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Home My WebLink AboutMIN APR 18 1978 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD APRIL 18, 1978 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas, met in r-gi.ilar session this the 18th day of April , 1978, with the following present : HONORABLE: Ken Ritter Mayor Vi McGinnis Councilwoman, Ward II Calvin Williams Councilman, Ward III Leroy Evans Councilman, Ward IV Absent : Don Cash Councilman, Ward I Ray Riley City Manager Kenneth Wall City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by Monsignor Marvin Enderle, St . Anthony' s Cathedral . The fledge of Allegiance was led by Councilwoman McGinnis . -000- Comments of appreciation by and for out-going Mayor Ken Ritter were made. Mr Ben Rogers, 2010 Thomas Road, presented a medallion from the Babe 7aha-r-iq.s Foundation to Mayor Ritter. -000 Ordinance No. 78-47 authorizing canvassing the votes cast for the position of Mayor in the City run-off election held April 15, 1978, was considered: ORDINANCE NO. 78-47 ENTITLED AN ORDINANCE CANVASSING THE RETURNS OF THE RUN-OFF ELECTION WHICH WAS HELD ON THE 15TH DAY OF APRIL, 1978 , TO DETERMINE WHO SHOULD BE MAYOR; PROVIDING FOR SEVERA BILITY AND PROVIDING FOR REPEAL. WHEREAS, after duly canvassing said returns, the City Council found that the votes cast in said election for the officer for the office of Mayor were as follows: For Mayor: Ken Ritter . . . . . . . 6, 167 Maury Meyers . . . . . . . 9,572 . . . The ordinance was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Williams. Question : Ayes : All Nayes : None -000- April 18, 1978 The Oaths of Office were administered by the honorable Wendell Radford, Assistant Magistrate for Municipal Court , to the following: 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 -000- The meeting was recessed for a brief reception honoring out-going Mayor Ken Ritter and newly elected Mayor Meyers and Councilman Combs before continuing with the regular meeting. The meeting was reconvened. -000- The Minutes of the regular City Council session held April 11, 1978, were approved on a motion made by Councilwoman McGinnis and seconded by Council- man Evans. Question: Ayes : All Nayes : None -000- Mr., Ben Rogers, 2010 Thomas Road, addressed Council to pledge his support to Council . -000- Mayor Meyers issued the following proclamation : "National Action for Foster Children Week April 22-29, 1978. -000- Ordinance No. 78,-48 transferring funds; and authorizing the purchase of heavy equipment was considered: ORDINANCE NO. 78-48 ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL PERIOD COMMENCING OCTOBER 1, 1977, AND ENDING SEPTEMBER 30, 1978, BY TRANSFERRING $71,891. 18 FROM THE UNAPPROPRIATED FUND BALANCE TO ACCOUNT NO. 98-503; $11 ,000 FROM ACCOUNT NO. 52-503 TO ACCOUNT NO. 98- 503; TRANSFERRING $48, 000 FROM ACCOUNT NO. 42-503 TO ACCOUNT NO. 98-503; AWARDING BIDS FOR VARIOUS VEHICLES AND HEAVY MACHINERY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Williams. Question: Ayes : All Nayes: None -000- Resolution 78-134 authorizing the award of bid to Beaumont Chemical Company for fl..irnishing twenty-two (22) 100-1b. drums of calcium hypochlorite for use by the Parks Department at a cost of $1,318 .90 was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question: Ayes : All Nayes: None -000- April 18, 1978 Resolution 78-135 authorizing the award of bid to Overhead Door Company of Beaumont , Inc . for furnishing two (2) overhead doors for the Fire Mainte- nance Shop at a cost of $1 , 930. 00 was approved on a motion made by Council- man Evans and seconded by Councilman Combs. Question: Ayes : All Nayes: None -000- A resolution authorizing the award of bid and the execution of a five-year contract with S & S Food Distribution Corporation for furnishing a conces- sion contract for certain City facilities (Harvest Club, Y.M.B.L. Hall, Athletic Complex and City parks) was considered. After a lengthy discussion, Councilwoman McGinnis made a motion to approve the resolution; motion was seconded by Councilman Evans. Question : Ayes: Councilwoman McGinnis Councilman Evans Nayes: Councilman Combs Councilman Williams Abstained: Mayor Meyers The motion failed for lack of majority vote. It was decided generally to reconsider the item in the Workshop Session following the regular session. -000- Ordinance No. 78-49 amending the specific use permit parking requirements for high-rise apartments to be used exclusively by the elderly, .handicapped or disabled by changing the requirement from one and one-half (1-i spaces per dewlling unit to one (1) space per three (3) dwelling units (made to conform with the Department of Housing and Urban Development 's lesser re- quirements) was considered: ORDINANCE NO. 78-49 ENTITLED AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, BY AMENDING SECTION 42-20.3 , SUBSECTION (k) , ESTABLISHING MINIMUM PARKING REQUIREMENTS FOR CERTAIN HIGH-RISE USES; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Williams and seconded by Councilwoman McGinnis. Question : Ayes: All Nayes : None -000- Resolution 78-136 accepting additional securities pledged against the City's Time and Demand Deposits in the amount of $3,140,000 (total deposits pledged $44, 047, 000) was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Williams. Question : Ayes: All Nayes : None -000- Resolution 78-137 authorizing the execution of an agreement between the City of Beaumont Health Department and the Department of Nursing, Lamar University was approved on a motion made by Councilman Evans and seconded by Councilman Williams. Question: Ayes : All Nayes : None -000- April 18, 1978 Resolution 78-138 accepting a utility easement (extension of a water line) from Weingarten Realty, Inc . for Westmont Shopping Center on Phelan/Dowlen was approved on a motion made by Councilman Combs and seconded by Council- woman McGinnis. Question: Ayes: All Nayes : None -000- Resolution 78-139 authorizing the loan of the old Fire Department steam whistle to the Fire Museum of Texas, located in Grand Prairie, Texas was approved on a motion made by Councilwoman McGinnis and seconded by Coun- cilman Williams. Question: Ayes : All Nayes: . None -000- Resolution 78-140 authorizing M. L. Lefler, Jr. to appraise land needed for right-of-way to improve the intersection of Florida and Highland (Project No. 71-74-082) at a cost not to exceed $1,500. 00 was approved on a motion made by Councilman Williams and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes : None -000- Resolution 78-141 authorizing final payment of $18, 500 to Lupton Painting Company for the cleaning and painting of the exterior of the 1 . 0 M.G. elevated water storage tank located at Kenneth and Harriot Streets was ap- proved on a motion made by Councilman Evans and seconded by Councilman Combs. Question: Ayes : All Nayes: None -000- Resolution 78-142 authorizing the acceptance for City maintenance the water, sanitary sewer, storm sewer, and street improvements in Calder Highlands Extension, Lots A through D, Block 38; and Lots E through H, Block 39 (Arthur Street from Crow Road westward) was approved on a motion made by Councilman Williams and seconded by Councilwoman McGinnis. 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. 87 which crosses Franklin Street between Trinity and Archie 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 SPUR TRACT 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 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. April 18 , 1978 The ordinance was passed to its second reading on a motion made by Council- woman McGinnis; Councilman Evans seconded the motion . Question: Ayes: Mayor Meyers Nayes: Councilman Councilman Combs Williams Councilwoman McGinnis Councilman Evans -000- Council discussed the need for a grantsman on staff (full-time or part-time) to insure against losing grants the City is qualified to receive. -000- As a result of a citizen complaint , Councilman Williams asked the City Attorney if the land adjacent to the Public Boat Ramp at the end of Pine Street is public land. He was told it is private land. A general discus- sion concerning the need to purchase or lease the property for public park- ing and park use was held. Staff will make a report concerning this matter. -000- Councilwoman McGinnis mentioned the renewal of a complaint she has received concerning employees of the Post Office on Gladys Street parking all day on Central Drive. The City Manager told her parking could not be partially restricted. The Post Office is to be contacted to request that their em- ployees use the parking lot provided for them. -000- Mrs . Delia Harrington, 815 Willow Street , addressed Council to welcome the newly seated members. Mrs. Florine Teno, 3210 Case Street , addressed Council to express her con- cern for the need of public use of the property adjacent to the Boat Ramp at the end of Pine Street . Mr. Albert Koontz, 1620 Euclid Street , urged the news media to give news coverage of the loan of the steam whistle to the Fire Museum of Texas and also to voice his agreement for the need of a City grantsman. Mr. J. C. Leggett , 1849 Washington Blvd. , addressed Council to complain about the poor condition of the railroad tracks on Sabine Pass . Mr. Floyd Guillory, president of Beaumont Paramedic Ambulance Service, addressed Council to request a meeting with City Council and staff to further discuss the ambulance ordinance that will take effect July, 1978. This meeting is to be scheduled in the near future. -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 April 18, 1978. Myrtle Corgey City Clerk April 18, 1978