opened for public comment. No citizens wished to address the Council; the hearing was closed. Resolution 85-215 authorizing issuance of a license to operate a taxicab service within the corporate limits of the City of Beaumont to Lonnie D. Flanagan, Jr. , was approved on a motion made by Councilman Deshotel and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution 85-216 authorizing annual contracts, including an option to renew for an additional year, for the purchase of regular and unleaded gasoline and diesel from Martin Matthews, Beaumont (regular gasoline, transport load, at $0.899 per gallon with fixed price spread at $0.0926 per gallon and unleaded gasoline, transport load, at $0.944 per gallon with fixed price spread at $0.0930 per gallon), Texaxo, Inc. , Port Arthur (diesel, transport load, at $0.803 per gallon with fixed price spread at $0.0784 per gallon) and Sitton Oil Company, Beaumont (regular gasoline, tankwagon load, at $0.9270 per gallon with fixed price spread at $0.1206 per gallon; unleaded gasoline, tankwagon load, at $.9670 per gallon with fixed price spread at $0.1160 per gallon and diesel, tankwagon load, at $0.8295 per gallon with fixed price spread at $0.1049 per gallon was approved on a motion made by Councilman Moore and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Resolution 85-217 authorizing the demolition and removal of sixteen dangerous structures and accepting the bids of Lyons Construction for structures located at 1855 Nora at $815.00, 1855 Nora (rear) at $165.00, 3760 Usan at $767.00 and 2389 Washington at $826.00 for a total of $2,573.00; LaFayette Spivey, Jr. for 1260 Gladys at $400.00, 1210 Oakland at $250.00, 265 E. Plum at $350.00 and 235 E. Simmons at $400.00 for a total of $1,400.00; Manuel's Tree Service for 835 Lee and rear shed at $1,250.00, 1539 Port at $1,200.00, 760 Powell at $400.00, 745 Schwarner at $600.00 and 675 Stanton at $900.00 for a total of $4,350.00; and Lombardo's Tree Service for 11420 Pine Haven at $1,150.00, 2965 Renaud at $550.00 and 2975 Renaud at $795.00 for a total of $2,495.00 was approved on a motion made by Councilman Moore and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- Resolution 85-218 authorizing the Legal Department to begin eminent domain proceedings against the owners of Parcels 223 (Mr. and Mrs. G. L. Harris rejected State's approved offer of $4,500.00) and 226 (V. W. Shelander at $27,222.00) for the Spur 380/M. L. King Parkway right-of-way and authorizing purchase of improvements on Parcel 226 (walk-in coolers located on the property) from Mike Perkins at $15,778.00 was approved on a motion made by Councilman Samuel and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -157- July 16, 1985 Councilman Deshotel stated he still supports the Council's position in adopting an ordinance changing the name of State Highway Spur 380 to Dr. Martin Luther King, Jr. Parkway; but, because the petition to repeal Ordinance No. 85-66 renaming Spur 380 and to adopt an ordinance changing the name of College Street to Martin Luther King, Jr. , Boulevard was certified as sufficient, he requested a special session of Council be held Friday to place the issue on the ballot for the election to be held August 10, 1985. Councilman Moore stated his support of the designation of Spur 380 and agreed with Councilman Deshotel concerning placing the issue on the ballot for the August 10th election and requested staff prepare monthly status reports for the Spur 380 project showing acquisition of property, letting of conracts, etc. Councilman Samuel said he would be in favor of calling the special meeting to place the issue on the ballot. Councilman Brumley said he would be unable tomeet Friday and further said he would be in favor of placing the item on a regular agenda as provided in the Charter. -000- Councilman Deshotel questioned if present negotiations with commercial garbage/trash haulers as an alternative to a City Sanitation Department included all the present haulers. -000- Mayor Neild called an Executive Session, pursuant to Section II of the Texas Open Meetings Act, to be held immediately following the Workshop Session to consider pending litigation and personnel matters. -000- Mr. Lindsey Walker, 2537 Calder, addressed Council to urge that the Martin Luther King, Jr. , Parkway issue be placed on the ballot for August 10th. Mr. Paul Brown, 4370 Cartwright, addressed Council to request that the Martin Luther King, Jr. , Parkway issue be placed on the ballot for the August 10th election. Mr. Herman Davis, 790 Amarillo, addressed Council to urge more concentrated attention be given to neighborhoods, especially in areas of street lighting, sidewalks and better drainage. Mrs. Marie Hubbard, 1990 Nora, addressed Council to express her support for the Council's decision to rename Spur 380 toDr. Martin Luther King, Jr. , Parkway, to request help in getting relief for high utility rates and Council support to the Beaumont Independent School Board for Beaumont Charlton Pollard High School to remain as a high school. Mr. Herb Oswald, 1234 Avenue B, addressed Council in support of granting tax abatement for the downtown hotel and also to request that the City keep the Sanitation Department as it is and not contract out those services. -158- July 16,. 1985 The Reverend Albert Haynes, 2620 burgundy Place, addressed Council to express his displeasure at the naming of Spur 380 to Dr. Martin Luther King, Jr. , Parkway. Mr. Bubba Cousou, 400 Yorktown, and Mr. James Dabney, 40 Ruth, addressed Council to express the need for city-wide unity and requested that the Martin Luther King, Jr. , issue be plassed on the August 10th ballot. -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 July 16, 1985. Myrtle Corgey City Clerk -159- July 16. 1985