The URL can be used to link to this page

Home My WebLink AboutMIN MAR 30 1976 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MARCH 30, 1976 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 30th day of March, 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 Lavon Jones Asst. City Attorney -000- The Invocation was given by Mr. Wilbur J. Balmer, Public Works Program Coordi- nator. The Pledge of Allegiance was led by Councilman Cash. -000- The Mayor issued the following proclamations : "Y Indian Guide & Y Indian Prin- cess Day in Beaumont" -- April 3, 1976; "Cancer Control Month in Beaumont" - April, 1976; "Southeast Texas Genealogical & Historical Society Day in Beaumont' April 3, 1976; and "Future Homemakers of America Week in Beaumont" - April 4-10 , 1976. --000- The Minutes of the regular City Council session held March 23, 1976 , were ap- proved on a motion made by Councilman Cash and seconded by Councilman Evans. Question: Ayes: All Nayes: None -000- Resolution 76-113 authorizing the award of bads for furnishing one (1) knuckle boom loader body for the Solid Waste Department to Alex Feigelson Company in the amount of $6,733 , this being the lowest and best bid received, was approved on a motion made by Councilman Evans and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes: None -000- Resolution 76-114 authorizing the award of bids for furnishing repairs to the transmission of Street Department loader #50-0082 to Mustang Tractor & Equipment Company (Beaumont) in the amount of $6,782, this being the lowest and best bid received, was approved on a motion made by Councilman Cash and seconded by Councilwoman McGinnis, Question: Ayes: All Nayes: None -000- Ordinance No. 76-41 changing the zoning from R-1 (Single Family Dwelling) to C-2 (Central Commercial) of a 5. 0 acre tract generally described as a portion of the N. D. Williams - Ernie Cockrell, Jr. property, Charles Williams League, Abstract 59, located at 5055 Belmont (request by Thad Heartfield - property south of College between Edgemoor and Sunnyside) was considered: ORDINANCE NO. 76-41 ENTITLED AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS AND IN PARTICULAR THE BOUNDARIES OF THE ZON- -52- March 30, 1976 ING DISTRICTS AS INDICATED UPON THE ZONING MAP OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, BY CHANGING A 5.0 ACRE TRACT GENERALLY DESCRIBED AS A PORTION OF THE N. D. WILLIAMS- ERNIE COCKRELL, JR. PROPERTY, CHARLES WILLIAMS LEAGUE, ABSTRACT 59, LOCATED AT 5055 BELMONT, EFAUMONT, JEFFERSON COUNTY, TEXAS, AS HEREIN- AFTER DESCRIBED, PRESENTLY ZONED "R-l" , TO tic• 2ff; PROVIDING FOR SEVERABILITY; AND PROVID- ING A PENALTY. The ordinance was approved on a motion made by Councilwoman McGinnis and secon- ded by Councilman Evans. Question: Ayes: All Nayes: None -000- Ordinance 76-42 changing the zoning from R-1 (Single Family Dwelling) to LR-1 (Local Retail District) of three tracts containing a total of 2 . 87 acres and described as the south half of Lot 80, Block 9, French Heights Addition, and two tracts out of Lot 79, Block 9, French Heights Addition, located at the northwest corner of Anderson Street and the 3200 Block of Eastex Freeway (Hwy. 69) Frontage Road, was considered: ORDINANCE NO. 76-42 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 THREE TRACTS CONTAINING A TOTAL Or 2.87 ACRES AND DESCRIBED AS THE SOUTH HALF OF LOT 80, BLOCK 9, FRENCH HEIGHTS ADDI- TION, AND TWO TRACTS OUT OF LOT 79, BLOCK 9, FRENCH HEIGHTS ADDITION, LOCATED AT THE NORTH- WEST CORNER OF ANDERSON STREET AND THE 3200 BLOCK OF EASTEX FREEWAY (HIGHWAY 69) FRONTAGE ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS, AS HEREINAFTER DESCRIBED, PRESENTLY ZONED "R-111 , TO "LR-1"; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilwoman McGinnis and se- conded by Councilman Cash. Question: Ayes: All Nayes: None -000-- Ordinance 76-43 changing the zoning from R-1 (Single Family Dwelling) to R-2 (Two Family and Multiple Dwelling) of two lots totalling 0. 32 acres and des- cribed as Lots 17 and 18 , Block 1, Garland Addition, located at 220 Alabama Street (request by Gladys Odom) was considered: ORDINANCE NO. 76-43 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 THE ZONING CLASSIFICATION OF LOTS 17 & 18 OF BLOCK NO. 1 OF THE GARLAND ADDITION TO THE CITY OF BEAUMONT, COUNTY OF JEFFERSON, STATE OF TEXAS, ACCORDING TO THE MAP OR PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE COUNTY. CLERK OF JEFFERSON COUNTY, TEXAS, PRESENTLY ZONED "R-111 , TO "R-2" ; PROVID- ING FOR SEVERABILITY; AND PROVIDING A PENALTY. -53- March 30, 1976 The ordinance was approved on a motion made by Councilman Evans and seconded by Councilman Williams. Question: Ayes: All Nayes: None -000- Ordinance 76-44 changing the zoning from R-1 (Single Family Dwelling) to I-1 (Light Industrial) of a 3. 67 acre tract out of Block 25, T. H. Langham Subdivi- sion, Charles Williams League, located at 5700-5800 Washington Boulevard, was considered: ORDINANCE NO. 76-44 ENTITLED AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZON- ING DISTRICTS ASw,TNDICATED UPON THE ZONING MAP OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, BY CHANGING A 3. 67 ACRE TRACT OUT OF BLOCK 25, T. H. LANGHAM SUBDIVISION, CHARLES WILLIAMS LEAGUE, LOCATED AT 5700-5800 WASH- INGTON BLVD. , BEAUMONT, JEFFERSON COUNT, TEXAS, AS HEREINAFTER DESCRIBED, PRESENTLY ZONED "R-l" , TO "I-V'; PROVIDING FOR SEVERA- BILITY; AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilwoman McGinnis and secon- ded by Councilman Evans. Question: Ayes : All Nayes: None -000- Ordinance 76.45 changing the zoning from R-1 (Single Family Dwelling) and R-2 (Two Family and Multiple Dwelling) to LR-1 (Local Retail District) of two tracts out of the Noah Tevis Survey, H. Williams League, totalling 5. 7 acre 's and lo- cated at 4300 Phelan Boulevard and 4300 Laurel Avenue (Phelan Interests) was considered: Petition received from those residents of Maplewood Addition originally oppos- ing this change: "We, the undersigned who have property in Maplewood Addition adjacent to the zone request, 543Z, for a change from R-1 & R-2 to LR-1 of a 5 . 7 acre tract in H. Williams Lg. between Phelan Blvd. and Hillebrandt Bayou, will not oppose the applicant, Patrick H. Phelan, provided: 1. the City council will accept the recommended 20 foot easement to remain R-1 adjacent to our property by the city planning and zoning commission. 2. a privacy fence adjacent to the Maplewood Addition is built on promise by word of mouth by applicant, Patrick H. Phelan. 3 . only single level, office-type buildings are to be constructed on this pro- perty promised by word of mouth by applicant, Patrick H. Phelan. " The petition contains 12 signatures. ORDINANCE NO. 76-45 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 TWO TRACTS OF LAND OUT OF THE NOAH TEVIS SURVEY, H. WILLIAMS LEAGUE, TOTALLING 5. 7 ACRES AND LOCATED AT 4300 PHE- LAN BLVD. AND 4300 LAUREL AVENUE, BEAUMONT, JEFFERSON COUNTY, TEXAS, AS HEREINAFTER DE- SCRIBED, PRESENTLY ZONED 11R-1" AND "R-211 , TO "LR-111 ; PROVIDING FOR SEVERA8ILITY; AND PRO- VIDING A PENALTY. -54- March 30, 1976 The ordinance was approved on a motion made by Councilman Cash and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes : None -000- Resolution 76-115 authorizing the release of titles to four (4) rear loading packer trucks to Pak-Mor Manufacturing Company, upon receipt of the new loaders, was approved on a motion made by Councilwoman McGinnis and seconded by Council- man Evans. Question: Ayes: All Nayes: None -000- Ordinance No. 76 •46 amending the budget to authorize the designation of a Senior Planner position under the 701 contract was considered: ORDINANCE NO. 76-46 ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1975 AND ENDING SEPTEMBER 30, 1976 , BY ADDING ONE SENIOR PLANNER POSITION TO THE PLANNING AND ZONING DIVISION OF THE COMMUNITY DE- VELOPMENT DEPARTMENT, ACTIVITY NO. 51. The ordinance was approved on a motion made by Councilwoman McGinnis and secon- ded by Councilman Evans. Question: Ayes: All Nayes: None -000- A motion was made by Councilman Cash and seconded by Councilwoman McGinnis to approve Resolution 76-116 authorizing Change Order #1 in the additional amount of $24 , 341. 51 to the L. 0. Block site work contract on the Athletic Complex (CIP 11-AC-01) be passed and that final payment be authorized for the completed project (final payment - $57,388. 97) . Question: Ayes: Mayor Ritter Abstained: Councilman Evans Councilman Cash Councilwoman McGinnis Councilman Williams -000- Resolution 76-117 authorizing retention of Jefferson County Title Company to submit title opinions and to write title policies, at State regulated fees, for the acquisition of three (3) easements for drainage outfall for the Dowlen Road Project; retention of M. L. Lefler, Jr. to appraise the easements to be acquired; payment for his services not to exceed $800. 00; the easements to be acquired in the name of, or conveyed to, Drainage District No. 6; was approved on a motion made by Councilman Cash and seconded by Councilman Evans. Question: Ayes: All Nayes : None -000- A resolution giving authorization to compromise and settle the City of Beaumont, Plaintiff, v. Trustees of the Westwood Bible Church, et al, Defendants, Cause No. 32,881, in the County Court of Jefferson County, At Law, in the amount of $6, 000, the City having already deposited $4,250, would pay an additional $1,750, was held for action at a later time. (Motion made by Councilman Cash and seconded by Mayor Ritter to approve but withdrawn due to need for more data. ) -000-- Resolution 76-118 authorizing Proceedings in Eminent Domain against the owners of the east 1/2 of Lot 11 of Block 2 of the Flowers Addition for uses in con- junction with the Fire Station located at 2185 Sabine Pass (#11) was approved on a motion made by Councilman Cash and seconded by Councilman Evans. Question: Ayes: All Nayes : None _55- March 30, 1976 Resolution 76119 authorizing the Acting City Manager, Howard McDaniel, to file an application with the Department of Transportation for an amendment to Capi- tal Grant TX 03-0014 was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans® Question: Ayes : All Nayes : None -000- Resolution 76120 accepting a Contract Change Notice from the Governor ' s Office of Traffic Safety providing for the establishment of a Bicycle/Pedestrian Edu- cation Program (funds available to pay person to work with the local school dis- tricts to develop this program) was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Cash. Question: Ayes : All Nayes: None -000- After a lengthy discussion, it was decided to hold for action Agenda Item #17 (Consider a resolution authorizing an amendment to the contract between the City of Beaumont and Gruen and Associates) on a motion made by Councilman Williams and seconded by Councilwoman McGinnis. Question: Ayes : Councilwoman McGinnis Against: Mayor Ritter Councilman Williams Councilman Evans Abstained: Councilman Cash -000- A motion requesting emergency permission to have the 1963 Allis-Chalmers HD-11 dozer repaired was made by Councilman Williams and seconded by Councilman Evans . Question: Ayes: All Nayes : None -000- There being no further business, the meeting was adjourned. -000- 2, Rosemarie Chiappetta, Deputy City Clerk of the City of Beaumont, Texas, cer- tify that the above is a true copy of the Minutes of the regular City Council session held March 30, 1976. Rosemarie Chiappetta Deputy City Clerk -56- March 30, 1976