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Home My WebLink AboutMIN MAY 23 1978 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MAY 23 , 1978 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas , met in regular session this the 23rd day of May, 1978 , with the following pre- sent : HONORABLE : Maurice Meyers Mayor Tom Combs, Jr. Councilman, Ward I Vi McGinnis Councilwoman, Ward II Calvin Williams Councilman, Ward III Leroy Evans Councilman, Ward IV Ray Riley City Manager Kenneth Wall City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Reverend Lonnie C. Treadway, New Life Tabernacle. The Pledge of Allegiance was led by Councilman Evans . -000- The Minutes of the regular City Council session held May 16, 1978 , were approved on a motion made by Councilwoman McGinnis and seconded by Coun- cilman Combs. Question : Ayes: All Naves : None -000- Mayor Meyers issued the following proclamations : "Goodwill Week in Beau- mont" - May 22-28, 1978 ; VFW "Buddy Poppies Days in Beaumont" - May 26 & 27 , 1978; and "Museum Day in Beaumont" - May 23, 1978 . -000- Resolution 78-179 approving the plans and specifications for the Riverfront Boulevard CAP Project (Main Street) ; authorizing the advertising for bids for the construction project ; authorizing advertising for bids for the traffic signalization equipment needed; and authorizing the City to execute an agreement to participate with Gulf States Utilities Company for street light improvements was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans . Question : Ayes : All Nayes : None -000- Resolution 78-180 authorizing the award of bid to Sico, Inc. for furnishing )rtable folding stage and accesories for the Civic Center at a cost of , 081 . 53 was approved on a motion made by Councilman Williams and seconded by Councilman Combs. ( c �0ri Ayes : All Nayes : None -000- �tesc_Ylution 78-181 authorizing the award of bid to Streeter-Amet Division for furnishing two (2) traffic counters at a cost of $1 , 520. 00 for the Trad'fic and Transportation Department was approved on a motion made by CouLl, ilwoman McGinnis and seconded by Councilman Evans . Question : Ayes : All Nayes : None -000- May 23 , 1978 Resolution 78-182 authorizing the award of bids to Goodyear Tire & Rubber Company and Jack' s Tire Service (Uniroyal) for furnishing a contract for small highway truck tires, heavy service highway truck tires, off-the-road tires, farm, tractor and implement tires and retreading and section re- pairing for the period commencing May 23 , 1978 and ending September 5, 1978 was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Williams. Question : Ayes : All Nayes : None -000- Resolution 78-183 rejecting bids received for one (1) thermovar microscope for the Regional Cr-me Laboratory was approved on a motion made by Council- man Combs and seconded by Councilman Evans. Question : Ayes : All Nayes : None -000- An ordinance providing for a specific use permit to operate day care cen- ters in R-1 Zones was considered : AN ORDINANCE ENTITLED AN ORDINANCE AMENDING SECTION 42-20.6 OF THE BEAUMONT CODE OF ORDINANCES; ESTABLISHING A SPECIFIC USE PERMIT FOR CERTAIN DAY CARE CENTERS; PROVIDING MINIMUM STANDARDS FOR SUCH DAY CARE CENTERS; PROVIDING FOR REVOCATION OF SUCH PERMIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilman Combs made a motion to approve. The motion died for lack of second. -000- Resolution 78-184 authorizing release from a pledged status $1 ,000, 000 in U. S. Treasury Notes by American National Bank (total pledged $48,447 ,000) was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Williams. Question : Ayes : All Nayes : None -000- Resolution 78-185 authorizing final payment in the amount of $14,673 to American Desk Manufacturing Company for installation of 2, 190 seats at Fair Park Coliseum (73-74-021) was approved on a motion made by Council- woman McGinnis and seconded by Councilman Combs . Question: Ayes : All Nayes : None -000- Re�olution 78-186 authorizing application to HUD for designation of CDBG program area 20e (Fletcher Neighborhood Improvement Unit) as a Neighbor- huoe Strategy Area was approved on a motion made by Councilman Evans and seconded by Councilman Combs . Question : Ayes : All Nayes : None -000- Resolution 78-187 authorizing the title work by Security Title Company and appraisal by American Real Estate of additional right-of-way parcels for the West Virginia Street Paving Project (cost not to exceed $2, 500) was approved on a motion made by Councilman Williams and seconded by Councilwoman McGinnis. Question : Ayes : All Nayes : None May 23, 1978 Resolution 78-188 accepting third-year funding in the amount of $72, 125 for the Regional Crime Lab from the Governor 's Office, Criminal Justice Divi- sion was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans . (LEAA grant ) Question : Ayes : All Nayes : None -000- Resolution 78-189 authorizing acceptance for City maintenance the water, sewer and street improvements in Evangeline West , Unit I , Block 1 , Lots 1-30 (Evangeline Lane and Evangeline West ) was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question : Ayes : All Nayes : None -000- The first reading of an ordinance granting the Atchison, Topeka and Santa Fe Railway Company a renewal franchise for Track No. 91 in Blanchette Street between Neches and Park Streets was held : AN ORDINANCE AN ORDINANCE GRANTING TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, ITS SUCCESSORS, ASSIGNS AND LESSEES , THE RIGHT AND PRIVILEGE TO MAINTAIN AND OPERATE AN INDUSTRY TRACK FROM A POINT IN BLANCHETTE STREET SOUTHEASTERLY OF BLOCK 69, OF THE OLD TOWN OF BEAUMONT CONNECTING WITH THE PARALLEL TO THE MAIN TRACK OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY NOW CONSTRUCTED IN SAID STREET AND RUNNING DOWN SAID BLANCHETTE STREET TO A POINT OPPOSITE LOT NO. 357 IN SAID BLOCK IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, IN ACCORD WITH EXHIBIT ATTACHED HERETO: PROVIDING REGULATIONS AND RETRICTIONS FOR THE USE OF SAID TRACK; PROVIDING THAT SUCH MAINTENANCE AND OPERATION BE IN ACCORDANCE WITH THE CHARTER AIM ORDINANCES OF THE CITY AND THAT CERTAIN MAINTENANCE WORK SHALL BE DONE AT THE DIRECTION OF THE CITY ENGINEER; PROVIDING FOR THE ACCEPTANCE AND FEE HEREUNDER; PROVIDING THAT THIS FRANCHISE IS SUBJECT TO THE CHARTER AND ORDINANCES OF THE CITY OF BEAUMONT AND PROVIDING FOR TERMINATION AND FAILURE TO USE THE TRACK FRANCHISED HEREUNDER; PROVIDING FOR TERMINATION OF THIS FRANCHISE ON JUNE 14, 1979 AND THE RESTORATION OF SAID STREETS WITHIN NINETY (90) DAYS THEREAFTER; AND PROVIDING FOR IN- DEMNIFICATION OF THE CITY OF BEAUMONT. The ordinance was passed to its second reading on a motion made by Council- woman McGinnis and seconded by Councilman Evans. Question : Ayes : Mayor Meyers Nayes : Councilman Councilman Combs Williams Councilwoman McGinnis Councilman Evans -000- The third and final reading of Ordinance No . 78-58 granting the Atchison, Topeka and Santa Fe Railway Company a renewal franchise for Track No. 87 which crosses Franklin Street between Trinity and Archie Streets was held : ORDINANCE NO. 78-58 AN ORDINANCE GRANTING TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, ITS SUCCESSORS, ASSIGNS AND LESSEES, THE RIGHT AND PRIVILEGE TO MAINTAIN AND OPERATE AN INDUSTRY SPUR TRACK NO. 87 CROSSING FRANKLIN STREET BETWEEN TRINITY STREET AND ARCHIE AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, IN ACCORD WITH EXHIBIT ATTACHED HERETO; PRO- VIDING THAT SAID TRACK SHALL BE USED ONLY FOR THE PURPOSE OF LOADING, UNLOADING AND SWITCHING TO INDUSTRIAL TRACK SERVING COMMERCIAL ENTERPRISE; PROVIDING REGULATIONS AND RESTRICTIONS FOR THE USE OF SAID SPUR TRACK; PROVIDING THAT May 23, 1978 SUCH MAINTENANCE AND OPERATION BE IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY AND THAT CERTAIN MAIN- TENANCE WORK SHALL BE DONE AT THE DIRECTION OF THE CITY ENGINEER; PROVIDING FOR THE ACCEPTANCE AND FEE HEREUNDER; PROVIDING THAT THIS FRANCHISE IS SUBJECT TO THE CHARTER AND ORDINANCES OF THE CITY OF BEAUMONT AND PROVIDING FOR TERMINATION FOR FAILURE TO USE THE TRACK FRANCHISED HERE- UNDER; PROVIDING FOR TERMINATION OF THIS FRANCHISE ON FEBRUARY 24, 1983 AND THE RESTORATION OF SAID STREET WITHIN NINETY (90) DAYS THEREAFTER; AND PROVIDING FOR INDEMNIFICA- TION OF THE CITY OF BEAUMONT. The ordinance was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Combs . Question: Ayes : Mayor Meyers Nayes : Councilman Councilman Combs Williams Councilwoman McGinnis Councilman Evans -000- A resolution appointing members to the Community Development Block Grant Advisory Committee for specific terms was held for action . -000- Mr. L. M. Coy, Coy' s Day School , 1537 W. Lucas, addressed Council to ask is the day care center issue would be discussed further. He was told the only potential discussion would be the period of time allowed for relocation, etc. Mr. Joseph A. Marshall , 5625 Frost , addressed Council to express his concern for effective follow-up work by the Police Department to recover items lost during burglaries . Mrs. Patty Kruszewski , 980 Wisteria, and Mrs. Christine Britt , 7130 Scotts, addressed Council to present a copy of a proposed ordinance prohibiting smoking in public areas . Mr . Jesse Fillingame, 3550 Sleepy Lane, addressed Council in favor of passing an anti-smoking ordinance. Reverend Simmie Taylor, 2240 Magnolia, offered the facilities of Magnolia Avenue Baptist Church to the day care operators needing new locations. Reverend Walter Batyski , 910 Palermo, pastor of Florida Avenue Baptist Church, presented a petition for rezoning a tract of land at South Irving and West Florida back to R-1 from LR-1 . He said the neighbors object to a car wash being constructed at this location. There being no further business, the meeting was recessed before continu- ing with the Dilapidated Structures Hearing: DILAPIDATED STRUCTURES HEARING THOSE present for the Dilapidated Structures Hearing were: Tom Combs, Jr. Councilman, Ward I Vi McGinnis Mayor Pro Tem Councilwoman, Ward II Calvin Williams Councilman, Ward III Leroy Evans Councilman, Ward IV Ray Riley City Manager Lane Nichols Asst . City Attorney Leonard Hardy Dir. Environmental Control Division -000- May 23 , 1978 2455 HEMLOCK STREET (GARAGE) : In answer to questions by Mr. Nichols, Mr. Hardy stated that this structure does meet the definition of dangerous structure and has 13 violations against the dangerous structures ordinance. Mr. Hardy recommended the structure be condemned. Mrs. Charlotte Pippillion, owner of the garage, addressed Council to request that an extension of time be granted so that the garage can be rehabilitated. Councilman Combs made a motion to condemn the structure and grant 90 days extension to repair the garage; Councilwoman McGinnis seconded the motion. Question: Ayes : All Nayes : None -000- 3630 ST. JAMES BLVD. : In answer to questions by Mr. Nichols, Mr. Hardy stated that this structure does meet the definition of dangerous structure according to the ordinance and has 23 violations. He told Council the rear of the structure is in violation of the ordinance but the front of the structure does not meet the criteria of dangerous structure. Mr. Forward, owner of the structure, told Council that he uses the structure to store automobile parts for his auto salvage business . Questions were asked concerning the zone of the area and whether such a business could be allowed. It was decided that action would be tabled until questions were answered for this structure. Affidavit of remaining structures was considered : AFFIDAVIT "THE STATE OF TEXAS 0 COUNTY OF JEFFERSON 0 BEFORE ME, the undersigned authority, on this day personally appeared LEONARD C. HARDY, Director of Housing & Environmental Control Division of the City of Beaumont , Texas, who, being by me duly sworn, states the follow- ing: THAT I have personally inspected each of the following listed structures and find each of the same to be "dangerous structures"' as defined by Section 12A-19 of the Code of Ordinances : 2260 AVE. B (68-185-00) , Lots 27 to 30, Block 2, `Pest Ogden Addition, 2545 BUCHANAN STREET (56-019-00) , Lot 2, Block 123 , Pinecrest Addition, *1240 BUFORD STREET (70-433-00) , Plat G, Tract 55, D. Brown Survey, 4270 CHAISON STREET (22-260-00) , Lot 10, Block 30, W. W. Chaison Addition- COLLEGE STREET (23-053-00) , Lot 19 & 77/100 Ac . , College Acres, 2155 CORLEY STREET (16-407-00) , Lot 3, Block 43, Cartwright Addition, 2940 CORLEY STREET (28-425-00) , W/75 x 110' of Lot 1 , Block 1 , Fourth Street Acres, 1020 ELGIE STREET (REAR GARAGE APT. ) (21-110-00) , Lot 7, Block 28, Jeff Chaison Addi- tion, 1014 EVALON AVE. (20-329-00) , Lots 13 to 15, Block 18, Chaison Addi- tion, 460 FLOWERS STREET (71-046-00) , Plat K, Tract 16, D. Brown Survey, 165 SO 4TH STREET (FRONT) , 165 SO. 4TH STREET (REAR) (71-506-00) , Plat A-15, T.'act 19 out of T-5, N. Tevis Survey, *725 FULTON STREET (GARAGE) (02-444-00), Logy 22, Block 36, Arlington Addition, *1440 FULTON STREET (GARAGE) (51-322-00) Lot 9, Block 22, Oakwood Addition, 1445 HERRING STREET (47-267-00) , Lot 16 & S/l of Lot 17, Block 8, Neches River Park, 579 IRMA STREET (37-282-00) Lots 1 , 2 & 3 , Block 3 , Jirou Addition, 465 JACKSON STREET (71-011-00) , Plat J, Tract 10, D. Brown Survey, *720 JACKSON STREET (70-372-00) , Plat F, Tract 139 out of Tract 25, D. Brown Survey, 1327 LAUREL AND 1337 LAUREL (11-285-00) Lot 3 , Block 30, Calder Addition, *958 LEE STREET (27-461-00) , Lot 24, Block 1 , Fletcher Addition, *978 LEE STREET (27-459-00) , Lot 22, Block 1 , Fletcher Addition , *1876 LEIPER STREET (70-410-00) , Plat G, Tract 37, D. Brown Sur- vey, *880 LINCOLN STREET (35-238-00) , Lot 181-D, Block 17, Herring Addition, 1032 McFADDIN STREET (11-011-00) , Lot 14 & IV/2 of Lot 15, Block 1 , Calder Addition, 1620 PRINCE STREET (54-329-00) , Lot 7 , Block 4, Perkins Addition, 2155 RENAUD STREET (20-012-00) , Lot 4 , Block 2, Carver Addition, *710 SCHWARNER STREET (70-293-00) , Plat F, Tract 60, D. Brown Survey, *1430 SHER- MAN STREET (REAR) (70-533-00) , W-2 of Plat H, Tract 30, D. Brown Survey, and 7020 WATERS ROAD (77-217-00) , Plat SP-6, Tract 85, C. Williams Survey. May 23, 1978 THAT all notice provisions provided in Section 12A-21 of the Code of Ordinances have been complied with for each of the above listed structures. /s/ LEONARD C. HARDY SUBSCRIBED and SWORN to before me, by the said LEONARD C. HARDY, this the 23rd day of May, 1978, to certify which witness my hand and seal of office. My commission expires August , 1979. /s/ DEBBIE W. FAULK Notary Public in and for Jefferson County, Texas * Census Tract 17" Councilman Williams made a motion to condemn and order demolished the above listed dilapidated structures; Councilman Evans seconded the motion. Question : Ayes : All Nayes : None -000- There being no further business, the meeting was recessed before continu- ing 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 May 23 , 1978 . Myrtle Corgey City Clerk May 23, 1978