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HomeMy WebLinkAboutMIN JAN 03 1984 b REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JANUARY 3, 1984 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas, met in regular session this the 3rd day of January, 1984 , 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 David W'. Moore Councilman, Ward IV Karl Nollenberger City Manager Lane Nichols Asst . City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by Dr, Dudley Wilson, Calder Baptist Church. The Pledge of Allegiance was led by Councilman Lord. -000- One proclamation was issued: "Bowling Week in Beaumont" - January 8-15, 1984 . -000- The following Consent Agenda items were considered: Resolution 84-1 authorizing rental of a bulldozer from Speedway Service Company of Silsbee at $40. 00 per hour with operator for use at the land- fill when City equipment is not available; Resolution 84-2 accepting the Traffic Signal Improvement Project as com- plete and authorizing final payment of $2, 810.41 to D & S Barricading, contractor (total contract - $60,813. 0:0) ; Resolution 84-3 authorizing Change Order No. 2 to the contract with Troy Dodson Construction Company for the Phelan Boulevard TIP Project to re- place a section of 6" asbestos cement water line and its connectors with 6" cast iron water line with cast iron fittings because of the close proximity to the pavement at a cost of $1 ,730.00, increasing the project amount from $3,265,918. 75 to $3,266,648.75; and Resolution 84-4 appointing Kenneth Bartos to the Senior Citizens Advisory Commission to fill the unexpired term of Alice Jefferson Taylor , term to expire September 30, 1985; Bettye Smith to the Transit Advisory Committee, term to expire June 30, 1985; and reappointing Virginia Stansbury to the Senior Citizens Advisory Commission, term to expire September 30, 1985. The Consent Agenda was approved on a motion made by Councilman Lord and seconded by Councilman Cox. Question : Ayes: All Nayes : None -000- Ordinance No. 84-1 changing the zoning from RS (Residential Single Family) to RM-H (Residential Multiple Family - High Density) or a more restrictive district for four tracts, two located approximately 1 ,350 feet north of the intersection of Major Drive and the centerline of Dishman Road; two located 950 feet north and 1 ,467 feet east of Major Drive and the center- line of Dishman Road (requested by Oscar Wu) was considered: -I January 3 , 1984 ORDINANCE NO. 84-1 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 THE ZONING FROM RS (RESIDENTIAL SINGLE FAMILY) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY - HIGH DENSITY) DISTRICT ON PROPERTY AS DESCRIBED BELOW; PRO- VIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING FOR A PENALTY. The Planning Commission recommended approval of the request for the two tracts totalling 8. 5 acres on Major Drive (western tracts) and denial of the remaining 4. 9 acres (eastern tracts) by a vote of 5 to 0. The request for zone change for the eastern tracts was submitted in anticipa- tion of the construction of Delaware Avenue from Dowlen Road west to Major Drive. Staff recommended_ denial of the eastern tracts, because the proposed Delaware alignment is not final and construction is not antici- pated to begin in the near future and cannot support a change to RM-H with no relation to the surrounding zoning pattern. The ordinance as recommended by the Planning Staff and Planning Commission was approved on a motion made by Councilman Cox and seconded by Councilman Deshotel . Question : Ayes: All Nayes : None -000 Ordinance No. 84-2 issuing a Specific Use Permit Co build a dentist ' s office in an RM-H ('Residential Multiple Family - High Density) district at 3485 Delaware (requested by Alan McNeil , attorney for Dr . Kent Dezelle) was considered: ORDINANCE NO. 84-2 ENTITLED AN ORDINANCE . I'SSUING A SPECIFIC USE PERMIT FOR A DENTISTS' OFFICE AT 3485 DELAWARE. The ordinance was approved on a motion made by Councilman Moore and se- conded by Councilman Lord. Question : Ayes: All Nayes : None -000- Ordinance No. 84-3 issuing a Specific Use Permit to establish a private school in an RS (Residential Single Family) district at 8001 Old Voth Road (requested by Christian Schools of Beaumont ) was considered: ORDINANCE NO. 84-3 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A PRIVATE SCHOOL AT 8001 OLD VOTH ROAD. The ordinance was approved on a motion made by Councilman Lord and se- conded by Councilman Cox. Question : Ayes : All Nayes : None --000- Ordinance No. 84-4 abandoning a 15-foot general utility easement in Tracts 2 and 3 , Plaza 10 Addition (requested by Mark Whiteley, engineer for the owner, Jerry Alb) was considered: ORDINANCE NO. 84-4 ENTITLED AN ORDINANCE ABANDONING A 15-FOOT UTILITY EASEMENT LOCATED IN TRACTS 2 AND 3 , PLAZA 10 ADDITION,. BEAUMONT, JEFFERSON COUNTY, TEXAS. -2- January 3 , 1984 i Currently Bell Telephone has buried cable and Gulf States Utilities has a 13K volt service line in this easement . Staff and Planning Commission recommended approval of the abandonment subject to submittal of written agreements between the owner and Gulf States Utilities Company and the owner and Bell Telephone Company for possible relocation of service lines if necessary. The ordinance was approved as recommended on a motion made by Councilman Cox and seconded by Councilman Lord. Question : Ayes: All Nayes : None -000- Ordinance No. 84-5 abandoning a 20-foot alley in Block 16, Calder Addi- tion and retaining it as a general utility easement was considered : ORDINANCE NO. 84-5 ENTITLED AN ORDINANCE VACATING AND ABANDON- ING A 20-FOOT ALLEY LOCATED IN BLOCK 16, CALDER ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. The ordinance was approved on a motion made by Councilman Lord and se- conded by Councilman Moore. Question : Ayes: All Nayes : None -000- Ordinance No. 84-6 abandoning a 15-foot utility easemenj between Lots 3 and 4, Block 4, Executive Business- Plaza (requested by Norstok Building Systems, general contractor, for Gillian Interests) was considered: ORDINANCE NO. 84-6 ENTITLED AN ORDINANCE ABANDONING A 15-FOOT UTI'LI'TY EASEMENT LOCATED BETWEEN LOTS 3 AND 4 , BLOCK 4, EXECUTIVE BUSINESS PLAZA, BEAU- MONT, JEFFERSON COUNTY, TEXAS. Currently Gulf States Utilities has a 13K volt service line in this easement . Staff and planning Commiss-ion recommended approval of the abandonment subject to submittal of a written agreement between the owner and Gulf States for possible relocation or replacement of this service line. The ordinance was approved as recommended on a motion made by Councilman Moore and seconded by Councilman Cox. Question: Ayes: All Nayes : None -000'. Resolution 84-5 authorizing execution of the Kyle Plaza UDAG agreement (terms call for the City, of Beaumont to loan $5,000,000 of the $5, 050,000 UDAG to the developer as a second mortgage for repayment to the City over a 20-year period from cash flow generated by the project - UDAG principal and interest payments must be used by the City for neighborhood revitali- zation or economic development activities eligible under CDBG regulations; remaining $50, 000 of UDAG for City administration costs) was approved on a motion made by Councilman Lord and seconded by Councilman Moore. Question : Ayes: All Nayes : None -000- Ordinance No. 84-7 establishing the 9-member Emergency Medical Services Advisory Commission was considered : ORDINANCE NO. 84.-7 ENTITLED AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ESTABLISH AN EMERGENCY MEDICAL SERVICES COMMISSION. + -3- January 3 , 1984 i The ordinance was approved on a motion made by Councilman Lord and secon- ded by Councilman Deshotel . Question : Ayes: All Nayes : None -000- Resolution 84-6 letting a contract with Bella Company for the construc- tion of the Prince Street outfall extension in the amount of $166,187. 57 was approved on a motion made by Councilman Lord and seconded by Council- man Cox. Question : Ayes : All Nayes : None -000-- Resolution 84-7 authorizing purchase of a station wagon from Kinsel Ford, Inc. at $9, 131.79 was approved on a motion made by Councilman Moore and seconded by Councilman Lord. Question : Ayes: All Nayes : . None -000- Resolution 84-8 authorizing one-year contracts for road oil with Texaco, Inc. (MC-30, RC-2 and AC-Open) and Texas Emulsions (EA-Open) was approved on a motion made by Councilman Lord and seconded by Councilman Cox. Question : Ayes: All Nayes : None -000- Resolution 84-9 authorizing settlement of a lawsuit styled as Signal En- gineering v. the City of Beaumont and Multisonics, Inc.,. was considered. Signal Engineering was the contractor for the computerized traffic signal system in downtown Beaumont . Multisonics was subcontractor who supplied various items of computer equipment for the project . Because of delays in completing the project, the City retained the sum of $46,410.00 as liquidated damages. Signal claimed the delay was the responsibility of Multisonics. Settlement has been reached by which the City will pay the retainage to Signal . Multisonics will provide the City, without charge, various items of computer equipment within 90 days of the settlement . In addition, Multisonics will guarantee firm prices for certain equipment and services for the term of three years following the date of judgement . The resolution was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question: Ayes : All Nayes : None -000- Resolution 84-10 authorinig execution of a contract with the State Health Department for the period September 1, 1983 through August 31 , 1984 for funding in the amount of $136,363. 96 ($134, 163. 96 for salaries for the City Health Authority, Director of Nursing, Senior General Public Health Nurse, a maternal and child health nurse and maternal and child clerk and $2,200. 00 for clinician fees) was approved on a motion made by Coun- cilman Lord and seconded by Councilman Cox. Question: Ayes : All Nayes : None -000- Resolution 84-11 approving the contract with the Beaumont Police Officers Association for the period October 1 , 1983 through September 30, 1984 was approved on a motion made by Councilman Lord and seconded by Council- man Moore. Question : Ayes: All Nayes : None -000- -4- January 3 , 1984 r Councilman Moore complimented the Fire Department for their outstanding response to the "Cold" weather crisis. Councilman Lord mentioned telephone calls she had received from citizens concerned about others burning items in their fireplaces that allowed sparks or live cinders to fly from their chimneys and the potential fire hazard from these. She asked the City Attorney' s Office to report on the types of items that can be burned safely in fireplaces. -000- Mr. Clifton Audilet , 5610 Washington Boulevard, addressed Council to pre- sent a petition contining 1 ,000 plus signatures requesting that the name of Washington Boulevard not be changed. Others speaking in. opposition to the proposed name change for Washington Boulevard were: Dr. Gary Baine, 2518 Evalon; Mike Williams, 2890 Wescalder; James Stewart , 9280 Washington; Dean Rayburn, 9310 Washington ; Cecil Pour- ner , 965 Palermo; Fred Sachitano, 1835 Washington; Charlie Pounders , 8075 Washington; C. L. "Sonny" Sherman, 585 Belvedere; Mrs. Esther Cascio, 1845 Washington; J. C. Leggett , 1849 Washington ; Herman Crocker, 8555 Old Voth Road; 0. B. Vincent , 3205 Kenneth; Bob Howard, 5125 Linda; and Sue Cambia, 1890 Wescalder. Those speaking in support of the recommendation by the Human Resources Com- mittee to change the name of Washington Boulevard to Dr. M. L. King Drive were: Mr. Arthur Randall , 4625 Bealle; Dr. Harvey C. Johnson, Co-Chairman of the Human Resources Committee; and Mr. Paul Brown, 4370 Cartwright . Mr. Kevin Brady, representing the Beaumont Chamber of Commerce, addressed Council to first congratulate Miss Sherell Cockrell on her promotion to Director of Planning and second to request that the City no consider poli- cies governing Industrial Development Revenue Bonds before thorough study by the Chamber and others for imput to the City and said that the Chamber won' t meet for such before January 24th. -000- 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 ses- sion held January 3, 1984 . Myrtle Corgey City Clerk -5- January 3 , 1984