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MIN NOV 26 1985 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD NOVEMBER 26, 1985 -- 1 :15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 26th day of November, 1985, with the following present: HONORABLE: William E. Neild Mayor Joseph D. Deshotel Councilman At Large G. Wayne Turner Councilman. At Large Nell Pruitt Weisbach Councilman, Ward I Mike Brumley Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV C. A. Shelton Interim City Manager Lane Nichols City ,Attorney -000- The Invocation was given by Dr. Bill Scales, pastor of Trinity United Methodist Church. The Pledge of Allegiance was led by Mayor Neild. -000- 00 proclamation was issued: "National Home Care Week in Beaumont" - December 1-7, 1985. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held November 19, 1985; Resolution 85-405 authorizing the pledge of $9. 5 million in securities by Texas Commerce Bank-Beaumont, N.A. and $25,000 in securities by MBank- Beaumont and the release of $9.5 million in securities by Texas Commerce Bank -Beaumont, N. A. used as collateral for City deposits; Resolution 85-406 authorizing purchase of a van from J. K. Chevrolet, Inc. at $20,674.45 for use by the Police Department Investigative Division for surveillance purposes; and Resolution 85-407 appointing Gary Srover, term expiring February 28, 1986 and reappointing Dr. R. T. Douthat and G. I. Holmes, terms expiring February 28, 1987, to the EMS Commission; reappointing Leo Lemell to the Airport Advisory Commission, term expiring May 31, 1987; reappointing Novella Lumbert and Marilyn Johnson to the Senior Citizens Advisory Commission, terms expiring September 30, 1987 and reappointing Dora Nisby to the Library Commission, term expiring October 31 , 1987. -2067- November 26, 1985 The Consent Agenda was approved on a motion made by Councilman Turner and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Public comment was called for Agenda items 10 through 13: Mr. Ed Orr, 3330 Evalon, addressed Council to question Agenda Item 11, settlement of a case styled Plymouth Village Trust v. Beaumont Consolidated Taxing Authority, and whether the City had an established policy for settling tax cases at less than 100 percent. City Attorney responded that authority to settle any and all claims and lawsuits is given City Council by the City Charter. -000- A public hearing was held to consider citizen comments on the Tax Increment Zone. Mr. Norman Whitaker, Director of Planning, told Council the revised plans authorize purchase of two tracts of land for use by the Beaumont Art Museum; provision of landscaping and sidewalk improvements in the public rights-of- way adjacent to the Art Museum and provision of landscaping and sidewalk improvements for a festival market place and the elimination of two blocks of property, including the Stedman Building site, from the Reinvestment Zone. Mayor Neild opened the public hearing to allow citizens to be heard concerning the Tax Increment Zone: No citizens wished to address Council. The public hearing was closed. Ordinance No. 35-119 adopting revisions in the Tax Increment Zone Project and Financing Plans (Reinvestment Zone No. 1) was considered: ORDINANCE NO. 35-119 ENTITLED AN ORDINANCE APPROVING AN AMENDMENT TO THE PROJECT PLAN AND FINANCING PLAN AND AMENDING THE BOUNDARIES OF REINVESTMENT ZONE N0. 1, CITY OF B;EAUMONT, TEXAS. The ordinance was approved on a motion made by Councilman Brumley and seconded by Councilman Turner. Question: Ayes: All Nayes: None -000- -268- November 26, 1935 Ordinance No. 85-120 amending Sections 30-(b), 30-26G and 30-40F of the Zoning Ordinance (clarifying existing definitions of signs, portable signs, owner identification signs and mobile homes; clarifying time limits for commencement of construction under Specific Use Permits and modifying the provision concerning automatic approval to Specific Use Permits tinder certain conditions) was considered: ORDINANCE NO. 35-120 ENTITLED AN ORDINANCE AMENDING CHAPTER 30, SECTION 30-4(B) AND ADDING NEW DEFINITIONS FOR PORTABLE SIGNS AND MOBILE HOMES; AMENDING SECTIONS 30-25(G) AND 30-40(F) OF THE CODE OF ORDIiNANCES OF THE CITY OF BEAUMONT CONCERNING ZONING REGULATIONS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question: Ayes: All Nay`s: 'None -000- An ordinance granting a Specific Use Permit for a restaurant/bar at 4415 Calder (Michael's Restaurant - requested by Ronald M. Huckaby) was considered: AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A RESTAURANT/BAR ON PROPERTY LOCATED AT 4415 CALDER, BEAUMONT, 'TEXAS. The ordinance was denied on a motion made by Councilman Brumley and seconded by Councilman Weisbach. Question: Ayes: All 'Hayes: None -000- An ordinance granting a Specific Use Permit for a night club at 6275 Eastex Freeway (Rosedale-s, requested. by Eastex Entertainment, Inc. ) was considered: AN ORDINANCE ENTITLED AN ORDINNANCE ISSUING A SPECIFIC USE PERMIT FOR A NIGHT CLUB ON PROPERTY LOCATED AT 6725 EASTEX FREEWAY, BEAUMONT, TEXAS. The ordinance was denied on a motion made by Councilman Weisbach and seconded by Councilman Turner. Question: Ayes: All Nayes: None -269- November 26, 1935 Ordinance No. 85-121 granting a Specific Use Permit for a wholesale warehouse for lawnmower parts and agricultural equipment parts at 2055 Calder (requested by Travis E. Mathews) was considered: ORDINANCE ENO. 95-121 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A WHOLESALE WAREHOUSE FOR LAWN- MOWER AND AGRICULTURAL EQUIPMENT PARIS ON PROPERTY LOCATED AT 2055 CALDER, BEAUMONT, TEXAS. The ordinance was approved on a motion made by Councilman Moore and seconded by Councilman Samuel. Question: Ayes: All Nayes: "done -000- Ordinance No. 85-122 granting a Specific Use Permit for a museum complex located at 1906 McFaddin (home of thc� late Mamie MCFaddin Ward), 1906 North (Carriage House) and 1905 McFaddin (Visitor's Information Center) was considered: ORDINANCE NO. 85-122 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A MUSEUM ON PROPERTY LOCATED AT 1906 McFADDIN, 1906 NORTH AND 1905 MCFADDIN, BEAUMONT, TEXAS. The ordinance was approved on a motion made by Councilman Brumley and seconded by Councilman Deshotel. -000- Ordinance No. 85-123 granting a Specific Use Permit for a construction storage building at 3125 Eleventh Street, requested by Tames ,3olmes Enterprises, was considered: ORDINANCE NO. 85-123 ENTITLED Ali ORDINANCE ISSUING A SPECIFIC USE PE,ZA I C FOR A Co1NS'fRUCr ION STO'!AGE BUILDING ON PROPE2'TY LOCATED AT 3125 ELEVENTH STRF,E r, BEAUMONT, TEXAS. The ordinance was approv d on a motion nade by Councilman Turner with ail amendment to the Sita ?Jan adding the requirement that the mobil homes pre3ently located on the site be removed; motion with the a-neadment was seconded by Councilman Moora. Question: Ayes: All Nayes: 'None -279- "dovember 26, 1995 Ordinance No. 85-124 granting a Specific Use Permit for an elevator_ sales, service and repair business at 950 Magnolia, requested by Allied Elevator, Inc. , was considered: ORDINANCE NO. 35-124 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR AN ELEVATOR SALES, SERVICE AND REPAIR BUSINESS ON PROPERTY LOCATED AT 950 MAGNOLIA, BEAUMONT, .TEXAS. The ordinance was approved on a motion made by Councilman Samuel and seconded by Councilman Weisbach. Question: Ayes: All Mayes: None -000- Ordinance No. 85-125 abandoning the west 250 feet of the 20-foot alley right- of-way and retention of a 20-foot utility easement between Lots 2 and 11, Block 12, Calder Addition, requested by Bill Munro to attach an awning to the existing building and to reduce setback requirements) was considered: ORDINANCE NO. 85-125 ENTITLED AN ORDINANCE VACATING AND .ABANDONING THE WESTERN 250 FEET OF A 20-FOOT ALLEY LOCATED IN BLOCK 12, CALDER ADDITION, BEAUMONT, JEFFERSON COUNTY, 'TEXAS, AND PROVIDING FOR RETENTION AS A UTILITY EASEMENT. The , ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Ordinance No. 85-126 adopting the City of Beaumont final 1985 tax roll (net taxable assessed value of all property in the City - $2,867,002,595; taxes calculate to $19,782,347.01) was considered: ORDINANCE NO. 35-126 ENTITLED AN ORDINANCE ADOPTING THE 1985 PAX ROLL FOR THE CITY OF BEAUMONT. 'The ordinance was approved on a motion made by Councilman Deshoel and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- -271- November 26, 1935 Resolution 85-403 authorizing, the City Attorney to settle a case styled Plymouth Village Trust v. Beaumont Consolidated Taxing Authority was considered. The present off!r, according to City Attorney Lane Nichols, is to pay $55,939.94 or approximately forty percent (40%) of the taxes, penalty 'Ind interest due for the years 1979 through 1984, A discussion was held concerning the proposed settlement. It was ;mentioned that another tax settlement involving a non-profit type corporation, Sunlight Manor, was made at fifty percent (50%). Concerns were also expressed because no or_'ler agreements have been reached between Plymouth Village and other taxing entities. Coiiacil-nan Sanu,vl suggested placing a stipulation on the approval that the City settle contigent to all taxing enttt_tes settling at the same level - forty parcent. Ha said that indications from Plymouth Village are they cannot afford to pay more than forty percent (40%) of the 3rnou-it due; but if settlement is made with other entities at another percentage, that percentage would apply for the City of Beaumont also. Plymouth Village is applying for a grant which cannot he given until settl:-�ment of the tax issue - settlement with all the taxing entities involved. It was suggested that all the taxing entities meet jointly with Plymouth Villa-e and work out a proposal for settlement as opposed to the City settling before other entities are approached with settlement offers. Another question asked was whether the settlement and the payment have to be paid at one time if cash-flow is a problem. Councilman Turner asked if settlement could be made at fifty percent (50%), and a schedule for payment be developed. In answer to the question of payment schedule, City Attorney Nichols reminded Council that w:- have a contract with Jefferson County for collection of taxes. He told Council that Jefferson County had expressed some concern about Beaumont settling this case without settlement by other entities. Councilman Moore asked the status of a suggestion he had :made to stop the penalty and interest and colli:oct the payment available due to the cash flow proble!n of Plymouth Village and accept the balance under a payment plan. City Attorney Nichols told Council that Plymouth Village had not requesters settlenent in this manner nor asked that all taxing entities meet together for a joint sole Lion to the problem. Councilman Deshotel said he would only consider accepting below ona hundred percent (100%) of taxes due if Council action would force the apartment complex to close and would predicate his decision on their ability to remain there and provide low income housta,, but said that no information had been furnished Council concerning HUD's involvement or requirements for receipt of a grant. He asked for information concerning requirements Plymouth? Village must meet in order to comply with federal regulations to receive the necessary funding to continue their operation and become current with their 1935 taxes. -272-- November 26, 1985 After further discussion, Councilman Samuel made a motion to approve the Resolution 85-408 contigent upon all the taxing entities agreeing with the same percentage; Councilman Deshotel seconded the motion. Question: Ayes: Mayor Neild Nayes: Councilman Turner Councilman Councilman Brumley Deshotel Councilman Weisbach Councilman Samuel Councilman Moore -000- Resolution 85-409 authorizing purchase of 26 patrol units (16 patrol units and 10 patrol units with light bars) for the Police Department from Mingle Dodge, Beaumont, at an amount of $323,182.88 was approved on a motion made by Councilman Moore and seconded by Councilman Weisbach. In answer to a question concerning budget discussions of delayed delivery of some of these units, Mrs. Denmon, Purchasing Agent, told Council delivery of 10 of these units would be made after March 15, 1986. Question: Ayes: All Nayes: None -000- Resolution 84-410 authorizing purchase of four 4-door sedans from Beaumont Motor Company at $33,698.04 and six 2-door sedans from J. K. Chevrolet at $35,117.40 for use by the Water Utilities Department was approved on a motion made by Councilman Deshotel and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Mrs. Noreen Orcutt, Westhaven Apartments, 3875 N. Major Drive, addressed Council to request that the speed limit for N. Major Drive, from Gladys Avenue to Highway 105, be lowered to 45 miles per hour because of its unsafe conditions. Mrs. Northcutt told Council that N. Major Drive is a 2-lane facility with deep ditches, no shoulder, and no street lighting and requested that this be placed on a future Workshop agenda for discussion. Mrs. Northcutt also told Council that she had a petition containing 433 signatures of area residents. -000- Mayor Neild asked that the Workshop be cancelled. -000- Councilman Turner requested that staff make a traffic study of N. Major Drive (FM 364) from Gladys to Highway 105. Councilman Brumley said that the State is presently considering lowering the speed limit to 50 mph, additional street markings and lighting. Councilman Deshotel questioned the effect of Council's request to the State's District Engineer to lower the speed limit to 45 mph. He was told that the formula of traffic volume used to set speed limits barely justified considering lowering the speed to 50 mph. -273- November 26, 1985 Councilman Moore requested monthly progress reports on the acquisition of ri.ht-of-way, etc. , for improvements to M. L. King Parkway. -000- There being no further business, the meeting was adjourned. -000- -, Rosemarie Chiappetta, Deputy 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 26, 1985. 2osemarie Chiappetta Deputy City Clerk -274 November 26, 1985