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Home My WebLink AboutMIN SEP 29 1981 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD SEPTEMBER 29, 1981 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas , met in regular session this the 29th day of September, 1981 , with the following present : HONORABLE : Tom Combs, Jr. Mayor Pro Tem & Councilman, Ward I Evelyn_ M. Lord Councilman , Ward II Calvin Williams Councilman, Ward III Wayne Turner Councilman, Ward IV Absent : Maurice Meyers Mayor Ray Riley City Manager R. E. Platt Asst . City Manager Lane Nichols Asst . City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Reverend J. B. Black, Jr. , St . James United Methodist Church. The Pledge of Allegiance was led by Councilman Lord. -000- Mayor Pro Tem Combs told those present that Mayor Meyers is in Yugoslavia representing the United States and the National Conference of Mayors on a trip sponsored by the State Department and the National Conference of Mayors and will be gone approximately two weeks. -000- The following proclamations were issued: "Share a Song Week, 1981 , in Beaumont" - October 107, 1981 ; "Up With People Day in Beaumont" - Octo- ber 5, 1981 ; and "Elmer Trumble Day in Beaumont" - September 29, 1981 . -000- Government Students and Teacher, John Conway, from Kelly High School were welcomed to today' s meeting. -000- The following items of the Consent Agenda were considered: Approval of the Minutes of the regular City Council session held Septem- ber 15, 1981 ; Resolution 81-389 authorizing withdrawal of $1 , 100, 000 in securities and substitution of $1 , 925, 000 in securities as collateral for city bank deposits by Texas Commerce Bank of Beaumont (total pledged - $40,990,000) ; Resolution 81-390 authorizing a contract with Jones Sheet Metal , Inc. at a cost of $1 , 054. 00 for replacement of a gutter on the maintenance hangar at Municipal Airport ; Resolution 81-391 approving payment for emergency repairs to a sanitation side loader truck transmission to Kinsel Ford, Inc. at $2, 372. 00; -152- September 29, 1981 Resolution 81-392 approving payment for two sets of encyclopedias fur- nished to the Library to Encyclopedia Britannica Education Corporation at $1 , 023 . 00; Resolution 81-393 authorizing purchase of two sewer grinder pumps for the Voth Road lift station from Automatic Pump & Equipment Company at a cost of $4 , 950. 00; Resolution 81-394 approving payment for emergency purchase of a replace- ment air compressor for the Air Conditioner at the Police/Municipal Court Building from Carrier of Houston at a cost of $2 , 800. 00; Resolution 81-395 letting a contract for repairs to the roof of the No. `4 Fire Station with Sabine Industries at a cost of $7, 948. 00; and Resolution 81-396 appointing Phyllis Mitchell & David Ledyard to the City Planning and Zoning Commission for terms expiring July 31 , 1984 and July 31 , 1983. The Consent Agenda was approved on a motion made by Councilman Turner and seconded by Councilman Williams. Question : Ayes: All Nayes : None -000- Ordinance No. 81-74 changing the zoning from RS and R-3 to RM-H for 4. 06 acres in the 5600 Block of Concord Road was considered: ORDINANCE NO. 81-74 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 PROPERTY LOCATED IN 5600 BLOCK OF CONCORD ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS , AS HEREINAFTER DESCRIBED, PRESENTLY ZONED ''RS" (RESIDENTIAL SINGLE FAMILY DISTRICT) AND R-3 (MODIFIED TWO FAMILY AND MULTIPLE DWELLING) TO RM-H (RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY) ; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Turner and seconded by Councilman Lord. Question: Ayes : All Nayes : None -000- An ordinance granting a specific use permit for a child day care center at 3290 Elinor was considered : AN ORDINANCE ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT TO OPERATE A CHILD DAY CARE CENTER IN RM-H (RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY) ON PROPERTY LOCATED AT 3290 ELINOR STREET, DESCRIBED IN ACCORDANCE WITH THE SITE PLAN. A discussion was held concerning the residential nature of the neighborhood and the possible detriment caused by increased traffic , etc. The ordi- nance was tabled on a motion made by Councilman Lord and seconded by Coun- cilman Williams. Question : Ayes : All Nayes : None -153- September 29, 1981 An ordinance amending certain sections of the Zoning Ordinance - Sections 30-27. A. 3 , 30-27.A. 6 and 30-24.B. - was deferred to allow the legal staff time to draft the necessary documents for Council consideration. -000-- Resolution 81-397 authorizing purchase of four tracts of right-of-way for the Dowlen .Road TIP Project (Parcel #8 at $24, 185. 70; #9 at $3; 900. 00; #10 at $6 , 000.00 and #10B at $279. 20) was approved on a motion made by Councilman Williams and seconded by Councilman Turner. Question : Ayes : All Nayes : None ^000- Resolution 81-398 authorizing the sale of Lot 5, Block P, Pennock and Potts Addition - 3725 Goliad to Mrs. Willie Mae Hunt at a cost of $1 , 500. 00 -- vacant lot acquired by Tax Judgment -- (transaction for the relocation of Mrs. Hunt ' s residence from Southerland Street sanitary sewer force main project right-of-way to new location) was approved on a motion made by Councilman Lord and seconded by Councilman Williams. Question : Ayes : All Nayes : None -000- Ordinance No. 81-75 correcting a deed description in Ordinance No, 80-121 abandoning a 10" utility easement and a 22. 5" drainage easement located in Lot 22 , Block 17 , Calder Place Addition was considered : ORDINANCE NO. 81-75 ENTITLED AN ORDINANCE CORRECTING ORDINANCE 80-121 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. The ordinance was approved on a motion made by Councilman Lord and secon- ded by Councilman Williams. Question : Ayes : All Nayes : None -000- Resolution 81-399 authorizing the purchase of two tracts of right-of-way for the Sarah Street TIP Project (Parcel #2 at $9, 860. 00 and #15 at $1 , 863 . 00) was approved on a motion made by Councilman Williams and se- conded by Councilman Lord. Question : Ayes : All Nayes : None -000- Resolution 81-400 authorizing the purchase of traffic signal equipment from Consolidated Traffic Controls , Inc. at $50,328 . 00; Minnesota Mining & Mfg. Co. , Inc. at $4 , 120. 00; Safetran Traffic Systems , Inc. at $10,692. 00; Signal Engineering Company at $15 ,456. 00; Traffic & Transportation Supply, Inc . at $726 . 00; Trans Tronics, Inc. at $6 , 765. 00 and Union Metal Mfg. Co. at $21 , 067. 60 to be used for the construction of traffic signal facilities at the intersections of 23rd and College; Lindbergh and College ; Sarah and 11th Street ; Sarah and 4th Street ; and Buford and Carroll was approved on a motion made by Councilman Lord and seconded by Councilman Turner. Question : Ayes : All Nayes : None -000- Resolution 81-401 authorizing Change Order No. 3 to the contract with Daniels Building and Construction Company providing for an orchestra lift at a cost of $145, 000. 00 - new contract cost increased to $3 ,898, 000 - was approved on a motion made by Councilman Lord and seconded by Council- man Turner. City Manager told Council that Mrs. Carol Tyrrell Kyle has given a gift of $76, 000 to be used for this project - City ' s share will be $69, 000. Question : Ayes : All Nayes : None -154- September 29, 1981 Resolution 81-402 extending by another 30 days the 120-day suspension of the Gulf States Utilities Company rate request - until November 3 , 1981 - was approved on a motion made by Councilman Williams and seconded by Councilman Lord. Question : Ayes : All Nayes : None -000- Resolution 81-403 authorizing a contract with the Beaumont Housing Author- ity to provide closed container service for refuse collections at six (6) housing developments (44 containers) at a charge of $2 ,615. 00 a month for one-year period was approved on a motion made by Councilman Turner and seconded by Councilman Williams. Question : Ayes : All Nayes : None -000- The regular City Council session was recessed and public hearing called declaring certain structures to be public nuisances . PUBLIC HEARING DILAPIDATED STRUCTURES Mr. George Gardner, Urban Rehabilitation Administrator, told Council that all the below-listed structures are in violation of Article III , Sections 14-50 and 14-51 of the Dangerous Structures Ordinance of the City of Beaumont , Texas, and that all notification procedures have been met : 805 DeVILLENEUVE (GARAGE) - Willie Lee Lyions,owner (9 violations) , recom- mendation to raze within 30 days ; 5010 FANNETT - Mr . F. P. Camp, owner (11 violations) , recommendation to raze or repair within 30 days ; 5075 GOBER - S & S Enterprise, owner (2 violations) , recommendation to raze or repair within 30 days ; 2040 GRAND - Ms. Earthye J. & Ms. Mattie Johnson , owners ( 13 violations) , recommendation to raze within 30 days; 1795 HALE I . L. Pittman, owner (13 violations) , recommendation to raze or repair within 30 days ; 2309 HEMLOCK - '.Mrs. Alberta Villafano , owner (15 viola- tions) , recommendation to raze within 30 days; 4217 HIGHLAND - Richard K. Corn, owner (13 violations) , recommendation to raze or repair within 30 days ; 2062 IRVING - Charles F. Wilson , owner (10 violations) , recom- mendation to raze within 30 days; 1990 LELA STREET - Ms. Florence Coleman, owner (10 violations) , recommendation to raze within 30 days; 1805 PLUM STREET - Madelyn Lombardo, Trustee (16 violations) , recommendation to raze within 30 days. Mr. Richard K. Corn, 4332 Highway 365, Port Arthur, Texas, addressed Council to request additional time to demolish the structure at 4217 Highland. The structure was damaged by fire and will be demolished. Mr. Corn also requested requirements for boarding up the structure be reduced from 3/41' exterior plywood because of the expense involved in buying new material. Discussion was held and it was decided that other materials could be used in boarding the structure to make it safely secure and that a 90-day extension be granted for demolition of the structure. Mr. Anthony Lombardo representing Madelyn Lombardo for the structure located at 1805 Plum Street questioned if the structure being considered today was the steel building or the wooden frame structure. Mr. Gardner told him that the wooden frame structure was in violation of the ordinance. Ordinance No. 81-76 declaring certain dilapidated structures to be public nuisances and requiring their repair or removal was considered: -155- September 29, 1981 CITY MANAGER read the caption of the ordinance and stated amendment ; ORDINANCE NO. 81-76 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES, ORDERING REPAIR OR DE- MOLITION FOR CERTAIN STRUCTURES ; ORDERING DEMOLI- TION BY THE CITY UNDER CERTAIN CONDITIONS; PRO- VIDING A PENALTY; AND PROVIDINGTIOR SEVERABILITY. . . . with the amendment to provide that the property located at 4217 Highland be modified to "raze or repair within 90 days" as opposed to the original 30 days as contained in the original ordinance. The ordinance, including the amendment as stated above, was approved on a motion made by Councilman Lord and seconded by Councilman Williams. Question: Ayes : All Nayes : None --000- Councilman Lord read the following statement : "I have something that I would like to speak to today. It has bothered me for some time and actually so much so that I ordered my thoughts and put it down in writing so I 'd keep on the subject and that .is the matter of granting quick rehearings for zoning cases that have been denied in the course of their regular progress through the Planning and Zoning Com- mission and City Council . Although regulations call for a one year wait before another presentation of the same zoning request being made, legality permits a rehearing if the petition is sufficiently changes so that it technically qualifies as a "new" presentation. I would like very much to stress that because some pending matters meet the legal requirements presently imposed by the city, that my views on the matter at hand will not affect my vote one way or another , when these mat- ters come before Council . Although the letter of the law is being observed in this procedure, I fear that--unless we tighten up some of this process--that the intent of the law may not . It has become almost routine to present a plan to the city and, when it fails , to return with one hopefully more acceptable. It is my belief and my concern that this method of doing business raises some very serious questions. Firstly, what motivation exists for the Developer requesting a zoning change to put forth his best plan first? Why shouldn ' t he see what mini- mum he might be able to offer? After all , if it is rejected, he can change it and come back again. Secondly, the other side of this coin has not yet been manifest , but I think it ' s there in the first side. What motivation will there be for the Commission or the Council to approve something first time out of the bag? After all, if it 's rejected, we may see something better next time around. Three, even if it were acceptable for the Developer, the Commission and the Council to play this cat and mouse game--and I personally feel it is not--there are others who are involved and who are being cheated by the process. These include : The neighborhood which objects to a proposed zoning change has to stay con- stantly and consistently "geared up" for the next move. This is manifestly unfair. I believe that the intent of the one year wait between presenta- tions was to allow the parties concerned to relax and to regroup, if nec- essary. The constant pressure is wearing on homeowners , can be devisive amongst friends and neighbors and is a negative as the citizen relates to local government and its processes. It can also be very expensive to those neighborhoods which can afford legal counsel and perhaps disastrous to those which cannot . -156- September 29, 1981 Councilman Lord continued: Other Developers I think are also left out a little bit . They're stand- ing in line waiting their turn for the undivided attention of the Commis- sion and the Council to their zoning requests. Because of the pressures of the "big case, " the "little case" may get short shrift . Members of the Commission and Council who are so bombarded by the posi- tions of both sides of the hot issue that they have little left in the way of energy and attention span to offer those who wait in line and rightfully deserve full care and treatment as they make their way through the requirements for a zone change. I feel that we would do well to tighten up our methodology, or even our requirements for rehearing, so that all concerned will be treated fairly and so that the Developer will realize it is to his financial and psycho- logical advantage to give us his best plan first , so that Council and Commission alike can accept that plan on face value first time around, and so that our citizens can have faith and confidence in the Commission , in the Council , and most importantly, in the system that makes them both work. '' -000- Mr. J. C. Leggett , 1849 Washington Boulevard, addressed Council to speak of his concern for the City Auditorium building. -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 September 29, 1981 . Myrtle Corgey City Clerk -157- September 29, 1981