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HomeMy WebLinkAboutMIN DEC 23 1980 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD DECEMBER 23, 1980 BE IT REMEMBERED that the City Council of the City of Beaumont, Texan, met in regular session this the 23rd day of December, 1980, with the following present: HONORABLE: Maurice Meyers Mayor Tom Combs, Jr. Councilman, Ward I Evelyn M. Lord Councilman, Ward II Wayne Turner Councilman, Ward IV *Absent: Calvin Williams Councilman, Ward III Ray A. Riley City Manager R. E. Platt Asst. City Manager Kenneth Wall City Attorney . Myrtle Corgey City Clerk * Councilman Williams ' Grandmother passed away; funeral to be in the afternoon, December 23, 1980. Mayor and Council expressed their condolences to the Williams Family. -000- Prior to the Invocation, Mayor Meyers asked that the Council meeting be dedicated and be reflected in the Council minutes that the meeting is dedicated to Reverend Dave McKechnie, Pastor of the St. Andrew' s Presbyterian Church, who will be leaving our community to pastor a church in the City of Houston. Mayor Meyers pointed out that Reverend McKechnie had been a friend to the entire community, as well as a close friend of his. "There is something about his business that seems to keep people moving and each time they do they take a little piece with them and you hope that someone can come along behind them to replace it. So, on be- half of the Council and this community, we sincerely express our . appreciation not just for his ministry, but for the things he has done throughout the community, many of which will stay private and close to the people he has worked with. " Members of Council wished Reverend McKechnie well and presented him with a City of Beaumont tie tack. The Invocation was then given by Reverend David McKechnie. The Pledge of Allegiance was led by Councilman Lord. -000- Council acknowledged the gift of a poinsettia, plant from Errol and Sharon Eaves which expressed their appreciation to Council for the job they have done for the City of Beaumont. -000- The following items on the Consent Agenda were considered: Approval of the minutes of Council Meeting held December 16 , 1980. -226- December 23, 1980 i Resolution 80-466 authorizing the purchase of a letter cutting machine and die sets from Pinkley & Associates, in the amount of $ 023. 50 for the Traffic & Transportation Department. On a motion made by Councilman Lord; seconded by Councilman Turner, the Consent Agenda was approved. QUESTION: AYES: All NAYES: None -000- REGULAR AGENDA Ordinance No. 80-118 amending Chapter 30 of the Code of Ordinances by changing a 0. 54 acre tract out of the W. B. Dychess Survey from R-lA to LR-1 was considered: ORDINANCE NO. 30-118 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING A 0. 54 ACRE TRACT OUT OF THE W. B. DYCHES SURVEY, BEAUMONT, JEFFERSON COUNTY, TEXAS AS HEREINAFTER DESCRIBED, PRESENTLY ZONED R-lA TO LR-1; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. After some discussion, Ordinance No. 80-118 was adopted on a motion made by Councilman Combs; seconded by Turner. Relative to the above Ordinance, Councilman Combs made a motion to instruct the Planning Staff to establish a land use study on the Highway 105 and Windemere Area in order to establish a good zoning pattern. Councilman Lord seconded the motion. QUESTION: AYES : All NAYES: None -000- Ordinance No. 80-119 amending Chapter 30 of the Code of Ordinances by Changing a 0. 68 acre tract out of the W. B. Dych.es Survey, from R-1A to LR-1 was considered: ORDINANCE NO. 119 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 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 BEAUMONT, TEXAS, BY CHANGING A 0. 68 ACRE TRACT OUT OF THE W. B. DYCES SURVEY, BEAUMONT, JEFFERSON COUNTY, TEXAS, AS HERE- INAFTER DESCRIBED, PRESENTLY ZONED R-lA TO LR-1; PROVIDING FOR SEVERABILITY; AND PRO- VIDING A PENALTY. Councilman Turner moved adoption of the Ordinance; seconded by Councilman Combs. QUESTION: AYES: All NAYES: None -227- December 23 , 1980 -000- Ordinance No. 120 amending Chapter 30 of the Code of Ordinances by changing a 6. 0 acre tract out of the W. B. Dyches Survey from R-lA to R-2 was considered: ORDINANCE NO. 120 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS , BY CHANGING A 6 . 0 ACRE TRACT OUT OF THE 11. B. DYCHES SURVEY, BEAUMONT, JEFFERSON COUNTY, TEXAS, AS HEREINAFTER DESCRIBED, PRESENTLY ZONED R-lA TO R-2 ; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. Councilman Combs moved adoption of the Ordinances; seconded by Council- man Lord. QUESTION: AYES : All NAYES: None -000- An ordinance changing a 4 . 39 acre tract of land in the 7700 Block of Tram Road, in the W. B. Dyches Survey, from R-1 to R-2 , was referred to the Planning Department for further study on a motion made by Councilman Combs; seconded by Councilman Lord. QUESTION: AYES: All NAYES: None -000- An ordinance allowing use of a portion of Bristol Drive right-of-way was tabled on a motion made by Councilman Combs; seconded by Council- man Lord. QUESTION: AYES: All NAYES: None -000- Ordinance No. 121 abandoning a 10' utility easement and a 22 . 5 ' drainage easement was considered: ORDINANCE NO. 121 ENTITLED AN ORDINANCE ABANDONING A 10-FOOT UTILITY EASEMENT AND A 22. 5- FOOT DRAINAGE EASEMENT LOCATED IN LOT 22, BLOCK 17, OF THE CALDER PLACE ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS, AS DESCRIBED HEREIN. Ordinance No. 121 adopted on a motion made by Councilman Lord and seconded by Coucilman Combs. QUESTION: AYES: All NAYES : None -228- December 23, 1980 -000- Resolution 80-467 authorizing final payment, in the amount of $5700, to Shackelford-Gonzales Constructors, Inc. , for construction of two covered play areas on Pine and Liberia Parks, was approved on a motion made by Councilman Combs and seconded by Councilman Turner. QUESTION: AYES: All NAYES: None -000- Resolution 80-468 authorizing Change Order No. 1 to the contract with Gary Clark Contractors, Inc. , for construction of Tyrrell Park Rest- rooms, increasing the amount of the contract from $77, 840 to $79, 601, was approved on a motion made by Councilman Turner and seconded by Councilman Combs. QUESTION: AYES: All NAYES: None -000- Resolution 80-469 accepting a gift of stock valued at approximately $25, 000, to be used for the purchase of micro-equipment and micro- materials for the Tyrrell Historical Library, from Mr. & Mrs. W. C. Tyrrell, Jr. , was approved on a motion made by Councilman Combs and seconded by Councilman Lord. QUESTION: AYES : All NAYES: None Members of City Council expressed deep appreciation to Mr. & Mrs. Tyrrell for this generous act of philanthropy and hoped it would encourage others to do more for their community. -000- Resolution 80-470 accepting the bids received for furnishing various traffic signs and pavement marking materials for the Traffic & Trans- portation Department from 3M Company $6877 . 50; VePed Traffic Controls, Inc. $4, 192. 00; Vulcan Signs & Stampings $6, 994 . 00; Saf-T-Mark Supply Co. , Inc. $20, 121. 25 and Southwestern Materials $19, 403 . 50; a total cost of $57, 588. 25, was approved on a motion made by Councilman Combs and seconded by Councilman Turner. QUESTION: AYES: All NAYES: None -000- Resolution 80-471 accepting the bid received from International Harvester, Inc. , in the amount of $14, 480. 00, for furnishing one tractor loader with bucket for the Parks & Recreation Department was approved on a motion made by Councilman Combs and seconded by Councilman Turner. QUESTION: AYES: All NAYES: None -229- December 23 , 1980 -000- Resolution 80-472 accepting the bid of Tidelands International, Inc. , in the amount of $18 , 849. 00, for furnishing one cab and Chassis for the Street Department was approved on a motion made by Councilman Lord and seconded by Councilman Combs. QUESTION: AYES: All NAYES: None -000- Resolution 80-473 accepting the bid of Equipment Headquarters, Inc. , in the amount of $26 , 475. 00, for furnishing one integral wheel loader/ backhoe for the Water Utilities Department was approved on a motion made by Councilman Turner and seconded by Councilman Lord. QUESTION: AYES: All NAYES: None -000- Resolution 80-474 accepting the bid of Oil City Tractors, Inc. , in the amount of $11, 058.00 each, for furnishing two rubber tired trac- tors. for the Street Department was approved on a motion made by Councilman Combs and seconded by Councilman Lord. QUESTION: AYES : All NAYES: None -000- Resolution 80-475 amending Resolution 80-212 passed by Council on June 17, 1980, adopting the Signal System Plan, to provide for the installation of traffic signals at the intersections of Gladys Ave. and Central Drive and Gladys Avenue and Longfellow, approved on a motion made by Councilman Lord and seconded by Councilman Combs. QUESTION: AYES: All NAYES: None -000- Resolution 80-476 authorizing a contract with the Beaumont Chamber ,Resolution for funding the 1981 budget of the Beaumont Convention and Visitors Bureau with proceeds from the Hotel-Motel Occupancy Tax, to be paid in four quarterly payments of $81, 250. 00 each, was approved on a motion made by Councilman Combs and seconded by Councilman Turner. QUESTIONV: AYES: All NAYES: None 000- Resolution 80-477 authorizing an industrial district agreement with Mobil Oil Corporation for period beginning January 1, 1981 and ending December 31, 1987 providing for the following annual payments in lieu of taxes: 1981-$2, 530, 000; 1982-$2 , 682, 000;1983-$2, 843, 000; 1984- $3, 013, 000; 1985-$3, 375, 000; 1986-$3 , 577, 000 and 1987-$3,792, 000, approved on a motion made by Councilman Combs and seconded by Council- man Turner. QUESTION: AYES: All NAYES : None -230- December 23, 1980 -000- Mayor Meyers, Councilmen, and City Manager individually wished everyone a very Merry Christmas and the best year ever in 1981. -000- Mayor Meyers stated that he would like to take a second to share what he thought was a nice Christmas present for our City and read the following: "A $750, 000 grant has been awarded to the City of Beaumont for constructing a parking garage to be adjacent to the new Hilton Hotel, Congressman Jack Brooks announced today in Washington. The UDAG grant from the Department of HUD will be used to assist in financing the construction of a 646 space multi- level parking garage which will serve both the new Hilton Hotel and the Beaumont Civic Center. The entire project will provide additional growth to the Beaumont downtown area by attracting private investment, generating hundreds of new jobs, provide tax-base revenues and stimulating job development. I was pleased to obtain approval for this project which I believe is a worthwhile undertaking. I congratulate Mayor Meyers and the Beaumont City Council as well as the Project Developer Ben Rogers for the outstanding viable fundable application. " Mayor Meyers pointed out that this was received about 4 : 30 yesterday afternoon from Congressman Jack Brooks and that he would like to take a second because the scenario of that unfolded in making this a reality is not only unique, it is remarkable. And, first, it is a reflection of an attitude in the community that being a team effort and this was a long shot that came in and I think to pass it over as anything else would be a mistake because it took an awful lot of work and dedication on the part of a lot of people to have this come out of Washington yesterday afternoon. First, I would have to single out the developer Ben Rogers for what has to be the greatest amount of determination I have ever seen in any individual to complete a project where he makes up his mind to do. so and his commitment to the downtown hotel has remained strong. He actually initiated this UDAG approach and absolutely refused to let go of it and when his financing went real bad earlier in the year, it was he who came and said "let' s pursue UDAG. " It was that pinching there that initiated the whole approach and his com- mitment has been solid and it is unbelievable how he can get behind a project and stay with it. I would also then continue along with the effort of our Planning Department Staff and particularly Norman Whitaker. We received excellent assistance and help from Congressman Brooks and Senators Bentson and Tower. They did stay on top of the project and we thank them for that. To my right is another one of those guys who, if he gets something in his mind, you might as well accept it and go along with it be- cause he is relentless and he too is to be commended. He is not going to turn away from something he thinks can make it work. He had the opportunity to provide a' much needed meeting with us and Moon .Landrieu who is the Secretary of Housing and Urban Development. -231- December 23, 1980 You know how these politicians are, they can work some unique things and Tom knows how to get it done and he did. I would single that out quite frankly as a vital turnaround point with that application being funded. I think all of the ingredients are essential, but I know that without that particular meeting, we probably would be dead in the water. And, it didn' t matter if you said anything good about him, he has handled this matter just so well and the ability to talk turkey with those fellows up there, to me was unbelievable and I would just come back and echo what Tom said when he came back that if he wasn' t proud of Ray before he went to Washington, watching him when he was in there talking with them he surely was proud when he came back. Does that say what you said, Tom? So, winding it up to say we ' re excited, I think would be an under- statement because we are more than that. I think with the Edson Plaza now halfway finished and the new Courthouse and the previous development that has taken place, the hotel downtown with the parking facility should bring us further into the 80' s with the kind of cata- lyst that we need. I definitely think that is the major ingredient necessary for business development in the Central City. The most important thing that we have to do is to get people moving about. Not only during the day when they are working, but at night. I think the creation of the hotel and the parking facility will now permit us to bring conventions here and visitors downtown to our Central City. I think those business men who have stayed in the Central City and have continued to operate their businesses seeing the decline quite severely as more and more retail left, will now have an opportunity to be rewarded for their staying power. Also, I think now it will give a signal for those who come on board they also can be rewarded by making investments in Central City. There is no question that beyond that, this hotel and the parking facility will have tremendous impact throughout our entire community as it relates to economic development because we have all said it many times that if you have a viable Central City; if you have a central business district that is alive and a reflection of good health, it signals good health for the entire community and I think it will make the efforts of everyone a lot easier as we go about trying to encourage new industry and expansion of existing ones. Again, I would like to single out Ben Rogers for his commitment and dedication to the project. We know that the UDAG grant came through, but we would also like to recognize that there would be no UDAG grant; there would be no announcement yesterday were it not for the fact he stayed hitched to the building of that hotel. So, I would extend to everyone a very Merry Christmas. I think the outlook for our city is positive as we move into 1981. . . . . . . .Mayor Meyers -000- Mr. J. C. Leggett, 1849 Washington Blvd. talked about poor condition of various streets in the City -- Calder Avenue, Calder at 11th and Victoria at Orange -000- There being no further business, the meeting was recessed before continuing 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 regular City Council session held December 23, 1980 . Myrtle Corgey, City Clerk -232- December 23 , 1980 Excerpt from Public Hearing held December 23, 1980, immediately following the Regular 1: 00 P.M. , City Council Meeting, relative to Urban Mass Transportation Grant to provide three handicapped accessible (Para- transit) vans and various equipment items. Page 1. City Manager: We do have a public hearing scheduled relative to the City' s Para- transit Grant application and would like to call on Mr. Clyde McManus or Mr. Mike Cacioppo to explain the application. This is actually the second hearing we have had and it is necessary to quality the application regarding the regulations which allow for publication and public hearing. Mayor Meyers : Let me declare this public hearing now open. . .this public hearing on the City ' s Paratransit Grant Application and will turn it over to Clyde. Clyde McManus: Thank you. To kinda bring us up-to-date with where we are and, I guess, the purpose of our public hearing, let me recap where we have been. If Council will recall in June of this year, a public hearing was held on the transition plan. That plan is required by the Federal Government to comply with Section 504 regulations as they relate to the Mass Transit Systems. An integral part of the City' s transition plan is the provision of demand responsive transportation service to handicapped individuals with the City. We felt at that time that the public hearing should have sufficed as the hearing for the actual grant application for the vans themselves. Once UMTA had reviewed the application, they felt a separate public hearing was necessary on this project and should be spoken to just strictly in terms of the application for the vans themselves. In recapping the amounts of money involved. in the application, the total grant is estimated at this point to be $72, 450; $60, 000 of this is for the purchase of three wheelchair lift equipped vans. Each of these will have a radio. The total estimated cost for all three radios is $7500. There is a $1500 item in the grant also for miscellaneous maintenance equipment -- tune up equipment for the vans to keep them .in proper working order and that sorta thing. This all totals $69, 000 and there is a $3450. contingency fee in the application itself, bringing the total to $72, 450 . The appli- cation is presently being processed by UMTA and this hearing will be, I believe, one of the last things that we need to do prior to approval of the grant and our going further with the program. Mayor Meyers: Thank you, Clyde. With that information as presented, I would ask if there are any citizens here who would care to comment relative to the paratransit grant application at this public hearing portion. Mrs. Marie McDaniel, 1410 Edson Street, Beaumont, Texas: . I represent Schlesinger' s Center and we see a great need for the vans for the handicapped. We are fortunate to have one, but we have many Excerpt from Public Hearing held 12-23-80 Relative to Urban Mass Transportation Grant to provide three handicapped accessible (Paratransit) vans ­Page 2. Mrs. McDaniel Continues calls from the community requesting to use our van. In fact, we could use quite a lot of other. . .times we could even use a van for social needs and this is very important to meet the total needs of the resi- dents. We know from our statistics, being a medicare facility, that we do have a number of the elderly who are admitted with stroke diag- nosis. This certainly does not need to be a fatal situation. It can be a very fruitful life if we do provide for it. So, I feel that these people need a way to go out. . . look around. . .go to the physician if that is what they need and also some social outing as well as business. With your permission, I would like to have Kathy Phelps come speak with you from our Social Activity Department with more information. Thank you. Mayor Meyers: Thank you Mrs. McDaniel. We really appreciate your taking the time to come down to speak at the hearing. Kathy Phelps, 5410 Landry Lane, Beaumont, Texas: Mrs. McDaniel pretty well covered everything I had wanted to say. Out of our 385 residents we have 160 in wheelchairs and they need to go to the post office; they need to go to City Fall to take care of their business; they need to go to the bank to take care of their business concerning property and, as Social Services Director, we are just overwhelmed with transportation requests just from our residents. About the only needs that we can meet are the medical needs. Our first responsibility is to see that they do have the medical care they need and not all of them do have families in the area that can get them out to the doctor and so we are staying on the roads just taking care of this one small area and as Mrs. McDaniel said, you know, emotionally people need to get out. Very few of us can stay in one room or one building 24 hours a day forever without getting depressed and withdrawn and I believe this goes for the handicapped people in their own homes. They need to.. get out in the community; to feel a part of the community and I think we are overlooking this and I think it is something very important that we. have to consider. They need this transportation; they need to be out. . .able to get out of their homes. We need the relief. I feel like we are running a little transportation department of our own at Schlesinger' s. I enjoy working with Mike and getting more bus service out there. As Mrs. McDaniel said, we have a lot of requests from the community; they call and say their mother or father has to go to the doctor and there' s no transportation available. All I can do is refer them to. the other sources and, from what I 've heard, there just isn' t the wheelchair vehicles in this area to get people to as basic a need as getting to the doctor when they are ill. There is no to take care of these people. And, we just need the wheelchair van and hope we are able to get them pretty soon. Thank you. Mayor Meyers: Thank you very much. We also appreciate your coming to speak at the hearing. Is there anyone else who would care to make any Excerpt from Public Hearing held 12-23780 relative to Urban Mass Transportation Grant to provide three handicapped accessible (Paratransit) vans - Page 3. Mayor Meyers continues: comments during this portion of our open hearing? J. C. Leggett, 1849 Washington Blvd. , Beaumont, Texas: I am mighty glad to see this program being advanced and I hope that it comes to full production. I am glad to see that this committee has centered on three instead of two for one might have to be in the garage being worked on sometime when the other two can be handling calls in the north and south of the City. , So, the third one is mighty nice to have along with the other two. Now, that' s all for that. . . I want to talk about some other stuff. Mayor Meyers : Can I not deny you that opportunity, but while we have the public hearing open, it is not the regular time to speak on the others, but we will have you back in just a minute. . .okay Mr. Leggett? Don' t go far, we' ll have you right back. Is there anyone else that would care to comment while we have this specific portion of the public hearing open? Being no further comments, then I would declare the public hearing on the City' s Paratransit Grant application closed and we thank you for your participation. . .Ray. . . City Manager: I believe that is a requirement of the application and it does not. . . we have already approved the application and this will satisfy the . requirement. Those comments will be included and the information will be provided to the Department of Urban Mass Transit. Mayor Meyers: Thank you very much. I, Myrtle Corgey, City Clerk of the City of Beaumont, Texas, do hereby certify that the above and foregoing is a true and correct copy of an excerpt from the Public Hearing held December 23, 1980, in the City Council Chambers, Beaumont, Texas, relative to Urban Mass Transportation Grant to provide three handicapped accessible (Paratransit) vans and various equipment items needed to implement the Beaumont Municipal Transit Paratransit Project. Given under my hand and seal of the City of Beaumont, Texas, this the 30th day of December, 1980. City Clerk Before me, the undersigned authority, on this day personally ap- peared Myrtle Corgey, City Clerk of the City of Beaumont, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this the 30th day of December A.D. , 1980. Zia S. Thomas, Notary for My coruaission expires 4-30-81 State of Texas t NOTICE OF A PUBLIC HEARING TO BE HELD IMMEDIATELY FOLLOWING THE REGULAR 1 : 00 P .M. CITY COUNCIL MEETING Notice is hereby given that a Public Hearing will be held by the City of Beaumont , Texas on Tuesday, December 23 , 1980 , . immedi- ately following the 'regular 1: 00 p .m. , City Council meeting for the .p'urpose of considering a capital assistance , project to be funded under Section 5 of the Urban Mass Transportation Act of 1964', as. amended. The capital assistance grant will provide for the purchase of three (3) handicapped accessible (paratransit) vans and various equipment items needed to implement the Beaumont Municipal Transit. Paratransit Project . The wheelchair lift equip- ped -vans will enable Beaumont Municipal Transit , BMT , to provide demand responsive transportation to eligible handicapped persons of Beaumont . The equipment items will aid in the operation of the paratransit program and the maintenance of the handicapped accessible vehicles . The initial capital cost of the project is estimated at $72 ,450 of which $57 , 960 will be Federal funds , $9 , 418 will be State funds and $5 , 072 will be from the City ' s Transit Improvement Fund . A total operating deficit of $51,.450 is estimated for the first year with 50% of the deficit derived from. Federal funds and 50% derived from City funds . The project is descibed_ in the City of Beaumont Transition Plan for introducing handicapped accessible transportation as required under Section 504 of the Rehabilitation act of 1973 . The Transition Plan proposes that BMT provide interim handicapped accessible transportation until program accessibility is achieved . No persons will be displaced by this project . This project is in conformance with comprehensive land use and transportation planning in this area.' Due to the improved facilities that will result from this project, economic, social and environmental impacts will be favorable . The project will address the special needs of the elderly that are handicapped and the physically handicapped . At the public hearing,, the City of Beaumont will afford an opportunity for interested persons or agencies to be heard with respect to the social, economic, and environmental aspects of the project . The application in draft form, the Transition Plan and the draft report describing the environmental , social and economic impacts of the proposed project are available for public inspection at . Ci,ty Hall, Room 220, Traffic & Transportation Department , Beau- mont ,' Texas . / Myrtle Corgey �" S City Clerk