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Home My WebLink AboutMIN NOV 22 1983 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD NOVEMBER 22, 1983 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas, met in regular session this the 22nd day of November, 1983 , with the following present : HONORABLE : William E. Neild Mayor Bill Cox Councilman, Ward I Evelyn M. Lord Councilman, Ward II Joseph D. Deshotel Councilman, Ward III David W. Moore Councilman, Ward IV Karl Nollenberger City Manager Hugh Earnest Asst . City Manager Lane Nichols Asst . City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by Councilman Lord. The Pledge of Allegiance was led by Councilman Cox. -000- The following items of the Consent Agenda were considered: Approval of the Minutes of the regular City Council session held Novem- ber 15, 1983 ; Resolution 83-422 appointing Chester Sassine to the Transit Advisory Com- mittee, term expiring June 30, 1986; Resolution 83-423 authorizing payment of $1 , 165.30 to Strand Book Store for books for the Beaumont Public Library System; , Resolution 83-424 authorizing the City Manager to submit an application for a 50 percent grant from the Texas Parks and Wildlife Department for financing a $225, 000. 00 project involving Sprott Park (local matching funds to be allocated from CDBG in the amount of $67, 500. 00 for a jogging trail with exercise stations, two pedestrian bridges, picnic units, fill dirt , landscaping and trash baskets) ; Alice Keith Park (local matching funds in the amount of $40, 000. 00 from the Steinhagen Foundation for a creative playground, shelter, landscaping, benches, picnic units, and trash baskets - total project cost of $72 , 500.00 and $5, 000. 00 in staff time for design and project management ) , and Caldwood Park for a creative playground, replacement of damaged tennis court , fill dirt , resurfacing of the parking lot , and trash baskets at a project cost of $85, 000. 00; Resolution 83-425 authorizing the City Manager to execute a certification statement agreeing to participate with the State Department of Highways and Public Transportation in construction of a railroad signal project at the Santa Fe grade crossing at Magnolia Avenue at a cost not to exceed $4 , 750. 00; Resolution 83-426 approving the original members of the Innovative Hous- ing Development Corporation : Tom Combs, Chairman; Loretta Oliver ; Helen McCarty, Marilyn Adams and Gaylyn Cooper; Resolution 83-427 authorizing final payment of $2, 920. 18 to Troy Dodson Construction Company for surfacing of the parking lots at the Service Center (total project cost - $58,403. 55) ; and Resolution 83-428 awarding contracts for the demolition and removal of dangerous structures : Elk Construction Company for the Garage at 2550 Brooklyn at $200. 00 and the structure at 2060 Liveoak at $500. 00; Ace Clark Construction Company for the structure at 1450 Burt at $1 , 000. 00 and Trax Enterprises for the structure at 1929 Irving at $799. 00 and the structure next to and rear of 1599 Pine at $275. 00. -188- November 22, 1983 The Consent Agenda was approved on a motion made by Councilman Lord and seconded by Councilman Deshotel . Question : Ayes : All Nayes : None Resolution 83-429 authorizing withdrawal of $4 , 925, 000. 00 in securities pledged as collateral for City deposits by Texas Commerce Bank (total remaining as pledge - $4, 985, 000. 00) was approved on a motion made by Councilman Cox and seconded by Councilman Deshotel . Question : Ayes : Councilman Cox Abstained: Mayor Neild Councilman Deshotel Councilman Councilman Moore Lord -000- Second and final reading of Ordinance No. 83-150 annexing 117 .6 acres located at the intersection of Florida Avenue and the Beaumont city limits line and extending west for 3950 feet (requested by Joe Zerangue for water and sewer service for a new shop and office built at 2205 W. Florida in May, 1982, and he agreed to support annexation of the area at that time) was held: ORDINANCE NO. 83-150 ENTITLED AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE THE SAID PROPERTY W'ITHI'N THE CITY LIMITS, AND GRANTING THE SAID TERRITORY AND TO ALL FUTURE INHABITANTS THEREOF ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS; AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question : Ayes: All Nayes : None -000- Ordinance No. 83-151 changing Ward I & II designations was considered: ORDI"NANCE NO. 83-151 AN ORDINANCE AMENDING ORDINANCE 83-65 TO RENUMBER WARDS THEREIN ESTABLISHED FOR ELECTION PURPOSES; PROVIDING FOR SEVERABIL- ITY; AND 'PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Cox and seconded by Councilman Deshotel . Question: Ayes : All Nayes : None -000- Ordinance No . 83-152 levying a 2% gross receipts tax from bingo games conducted within the City was considered : ORDINANCE NO. 83-152 ENTITLED AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY LEVYING A TWO PERCENT TAX ON GROSS RECEIPTS FROM BINGO GAMES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Lord and secon- ded by Councilman Deshotel . Question : Ayes: All Nayes : None -000- -189- November 22 , 1983 Resolution 83-430 approving the Citizens Advisory Committee' s recommenda- tion to reprogram funds in the amount of $270, 000 in the 1983 CDBG State- ment for park improvements to Sprott Park at $67 , 500. 00; street rehabili- tation program for a Community Development Strategy Area at $72, 500. 00 with $5, 000. 00 in contingencies; and social service facility rehabilitation program at $125, 000. 00 was approved on a motion made by Councilman Cox and seconded by Councilman Deshotel . Question : Ayes : All Nayes : None -000- Resolution 83-431 approving funding of $125, 000 from reprogrammed funds for Cocial Service Facility Rehabilitation Projects to provide rehabili- tation work and authorizing the City Manager to enter into contracts with Central Day Care for $21 , 000. 00, Fairway Houses, Inc. at $25, 000. 00, Goodwill Industries, Inc. at $15, 000. 00, Some Other Place at $15, 000. 00, Stewart ' s Halfway House, Inc. at $28, 000. 00 and YMCA - Melton Branch at $21 ,000. 00 was approved on a motion made by Councilman Deshotel and seconded by Coun- cilman Lord. Question : Ayes : Councilman Cox Abstained: Mayor Neild Councilman Lord Councilman Councilman Deshotel Moore -000 Resolution 83-432 authorizing extension to December 20, 1983 , of Resolu- tion 82-409 consenting to annexation by Lumberton of about four square miles of land within Beaumont ' s Extraterritorial Jurisdiction was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question : Ayes: Mayor Neild Abstained: Councilman Councilman Cox Lord Councilman Deshotel Councilman Moore -000- Resolution 83-433 authorizing execution of an agreement between the City of Beaumont and George A. Dishman, developer of Walden Meadow Drive, Sec- tion One, Participation Project , and an agreement with Fittz , Crozier and Shipman, Consulting Engineer, for the City' s participation in the cost of pa,viAg Walden Meadow Drive from Walden Road to the north property line and a 36" storm sewer in lieu of a 30" pipe along the north side of Walden Road between Walden Meadow Drive and the Amelia cut-off ditch at a cost to the city of approximately $49, 989.49 including engineering services (total project estimated at $128, 190. 00) was approved on a motion made by Councilman Lord and seconded by Councilman Deshotel . Question : Ayes: All Nayes : None -000- Resolution 83-434 authorizing execution of an agreement between the City of Beaumont and Washington West Limited, developer for the Whitson "s Way Par- ticipation Project , and an agreement with Fittz, Crozier and Shipman, Con- sulting Engineer , for the City' s participation in the cost of paving Whit son' s Way from Washington Boulevard southeasterly 615 feet at an approxi- mate cost to the City of $36,479. 00 including engineering services (total project estimated at $88, 550. 00) was approved on a motion made by Council- man Lord and seconded by Councilman Cox. Question : Ayes : All Nayes : None --000 Resolution 83-435 authorizing execution of an agreement between the City of Beaumont and Vayla Kojak and Kojak Homes, Inc. , developer, and an agreement with Mark W. Whitely and Associates, Inc. , Consulting Engineer, for the City' s participation in the cost of paving Shelby Drive from 135' south of Doty a distance of 310' to a point 140' north of Gross at an estimated cost to the City of $10, 643. 00 (total project estimated at $32, 296. 00) was ap- proved on a motion made by Councilman Deshotel and seconded by Councilman Moore. Question : Ayes : All Nayes : None -190- November 22 , 1983 Resolution 83-436 authorizing execution of an agreement between the City of Beaumont and Vayla Kojak and Kojak Homes, Inc. , developers, and an agree- ment with Mark W. Whitely and Associates, Inc. , Consulting Engineer , for the City' s participation in the cost of storm drainage along Riggs Street from Calhoun 2090 feet east to the Drainage District #6 drainage ditch as an estimated cost to the City including engineering of $183,207. 86 (_total project estimated at $244 , 253 . 90) was approved on a motion made by Councilman Deshotel and seconded by Councilman Lord. ,.. Question : Ayes: All Nayes : None -000- Resolution 83-437 authorizing payment in the amount of $52,031 . 69 to Daniels Building and Construction Company representing the retainage on work performed on a contract for the Julie Rogers Theatre improvements exclusive of Change Order No. 13 was approved on a motion made by Council- man Lord and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- Resolution 83-438 accepting as complete the lift station improvements for Contracts 8-A, C & D - Stonetown-Best , Helbig & Bennett , and authoriz- ing final payment to the contractor, Gulf Coast Industrial Contractors, Inc. , at $21 , 200. 00 (total contract amount - $424 ,000. 00) was approved on a motion made by Councilman Cox and seconded by Councilman Deshotel . Question : Ayes: All Nayes : None -000- Resolution 83-439 authorizing Change Order No. 1 , Sanitary Sewage System Improvements Contract 8B and 9B, Lawrence Lift Station and Force Main, . granting a 25-day extension to the contractor, John Bankston Construction and Equipment Rental Company, due to 25 rainout days recorded in July, August and September , was approved on a motion made by Councilman Lord and seconded by Councilman Deshotel . Question : Ayes : All Nayes : None -000- Resolution 83-440 approving Change Order No. 1 on the Sanitary Landfill construction contract to satisfactorily cross an 8" in diameter Houston Pipeline Company pipe in two locations by lowering outfall channels to go under the pipeline at a cost of $6, 375. 00 (contract cost increased to $462 ,732. 00) was approved on a motion made by Councilman Deshotel and se- conded by Councilman Cox. Question : Ayes: All Nayes : None -000- - resolution authorizing the execution of a lease agreement with Beaumont Riverboat Company covering the use of Riverfront Park for docking of an excursion boat was deferred until after the City Council Workshop Session for clarification of the contract as prepared. -000 A public hearing to consider dilapidated structures was held. Mr. George Gardner, Director of Urban Rehabilitation, 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 Beau- mont and that all notification procedures have been met and that all struc- tures are vacant : 10545 Black Lane - Emily Louis, owner (6 violations) , recommendation to raze within 30 days ; 1169 Broadway (Front and Rear) - Alvaro Aguirre, owner (7 violations on the front structure and 12 on the rear) , recommendation to raze or repair within 90 days; 2315 Buchanan - Harold J. Clayton , owner (9 violations) , recommendation to raze within 30 days; 857 Ewing - Vida Barker, owner (16 violations) , recommendation to raze within 30 days; 1630 Gill - Mollie Bean , owner (14 violations) , recommendation to raze within 30 days; -191- November 22 , 1983 2954 Houston - Lucille Briggs, owner (9 violations) , recommendation to raze within 30 days; 2433 Neches - Joseph Jesse Molley , owner (19 violations) , recommendation to raze within 30 days; 1245 Sherman (Rear) - Fred Aldred, owner, and Thelma Davis Chatmon, party to a Contract for Deed (9 violations) recommendation to raze within 30 days; and 3665 Waverly - Martha Adams c/o H. L. and Tim Warren, owner (10 violations) , recommendation to raze or re- pair within 30 days. Mrs. Vida Barker told Council that she no longer owned the home located at 857 Ewing. She said she had been notified by letter in July, 1982 of a "foreclosure sale" and that the structure had been financed at that time by the Fort Worth National Bank. The structure located at 857 Ewing was removed from the list until true ownership can be determined. There being no one else to address the City Council , the public hearing was closed. Ordinance No. 83-153 declaring certain dilapidated structures to be public nuisances and requiring their repair or removal was considered: ORDINANCE NO. 83-153 ENTITLED AN ORDINANCE FINDING CERTAIN STRUC- TURES TO BE PUBLIC NUISANCES, AND ORDERING REPAIR OR DEMOLITION; PROVIDING FOR SEVERA- BILITY AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Cox and seconded by Councilman Lord. Question : Ayes : All Nayes : None -000- Mayor Neild questioned areas of the City that are undevelopable because of the inadequacy in size of sanitary sewer, water and storm drainage lines and requested identification of these areas. -000- A proclamation for "Christmas Seal Month in Beaumont" - December , 1983 , and one for "Toys for Tots Days in Beaumont" - November 26 - December 23 , 1983 were issued. -000- There being no further business to be considered, the meeting was recessed before continuing with the City Council Workshop Session. -000- The regular City Council session was reconvened following Workshop Session to consider one item. Resolution 83-441 authorizing the execution of a lease agreement with the Beaumont Riverboat Company to cover the use of Riverfront Park for docking an excursion boat for a five-year period commencing November 15, 1983 with an option to renew for an additional five years was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Councilman Lord stated " . . . although I am very much in favor of the river boat , I can not vote on something I have not had the chance to read" . Question : Ayes : Mayor Neild Abstained: Councilman Councilman Cox Lord Councilman Deshotel Councilman Moore -000- -192- November 22, 1983 There being no further business, the meeting was adjourned. -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 November 22, 1983 . Myrtle Corgey City Clerk -193 November 22, 1983