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Home My WebLink AboutMIN OCT 04 1983 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD OCTOBER 4, 1983 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas, met in regular session this the 4th day of October, 1983 , with the fol- lowing present : HONORABLE : William E. Neild Mayor Bill Cox Councilman, Ward I Evelyn M. Lord Councilman, Ward II Joseph D. Deshotel Councilman, Ward III Wayne Turner Councilman, Ward IV Karl Nollenberger City Manager Kenneth Wall City Attorney Hugh Earnest Asst . City Manager Myrtle Corgey City Clerk -000- The. Invocation was given by the Reverend Douglas Rathgeber , pastor of St . John' s Lutheran Church. The Pledge of Allegiance was led by Councilman Cox. -000- Two proclamations were issued : "Higher Education Week in Beaumont" - October 1-8, 1983 and "Martial Arts Week in Beaumont" - October 3-8, 1983 . -000- The following items of the Consent Agenda were considered : Approval of the Minutes of the regular City Council session held Septem- ber 27, 1983 ; Resolution 83-339 appointing Maree Calcote Chairman of the Clean Community Commission; Resolution 83-340 accepting Pebble Beach from its intersection of the north end of Pebble Beach Drive and Willow Bend Drive to the intersection of the south end of Pebble Beach Drive and Willow Bend Drive, a distance of 1, 265 feet , and Willow Bend Court from the west right-of-way line of Willow Bend Drive west approximately 210 feet to and including the cul- de-sac and water utility improvements in Lots 3-16, Block 4 and Lots 1-9 and 14-17, Block 5 in Willow Creek Country Club Estates; Resolution 83-341 rescheduling the public hearing on proposed transit fares from October 25th to November 8th because of errors in publication of the notice; and Resolution 83-342 authorizing settlement of a claim for damages in the amount of $6, 792. 00 to a 1983 pickup truck used by the Water Reclamation Division demolished in a collision with a Joe' s Rental Tools Company truck on August 23rd. The Consent Agenda was approved on a motion made by Councilman Lord and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- Resolution 83-343 establishing the entire City of Beaumont an economically depressed area for the purpose of tax exempt financing of commercial pro- jects was approved on a motion made by Councilman Lord and seconded by Councilman Turner. Question: Ayes : Mayor Neild Nayes: Councilman Councilman Cox Deshotel Councilman Lord Councilman Turner -156- October 4 , 1983 Resolution 83-344 authorizing the City Manager to execute an agreement with the State Department of Highways and Public Transportation for the reconstruction of Gladys Street between Dowlen Road and Major Drive under the 1983-86 Federal-Aid Systems Program (City share $950, 000.00 and State approximately $1 ,400, 000. 00 - Minute Order 81169, Item #00159) was approved on a motion made by Councilman Deshotel and seconded by Coun- cilman Turner . Question : Ayes : All Nayes: None --000- Resolution 83-345 authorizing the City Manager to execute an agreement with the State Department of Highways and 'Public Transportation for construction on Washington Boulevard from west of Langham Road to Inter- state 10 under the 1983-86 Federal-Aid Systems Program (City share $450, 000. 00 and State approximately $1 , 200, 000 - Minute Order 81169 , Item #00160) was approved on a motion made by Councilman Cox and seconded by Councilman Lord. Question : Ayes : All Nayes : None -000- Resolution 83-346 authorizing Change Order No. 1 to the contract with McCullough Contracting Company reflecting actual quantities of pipe and fittings installed, extra items of necessary work, etc . , in the amount of $211 . 98 and authorizing final payment of $20,794 . 96 to the contractor for Sanitary Sewer Contract 9A/Stonetown-Best and Bennett Force Mains (EPA grant #C 48-1254-04 - City' s total share $108 , 314 .64 ; total federal share $223 ,436. 67 -- total revised contract amount - $331 ,751 . 31) was approved on a motion made by Councilman Deshotel and seconded by Council- man Turner. Question: Ayes: All Nayes : None -000- Resolution 83-347 authorizing the City Manager to amend an agreement with Jefferson County Drainage District 6 to provide for a crossing of the Atchison, Topeka and Santa Fe Railway Company right-of-way with the Cartwright/Corley drainage channel (estimated total cost of the railroad crossing, including the trestle bridge to be constructed by the Railway Company at a not-to-exceed cost of $168 , 300. 00 and $50, 000: 00 estimated for the concrete channel liner , is $218 ,300. 00) was approved on a motion made by Councilman Lord and seconded by Coun- cilman Deshotel . Question : Ayes : All Nayes : None -000- Resolution 83-348 authorizing the City Manager to execute an agreement with the Atchison, Topeka and Santa Fe Railway Company for the construc- tion of a bridge over the Corley/Cartwright drainage channel at a cost to the City not to exceed $168, 300. 00 (Drainage District 6 to partici- pate in the cost of the bridge on a 50-50 basis) was approved on a motion made by Councilman Lord and seconded by Councilman Deshotel . Question : Ayes: All Nayes : None -000- Resolution 83-349 authorizing execution of a contract with Teal Contract- ing Company in the amount of $706, 746.40 for construction of the Irving Street Box Project to be funded through the CDBG program was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question : Ayes : All Nayes: None -000- Resolution 83-350 authorizing the execution of a contract with Fittz & Shipman, Inc . , for engineering service for constructions plans for the Highland Avenue T. I .P. Project (4-lane facility from Alma to Florida with protected left-furn lanes where warranted) in an amount not to exceed $169, 900. 00 was approved on a motion made by Councilman Lord and seconded by Councilman Cox. Question : Ayes : All Nayes : None -157- October 4 , 1983 Resolution 83-351 authorizing the execution of a contract with Kohler & Kohler for engineering services for construction plans for the Concord Road T. I .P. Porject from Lucas to IH-10 at the Mariposa and Gulf inter- changes (when completed, this facility will be an extension northward of Spur 380) in an amount not to exceed $507,000. 00 was approved on a motion made by Turner and seconded by Councilman Cox. Question: Ayes : All Nayes: None -000- Ordinance No . 83-127 providing for employee contributions to the cost of dependent health care coverage (one dependent - $5. 00 with two or more - $20. 00) was considered: ORDINANCE NO. 83-127 ENTITLED AN ORDINANCE REPEALING ORDINANCE 80-99; PROVIDING FOR SEVERABILITY. The ordinance was approved on a motion made by Councilman Lord and se- conded by Councilman Deshotel . Question : Ayes: All Nayes : None -000- Ordinance No. 83-128 requiring a franchise for commercial closed con- tainer garbage services was considered: ORDINANCE NO. 83-128 ENTITLED AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES TO REQUIRE A FRANCHISE FOR COMMERCIAL CLOSED CONTAINER GARBAGE COLLECTION SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question : Ayes: All Nayes : None -000- Resolution 83-352 establishing a Citizens Advisory Committee to recom- mend a memorial to Dr . Martin Luther King, Jr. and appointing Harvey C. Johnson and John L. Bell as Co-Chairmen, Larry Beaumont , Wilton White , Warner Rogers, C. W. Conn, Hoke Peacock, Patty Cantella, Brock Brentlinger, David Geddes, Pat Phelan, Edward Moore, Paul Brown, Reverend G. W. Daniels, Shirlene Cook, Ed Dix, Gaylyn Cooper, George Hudspeth, Ben Rogers , Reverend W. N. McCarty, Reverend Bill Scales, Rabbi Herbert Rutman, Reverend Ed Bowles, Ed Sigee, Raymond Chaison and Bishop Bernard J. Ganter was ap- proved on a motion made by Councilman Deshotel and seconded by Councilman Turner . Question : Ayes: All Nayes : None -000- A resolution authorizing the City Manager to execute an amended agreement with Professional Aviation Services Company for fixed-base operator activi- ties at Beaumont Municipal Airport was considered. Council questioned several areas of the agreement . After a discussion, Councilman Deshotel made a motion to postpone action and to request a Workshop discussion for the item next week. Motion was seconded by Councilman Turner who re- quested additional statistical information to be provided in the Work Packets for study prior to the Workshop discussion. Question : Ayes : All Nayes : None -000- -158- October 4, 1983 Resolution 83-353 authorizing acquisition of 474 . 293 acres for the landfill from W. A. Hebert III for a purchase price of $625, 000. 00 was approved on a motion made by Councilman Lord and seconded by Council- man Turner . Question : Ayes-: All Nayes : None -000- Resolution 83-354 authorizing the City Manager to execute agreements with the Chamber of Commerce (3/7ths of the tax collected - the City to pay $411 , 000. 00) , the South East Texas Arts Council ($100, 000. 00) and three (3) museums - Glayds City Museum, John J. French Trading Post and Babe Zaharias Memorial Museum (at a total of $25, 000. 00) - (1/7th of the tax collected) for activities funded by the Hotel-Motel Occupancy Tax for the year beginning October 1 , 1983 and ending Septem- ber 30, 1984 , and expressing the City' s intention concerning the alloca- tion of future Hotel-Motel Tax revenues (the remaining 3/7ths for operation of the City' s Civic Center Facilities) was approved on a mo- tion made by Councilman Turner and seconded by Councilman Cox . Question : Ayes: All Nayes : None -000- Resolution 83-355 authorizing the execution of a grounds maintenance contract with Mental Health Mental Retardation of Southeast Texas for Riverfront Park, grounds around the Civic Center , City Hall , Julie Rogers Theatre, Tyrrell Historical Library, Beaumont Public Library & Police Station; Orleans Mall , various triangles and boulevards, Athletic Complex, the the Tennis Center for one year beginning October 1 , 1983 at a cost to the City not to exceed $171 , 672. 00 (amount includes equipment ) was approved on a motion made by Councilman Lord and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- Resolution 83-356 authorizing participation with other cities in employ- ing Touche, Ross and Company at an anticipated cost of $35, 000 to $40,000 to provide consultation and expert testimony in Public Utility Commission of Texas, Docket 5108 , Application of Gulf States Utilities Company for Commission Order Concerning Disposition of Settlement Funds for the $100+ million recovered by G. S.U. from United Gas Company was approved on a motion made by Councilman Lord and seconded by Councilman Turner. Question: Ayes : All Nayes : None -000- A public hearing to consider dilapidated structures was called. Mr. Milton Palmer , Director of Code Enforcement , told Council that all the below-listed structures are in violation of Article III , Sections 14-50 and 14-51 of the Dangerous Structures Ordinance of the City of Beaumont , that all notification procedures have been met and that all structures are vacant : 3435 EDMONDS - Ruby L. Titus, owner (7 violations), recommendation to raze within 30 days; 465 SOUTH 4TH STREET - Mary Jones c/o Nixon William H. Taft , owner (12 violations) , recommendation to raze within 30 days; 845 HOLMES - Anthony M. Padilla, owner (19 violations) , recommendation to raze or repair within 30 days ; 2251 LIBERTY - V. C . Kelly Est . c/o P. Chefch, owner (21 violations), recommendation to raze within 30 days; 1405 WALLACE - David E. O'Fiel , owner (12 violations) , recommendation to raze within 30 days; and 1241 WASHINGTON - Dr. A. B. Marty, owner (9 violations ) , recommendation to raze or repair within 30 days. Mr. Anthony Padilla, owner of the structure located at 845 Holmes, ad- dressed Council to say that a repair permit had been obtained and the structure reroofed. He told Council it was his intention to rehabili- tate the structure and he requested additional time to complete the work. -159- October 4 , 1983 Mr. Robert L. Hedington, 1520 Longfellow, former owner of the structure located at 1012 Cartwright , addressed Council to complain about receiv- ing letters of violations of the dangerous structures and weed ordinances after he had contacted Environmental Control Division of the Code En- forcement Department on four separate occasions. There being no one else to address Council , the public hearing was closed. Councilman Lord made a motion to approve the recommendations with the exception of allowing 90 days for raze or repair of the structure located at 845 Holmes; motion was seconded by Councilman Deshotel . Question : Ayes : All Nayes : None Ordinance No. 83-129 declaring certain dilapidated structures to be pub- lic nuisances and requiring their repair or removal was considered : ORDINANCE NO. 83-129 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES, AND ORDERING REPAIR OR DEMOLITION; PROVIDING A PENALTY; AND PROVIDING FOR SEVERABILITY. The ordinance was approved on a motion made by Councilman Lord and se- conded by Councilman Deshotel . Question : Ayes : All Nayes : None -000- Councilman Lord reported that several of the lights are out on the City Hall and Civic Center parking lots. Councilman Turner reported a zoning violation of a used car lot being turned into a wrecked car lot (parts of vehicles being sold) at Railroad and Irving Street . -000- Councilman Turner submitted the following letter : "October 18 , 1983 Mrs. Myrtle Corgey City Clerk Beaumont , Texas Dear Mrs . Corgey : I hereby resign my office as Councilman for Ward No. 4 of the City of Beaumont . Very truly yours , /s/ G. Wayne Turner" -000- Mr. J. C . Leggett , 1849 Washington Boulevard, addressed Council in oppo- sition to the "blighted area" designation for the entire city . In addi- tion, Mr . Leggett stated that Washington Boulevard east of 4th Street was in greater need of paving and drainage construction than west of Interstate 10. Mr . C. P. Surly, 2290 Long, addressed Council in favor of the "blighted area" designation for the City. Mr . Herman Davis , 790 Amarillo , addressed Council to suggest some type of recognition or memorial to encourage individual citizens or groups to do something worthwhile in the City, saying that this recognition would stimulate more interest in the community and its improvement . -160- October 4, 1983 There being no further business, the meeting was recessed before con- tinuing 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 October 4 , 1983. Myrtle Corgey City Clerk -161- October 4 , 1983