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HomeMy WebLinkAboutMIN FEB 10 1976 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD FEBRUARY 10, 1976 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 10th day of February, 1976 , with the following present: HONORABLE: Ken Ritter Mayor Don Cash Councilman, Ward I Vi McGinnis Councilwoman, Ward II Calvin Williams Councilman, Ward III Leroy Evans Councilman, Ward IV Howard McDaniel Acting City Manager Kenneth Wall City Attorney -000- The Invocation was given by the Reverend Tom Long, First Church of God. The Pledge of Allegiance was led by Councilwoman McGinnis. -000- Mayor Ritter issued the following proclamations: "LULAC Week in Beaumont" - February 15-21, 1976 and Exchange Club' s "Golden Deeds Day in Beaumont" - (recipient of the Golden Deeds Award - Clifford H. LeBlanc, Sr. ) February 10, 1976. -000- The minutes of the regular City Council session held February 3 , 1976, were approved on a motion made by Councilwoman McGinnis and seconded by Councilman Cash. Question: Ayes: All Nayes: None -000- A motion authorizing the advertising for bids for furnishing 10, 000 ' of 6" and 4 , 000 ' of 8" asbestos cement pipe for the Water Department inventory was made by Councilman Evans; Councilman Williams seconded the motion. Question: Ayes : All Nayes: None -000- A motion authorizing the advertising for bids for furnishing equipment for microfilming and indexing of the Police Department' s central record files as required by the Criminal Justice Council for grant application was made by Councilman Williams and seconded by Councilman Evans. Question: Ayes: All Nayes: None -000- Resolution 76-47 authorizing the award of bids for furnishing one (1) swimming pool filtration system for the Parks Department (Alice Keith Pool) to Buddy Hamilton Pools, in the amount of $3 ,692. 60, this being the lowest and best bid received, was approved on a motion made by Councilman Cash and seconded by Councilman Evans. Question: Ayes : All Nayes: None -000- Resolution 76-48 authorizing the award of bids for furnishing an annual main- . tenance agreement on the closed circuit TV equipment in the Police Department to Coastal Electronics Company in the amount of $1,877 . 10 , this being the only bid received, was approved on a motion made by Councilman Cash and seconded by Councilman Williams. Question: Ayes: All Nayes: None -19- February 10, 1976 Ordinance 76-16 authorizing issuance of a specific use permit to Sam 0. Smith for the construction of a cluster housing development (Gladys and Major Drive area) was considered: ORDINANCE NO. 76-16 ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPE- CIFIC USE PERMIT FOR CLUSTER HOUSING DEVELOPMENT FOR A 13. 263 ACRE TRACT HEREIN DESCRIBED IN AC- CORDANCE WITH A PLAN OF DEVELOPMENT; PROVIDING FOR THE FILING OF A DECLARATION; AND PROVIDING THAT THE ISSUANCE OF SAID PERMIT IS CONDITIONED IN COMPLIANCE WITH PRIVATE DRIVE CONSTRUCTION SPECIFICATIONS. The ordinance was approved on a motion made by Councilwoman McGinnis and secon- ded by Councilman Evans. Question: Ayes : All Nayes: None -000- Ordinance 76-17 authorizing the abandonment of a 5-foot street light easement in Lots 3 and 4 , Block 6 , Manion Oaks Subdivision, Section 5, was considered: ORDINANCE NO. 76-17 ENTITLED AN ORDINANCE VACATING AND ABANDON- ING A FIVE FOOT (51 ) STREET LIGHT EASEMENT IN LOTS 3 AND 4 , BLOCK 6 , MANION OAKS SUB- DIVISION, SECTION 5, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AS DESCRIBED HEREIN, AND ACCEPTANCE OF A NEW EASEMENT IN LIEU THEREOF. The ordinance was approved on a motion made by Councilman Cash and seconded by Councilwoman McGinnis. Question: Ayes : All Nayes : None -000- Ordinance 76-18 authorizing the abandonment of a 20 ' X 300 ' alley located within Block 54 of the Cartwright Addition, between the 2400 Blocks of Cart- wright and Roberts Streets and providing a general utility easement be retained was considered: ORDINANCE NO. 76-18 ENTITLED AN ORDINANCE VACATING AND ABANDONING A -TWENTY FOOT (201 ) BY THREE HUNDRED FOOT (3001 ) ALLEY EASEMENT, PROVIDING THAT A GENERAL UTILITY EASEMENT IS RETAINED, IN THE CARTWRIGHT ADDITION IN BEAUMONT, JEFFERSON COUNTY, TEXAS, AS DE- SCRIBED HEREIN. The ordinance was approved on a motion made by Councilman Williams and secon- ded by Councilwoman McGinnis. Question: Ayes: All Nayes: None -000- Ordinance 76-19 authorizing changing the zoning classification from R-1 (Sin- gle Family Dwelling) to R-2 (Two Family and Multiple Dwelling) of one tract of land totalling approximately 4 . 98 acres out of the Hezekiah, Williams Sur- vey, Abstract 56, was considered: -20- February 10, 1976 ORDINANCE NO. 76-19 ENTITLED AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZON- ING DISTRICTS AS INDICATED UPON THE ZONING MAP OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, BY CHANGING A 4 . 98 ACRE TRACT OF LAND OUT OF THE HEZEKIAH WILLIAMS SURVEY, ABSTRACT 56, BEAUMONT, JEFFERSON COUNTY, TEXAS, ,AS HEREINAFTER DESCRIBED, PRESENTLY ZONED "R-1" , TO "R-211 ; PROVIDING FOR SEVERABILITY; AND PRO- VIDING A PENALTY. The ordinance was approved on a motion made by Councilwoman McGinnis and secon- ded by Councilman Cash. Question: Ayes : All Nayes: None -000- Ordinance 76-20 vacating a 0. 424 acre portion of Prutzman Road right-of-way, authorizing the City Manager to execute a deed, without warranty, to Jefferson Management, Inc. , Trustee, for a 0. 297 acre tract (including a portion so aban- doned) in consideration for $1,500. , its appraised value, plus the conveyance to the City of a 0. 002 acre tract of land, and retaining an easement across the entire 0. 424 acre tract so vacated, and also the land so conveyed, was con- sidered: ORDINANCE NO. 76-20 ENTITLED AN ORDINANCE VACATING, CLOSING AND ABAN- DONING A 0. 424 ACRE PORTION OF PRUTZMAN ROAD RIGHT- OF-WAY, EXPRESSLY RETAINING SAID 0 . 424 ACRE TRACT AS A GENERAL UTILITY EASEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED, WITHOUT WARRANTY, FOR AND IN BEHALF OF THE CITY OF BEAUMONT, CONVEYING A 0 . 297 ACRE TRACT TO THE ABUTTING OWNER, JEFFERSON MANAGE- MENT, INC . FOR $1,500 AND THE CONVEYANCE OF A 0. 002 ACRE TRACT FROM LANCASTER HOUSE APARTMENTS, SAID CONVEYANCE BEING HEREIN ACCEPTED; AND SUSPENDING SUBSECTION 42-5 (7) , TO THE EXTENT IT MAY BE IN CON- FLICT HEREWITH, UNTIL THE PASSAGE OF THIS ORDINANCE BECOMES EFFECTIVE. The ordinance was approved on a motion made by Councilman Evans and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes: None -000- Resolution 76-49 authorizing the repair of police car #10-1044 , at a cost of $1,247 . 68, was approved on a motion made by Councilman Cash and seconded by Councilman Evans. Question: Ayes: All Nayes: None -000- Resolution 76-50 authorizing the City Manager to apply for the Barricading Im- provement Grant (grant amount $12,500 . 00) was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question: Ayes: All Nayes : None -000- Resolution 76-51 authorizing the City Manager to execute a contract with Pin- nell, Anderson, Wilshire and Associates, Inc. for the production of the School Trip Safety Program was approved on a motion made by Councilwoman McGinnis and ` seconded by Councilman Cash. (Governor' s Office of Traffic Safety grant) Question: Ayes: All Nayes: None -21- February 10, 1976 Resolution 76-52 authorizing the final payment to Wilbur Smith and Associates for the Traffic and Pedestrian Safety Study (final payment $107,130. 00) was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question: Ayes : All Nayes : None -000- Resolution 76-53 authorizing payment in the amount of $12,290. 69 to the South East Texas Regional Planning Commission for 1976 Membership Dues was approved on a motion made by Councilman Cash and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes: None -000- Resolution 76-54 authorizing an amendment to the contract with the Beaumont Tax Collection Agency, reducing the staff by six employees, was approved on a motion made by Councilman Williams and seconded by Councilman Cash. Question: Ayes: All Nayes : None -000- (BEGINNING VERBATIM EXCERPT) City Manager: One of the requirements of the Urban Mass Transit Administration is that a public hearing be held any time we apply for transit operating expenses and for the fiscal year 75-76, we are looking for reimbursement in the amount of $204 ,138 . 00. So, in accordance with the requirements of the Urban Mass Transit Authority, we would like to ask, Mayor, that . . . that you open a public hearing at this time and if any citizens have any remarks regarding the City' s appli- cation for these operating subsidies we would like to hear them at this time. Mayor Ritter: We, at this time, declare a public hearing on the City' s application to Mass Transit and be happy to recognize or hear any citizen that'd like to ad- dress the Council, only asking that you give your name and address for the purpose of our record. Ms. Glenda Embree: . . . Is this on? City Manager: I think . . . tap it . . . yes, it' s on. Ms. Embree: I 'm Glenda Embree and I 'm with Goodwill Industries. I have one ques- tion about this transportation grant application. My question is, are there any requirements in the grant procedure about the transportation system being ,accessible to individuals in wheel chairs? ,City Manager: When you . . . when you say accessible, do you mean so far as there being a bus stop located . . . Ms. Embree: I mean would a . . . City Manager: . . . or equipment . . . -22- February 10, 1976 Ms. Embree: . . . wheel chair fit inside the bus? Would it be the driver ' s or the person' s responsibility to get up the stairs and down? City Manager: No, there are no requirements by the Urban Mass Transit Authority that the City provide this type of mechanism to accomodate wheel chair persons. Ms. Embree: Are there any facilities available with the City at all that would do this, other than through E.O.C. ? City Manager: No, there is not under the authority of the City of Beaumont. I under- stand that the E.O.C. and perhaps one other organization may have been attempt- ing to get funding to provide buses for door-to-door service. Ms. Embree: Thank you. Mayor Ritter: Anyone else? Then, if not . . . Councilman Cash: Mayor, I have a comment. I certainly am not going to vote against tak- ing this money but, overall, I am against federal subsidy of a program of this nature. I think basically what it is doing is subsidizing the people that are employing those who need the transportation and that if a person isn't in a position to afford this then it should be handled through welfare programs and things of this nature, instead of making it a cover-all program. Mayor Ritter: . . . or Eddie might like to comment on our operating deficit and what he projected . . . what he projects for the rest of the year . . . City Manager: Ed, would you come forward and speak to that, please. Mayor Ritter: . . . and also what our level of ridership has been with the new equipment and what your projection is in that area. Eddie Whitnell, Director of Traffic and Transportation: Under Section 5 funding of the UMTA Act of 1964 as amended, which is the Act we are applying for funding under, we will be requesting as reflected on the Agenda, $204 ,138 . 00, which represents approximately one-half of our projected operating deficit for this year - the year ending September 30, 1976 . This program was funded for six years, we are in the second funding year of the six. We look forward to someone ' s help to pay the bills other than the citizens of Beaumont for four more years. After that time, the concerns that Don spoke to will become very real. There are two sides to Don' s question and I have discussed it with him and this is a real concern to a lot of cities. This is just like the same question of Revenue Sharing which all of the Coun- cil has addressed comments to. You get accustomed to this funding level. Our request last year, which we have not received the funds for at this point in time, was $104 , 649 . 00. So, federal funding is up about $100, 000 in this year ' s -23- February 10, 1976 Mr. Whitnell continued: request. The ridership on the new system that we initiated the 26th of Jan- uary with our new buses and improved routes to the north, west and south parts of town, it appears last week, the second week of operation, we are still hold- ing about a 10 to 15% increase in ridership. That' s all the comments I have, unless Council has anything further. Mayor Ritter : Eddie, how is that related to numbers of riders? Mr. Whitnell : Ranging about 4 ,100 - 4 ,200 per day not counting transfers. There are about 1, 000+ transfers a day. We are nearing about 5, 000 - 5,200 persons a day. That' s up considerable. Our revenue is up a higher percent than our ridership. There is a change in our mix of transfers to ridership. 'Thus far, it looks real good. There are a lot of changes that will be coming up, proba- bly in the next six months -- minor adjustments to the system but all in all we are very pleased with the operation thus far. Councilman Evans : . Eddie, do you feel like that . . . of course, I know that we may never break even, but, do you feel like probably with fuel shortages and probably with more people riding the bus, the newer buses, and better routing that the committee will be working on from time to time, do you think there' s ever a good chance that our system, transit system, might break even or Mr. Whitnell : No, sir. I don' t think so. There is going to have to be, in my opinion, a very drastic change in the total urban planning concept, total urban . . . or southwest will have to change before you have densities and confineness of a tight area to . . . a transit. I think there is a lot of things in our system that could be improved over time. We don' t do much charter service now. We've shown an increase with a relatively minor change in our system as comparatively speaking. We've extended two routes and kind of looped around with a route, but, if we identify our needs and ridership better in our urban area, I think we can serve better in the same way. I think we will at least not increase it as fast as we have been increasing. We will be serving more people and that is what we are trying to do, serve more people per mile travelled. When we do that, we will have more coming in. Councilman Evans : I ' ll quit asking you questions, you don' t give the kind of answers I want to hear . . . but . . . Councilwoman McGinnis: Ask the right questions . . . Councilman Evans : Do you think that this coming year with the new buses, you think that we will cut the debt? Do you think they' ll come closer to . . . that they have or do you think it will be more? Mr. Whitnell : If the ridership we have picked up thus far will hold through the dura- tion of this year, we will have a deficit less than we have projected. I did not project any ridership increases as you know in our deficit loss. -24- February 10 , 1976 Mayor Ritter: Eddie, there' s not any systems really anywhere operating that are oper- ating breaking even _ . Atlanta, even Metropolitan areas that' s had different forms of transits for years, Mr. Whitnell : There are a few smaller cities with smaller systems that pay for them- selves. I don' t believe one . . . I think four systems in Santonio. I believe one or two of them serve a very limited geographic area which the industry calls the cream of the crop but they don' t have any of the bad routes. They have only the good routes. They make a profit - in fact, they are still pri- vate. But, even Dallas which has a very massive system, their farebox pays for about two-thirds of their operating costs. Mayor Ritter: Well, Eddie, we appreciate the fine job you and your department has done with the new equipment . . . Mr. Whitnell: Thank you. Mayor Ritter: . . . and improved routes. Anyone else? And, if . . . Mr. Attorney, do we need anything else? Mr. Kenneth Wall , City Attorney: No. Mayor Ritter: We declare this part of the Public Hearing closed. (End of Verbatim Excerpt. ) -000- A Benefit Hearing on the Home Addition Assessment Paving Project #7 was held. (portion of this meeting verbatim) City Manager: The next item will be the Benefit Hearing on the Home Addition Assess- ment Paving Project. Mayor, we ask that you call . . . Mayor Ritter: We declare the Benefit Hearing open for this Assessment Paving Project V. At this time, I will call on Public Works Director, Mr. Earl Deland. He will ,make a presentation of this project at this time. Earl Deland: Thank you, Mayor. In August of 1974 , the majority of the residents in the Home Addition submitted a petition to the City requesting an Assessment Paving project on Nathan Street, Audrey Street, Robinson, Bowen, Karlett, Lig- gitt and Perth Place in the Home Addition. We were authorized to proceed with this project by the Council in July of 1975. We have received the bids and have awarded a contract for this project. The improvements consist of 6 inch thick reinforced concrete pavement with curbs and underground storm sewer drainage. This does meet the City' s street standards for new construction and at this time I believe we will call on Lane Nichols from the Attorney' s office relative to the notice, -25- February 10, 1976 Lane Nichols, Asst. City Attorney: In reference to this meeting, the notice has been properly given and the advertisement of this meeting was done. I have examined the contract for the improvements themselves and the notice to bidders was properly published for the proper length of time. The bonds of insurance are adequate. The con- tract was properly executed. Mayor Ritter: Call on Mr. C. E. Dedman of the City' s Tax Appraisal Office. Mr. Dedman: I have made an inspection and study of the Home Addition Assessment Paving Project #7 to determine if any of the assessments would exceed the en- hancement of these properties. I can find no such case. (end of verbatim) Mr. George Robinson, 3187 Texas, addressed Council to request additional Fire hydrants on Perth Place. Mrs. Bobbie Granger, 3760 Robinson asked Council that Liggitt Street be com- pleted. Mr. Deland said he could not recommend completion of the one block to the drainage ditch at an approximate cost of $10, 000 because it would serve one home only and would not serve as a public street, Mr. John Rienstra, Sr. , Attorney (707 San Jacinto Building) representing Her- bert Robinson, addressed Council to object to the assessment of Mr. Robinson' s six lots facing on Nathan Street saying that the assessment exceeds the en- hancement of his property. Mr. Herbert Robinson, 5920 Helbig Road, addressed Council in Opposition to the Home Addition Assessment Paving' Pro3ect. Ordinance 76-21 closing the benefit hearing and fixing a lien for the amount of the assessment for Home Addition Assessment Paving Project #7 was considered: ORDINANCE NO. 76-21 ENTITLED AN ORDINANCE CLOSING THE HEARING GIVEN TO THE APPARENT ABUTTING PROPERTY OWNERS ON NATHAN, AUDREE, ROBINSON, BOWEN, KARLETTE, LIGGITT & PERTH PLACE THROUGH BLOCKS 1-11 OF THE HOME 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 PROTESTS 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 AS- SESSMENTS AGAINST THE SAME; FINDING THE REGULARITY OF ALL PROCEEDINGS, AND THE PERFORMANCE OF ALL PREREQUISITES TO FIXING THE ASSESSMENT 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 IMPROVEMENTS WITHIN THE LIMITS DESCRIBED; PROVIDING FOR THE ISSUANCE OF ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR COLLECTION; AND PROVIDING FOR SEVERABILITY. -26- February 10, 1976 The ordinance was apprcved on a motion made by Councilman Williams and seconded by Councilman Evans. Question: Ayes: All Nayes: None -000- Mr. L. A. Duffee, District Manager for Entex, addressed Council at Council' s request, to explain the recent increase in rates for natural gas. He told Council the increase resulted from the twice-a-year flow-through increase from the gas producing company allowed by the Texas Railroad Commission and the fact that this has been the coldest winter in six years, except for 1972-73 ice and snows. In answer to questions by Council, Mr. Duffee told Council that practicing con- servation of natural gas at home and the deregulation of natural gas prices are ways to combat the rising gas bills. Mr. L. P. Kinnear, 2395 Park, addressed Mr. Duffee and Council, strongly ob- jecting to his gas bill increases. Mrs. Delia Harrington, 815 Willow, questioned the procedure by Entex for check- ing gas meters for accuracy. Mr. Enos Charles, 3810 Bowen Drive, questioned his increased gas bill. Council thanked Mr. Duffee for his time and explanations. -000- Mr. L. J. Savoie, 390 S. Parkway, addressed Council to complain about his in- creased electrical bill. -000- There being no further business, the meeting was recessed before continuing with the Council Workshop Session. -000- 2, Rosemarie Chiappetta, Deputy City Clerk of the City of Beaumont, Texas, cer- tify that the above is a true copy of the City Council session held February 10, 1976. Rosemarie Chiappetta Deputy City Clerk -27- February 10, 1976