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Home My WebLink AboutMIN APR 06 1982 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD APRIL 6 , 1982 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas , met in regular session this the 6th day of April , 1982 , with the follow- ing present : HONORABLE: Maurice Meyers Mayor Evelyn M. Lord Councilman , Ward II Calvin Williams Councilman , Ward III Wayne Turner Councilman , Ward IV Tom Combs , Jr. Councilman , Ward I Ray Riley City Manager Hugh Earnest Asst . City Manager Kenneth Wall City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Reverend Richard N. Phillips , Roberts Avenue United Methodist Church. The Pledge of Allegiance was led by Councilman Lord. -000- Mayor Meyers issued the following proclamation : "Physical Therapy Week in Beaumont" - April 12 - 18, 1982. -000- The following Consent Agenda items were considered: The approval of the. Minutes of the regular City Council sessions held March 23rd and March 30th, 1982 ; Resolution 82-122 authorizing purchase of 70,000 investigator's report forms for the Police Department from Gulf Coast Business Forms in the amount of $2 ,305. 80; Resolution 82-123 authorizing purchase of four (4) complete diagnostic sets for the Community Health Clinic from Frank's Medi-Mart in the amount of $1 , 329.60; Resolution 82-124 authorizing an agreement for the printing of 2,000 land use plan brochures with Meserault Printing, Inc. in the amount of $1.976.00; and Resolution 82-125 authorizing repairs to the north pump motor at the Weiss Bluff Pumping Station by Intracoastal Electric, Inc. , at $7 ,400.00. The Consent Agenda was approved on a motion made by Councilman Turner and seconded by Councilman Lord. Question : Ayes : All Nayes : None -000- Ordinance No. 82-35 canvassing returns of the April 3 City General Elec- tion was considered: ORDINANCE NO. 82-35 ENTITLED AN ORDINANCE CANVASSING THE RETURNS OF THE REGULAR CITY ELECTION WHICH WAS HELD ON THE 3RD DAY OF APRIL, 1982 , TO DETERMINE WHO SHALL BE MAYOR, COUNCILMEN FOR WARDS I , II , III , AND IV; ORDERING A RUN-OFF ELECTION FOR WARD III ; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. -55- April. 6, 1982 The ordinance was approved on a motion made by Councilman Williams and seconded by Councilman Turner. Question : Ayes : All Nayes : None -000- Ordinance No. 82-36 granting a specific use permit for a garage apartment at 4825 Detroit (requested by J. W. Rogers) was considered: ORDINANCE NO. 82-36 ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT TO BUILD A GARAGE APART- MENT ON PROPERTY LOCATED AT 4825 DETROIT, BEAU- MONT, JEFFERSON COUNTY, TEXAS. The ordinance was approved on a motion made by Councilman Turner and se- conded by Councilman Lord. Question : Ayes : All Nayes : None -000- Ordinance No. 82-37 changing the zoning from GC-MD to CM for 4.031 of an acre on the northwest corner of Washington Boulevard and Langham Road (re-, quested by Don DeCordova) was considered: ORDINANCE NO. 82-37 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 SHOWN ON EXHIBIT "A" FROM GC-MD (GENERAL COMMERCIAL —MULTIPLE DWELLING) DISTRICT TO CM (COMMERCIAL MANUFACTURING) DISTRICT; PROVIDING FOR SEVERABILITY; PRO- VIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Williams and seconded by Councilman Turner. Question : Ayes : All Nayes : None -000- An ordinance changing the zoning from RM-H to GC-MD for about one acre at 3515 Broussard Street and granting a specific use permit for a tavern (requested by Barry Morris) was considered: AN ORDINANCE 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 ON PROPERTY AT 3315 BROUSSARD STREET FROM RM-H (RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY) DISTRICT TO GC-MD (GENERAL COMMERCIAL - MULTI- PLE DWELLING) DISTRICT, BEAUMONT, JEFFERSON COUNTY, TEXAS, AS HEREINAFTER DESCRIBED; PRO- VIDING FOR A SPECIFIC USE PERMIT; IMPOSING CONDITIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. The ordinance was denied on a motion made by Councilman Williams and se- conded by Councilman Lord. Question : Ayes : All Nayes : None -56- April 6, 1982 Ordinance No. 82-38 abandoning sections of Oregon and Cunningham Streets with retention of a general utility easement the width of the each street . for existing Entex gas line, drainage ditch , 6" sanitary sewer line and 6" water line was considered: ORDINANCE NO. 82-38 ENTITLED AN ORDINANCE VACATING AND ARAN- DONING OREGON STREET FROM CUNNINGHAM TO UNIVERSITY STREETS AND CUNNINGHAM FROM FLORIDA TO OREGON STREETS AS DESCRIBED HEREIN. The ordinance was approved on a motion made by Councilman Lord and secon- ded by Councilman Turner. Question: Ayes : All Nayes : None -000- Resolution 82-126 accepting the work performed under a contract with Gary Clark Contractors , Inc. for construction of eleven (11) T hangars at Muni- cipal Airport and authorizing final payment of $11 ,655.30 to the contractor (total cost of the project including Change Order #1 - $233, 106.00) was approved on a motion made by Councilman Williams and seconded by Council- man Turner. Question : Ayes : All Nayes : None -000- Resolution 82-127 authorizing the sale of three tracts of land on the south side of Interstate 10 East in the vicinity of Averill and Valentine Streets (parcel #1 - 2 . 32 acres known as Block 8, McFaddin Heights Addition at. $67,500. 00 and Parcel #2 --- 0. 41 acres being the northwest section of what is known as Block 7, McFaddin Heights at $28 ,500.00 to Phelan Investments and Parcel #3 - 0. 52 acres being the northeast section of what is known as Block 7, McFaddin Heights at $39, 826.01 to M. R. Bullington) was approved on a motion made by Councilman Lord and seconded by Councilman Turner. Question : Ayes : All Nayes : None -000- Resolution 82-128 letting a one-year contract for furnishing limestone base material to Davidson Construction Materials , Inc.. at $13. 70 per .ton was approved on a motion made by Councilman Lord and seconded by Council- man Turner. Question : Ayes : All Nayes : None -000- Resolution 82-129 authorizing execution of a contract with Jay Garth, Inc. for the construction of a warehouse and extension of vehicle storage facil- ities at the Water Utilities Service Center at $51 ,613.00 was approved on. a motion made by Councilman Williams and seconded by Councilman Turner. Question: Ayes : All Nayes : None -000- Resolution 82-130 authorizing purchase of various sizes of tires for fleet vepicles and equipment from Beaumont Tire Company, Goodyear Tire Company, and American Industrial on an as needed basis for a one-year period was approved on a motion made by Councilman Lord and seconded by Councilman Williams. Question : Ayes : All Nayes : None -000- Ordinance No. 82-39 amending Section 30-4 .of the City Code by adding child care for up to three children under age 16 to the definition of home occu- pations was considered: -57- April 6, 1982 ORDINANCE NO. 82-39 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY AMENDING SECTION 30-4 CHANGING THE DEFINITION OF "HOME OCCUPATION" ; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Lord and secon- ded by Councilman Turner. Question: Ayes : Councilman Lord Nayes : Mayor Meyers Councilman Williams Councilman Turner -000- Ordinance No. 82-40 amending Chapter 13 of the City Code by adding Sec- tions 13-69 through 13-76 relating to the control and removal of litter was considered: ORDINANCE NO. 82-40 AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ADDING SECTIONS 13-69 THROUGH 13-76 ;PROVIDING FOR DEFINITIONS; PROHIBITING LITTERING; ESTABLISH- ING RESPONSIBILITY FOR RETRIEVING LITTER; ES- TABLISHING FINES AND PENALTIES; ASSESSING EX- PENSES FOR THE CLEANING AND REMOVAL OF LITTER; AND PROVIDING FOR SEVERABILITY. The ordinance was approved on a motion made by Councilman Lord and se- conded by Councilman Turner. Question : Ayes : Mayor Meyers Abstained: Councilman Councilman Lord Williams Councilman Turner -000- Resolution 82-131 authorizing transfer of securities and accumulated in- terest from invested funds for the purchase of 5. 279 acres for the River- front Park in consideration of conveyance to the city of title to the pro- perty by the Port of Beaumont ($638,800.00 plus interest in excess of annual rental fee of $48,000.00) was approved on a motion made by Council- man Williams. and seconded by Councilman Lord. Question : Ayes : All Nayes : None -000- Resolution 82-132 rescinding an action of February 9, 1982 , accepting a bid of American Centennial Insurance Company on furnishing difference in conditions insurance coverage, primarily flood and earthquake, and awarding the contract to Lexington Insurance Company through Sol L. Wisenberg In- surance Agency for annual cost of $19,490.00 for a term ending February 15, 1985, was approved on a motion made by Councilman Turner and seconded by Councilman Williams. Question : Ayes : All Nayes : None -000- Resolution 82-133 accepting the work performed under a contract with Bella Company for construction of the Buford-Carroll CAP Project and authorizing final payment of $205,789. 60 to the contractor (total project costs includ- ing Change Orders 1 and 2 - $2 ,098,857. 00) was approved on a motion made by Councilman Lord and seconded by Councilman Williams. -000- -58- April 6, 1982 Resolution 82-134 authorizing agreements with the Governor' s Office of General Council and Criminal Justice for grants for the Police Department to finance projects for computer referencing systems , word processing, and computerized training analysis was approved on a motion made by Coun- cilman. Lord and seconded by Councilman Williams. Question : Ayes : All Nayes : None - -000- Council briefly discussed the problems involved with noise levels created by railroad companies switching, etc. , rail cars in the middle of the night and the degree of the City's enforcement capabilities to regulate these activities. -000- Mrs. Delia Harrington , 815 Willow Street , spoke about the April 3rd Gen- eral Municipal Election. Mr. Farrell Smith, 5535 Dellwood Lane , representing Nunn Electric Company and Gulf Consolidated Services, addressed Council in opposition to the new proposed site for relocation of the Sanitary Landfill. -000- There being no further business to be considered at this time , an Executive Session pursuant to Article 2 of the Texas Open Meetings Law was called. -000- The regular session of the City Council was reconvened to consider the following items because of the possibility of adverse economic effects that might result from delay: Ordinance No. 82-41 changing the zoning from RS to RM-H and GC-MD for property near the intersection of Old Voth Road and RFD Road was con- sidered: ORDINANCE NO. 82-41 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 THE ZON- ING FROM RS (RESIDENTIAL SINGLE FAMILY) DIS- TRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE ' DWELLING) DISTRICT AND RS (RESIDENTIAL SINGLE FAMILY) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE DWELLING-HIGH DENSITY) DISTRICT ON PROPERTY LOCATED AT THE INTERSECTION OF RFD ROAD AND OLD VOTH ROAD; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY; AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Turner and se- conded by Councilman Lord. Question : Ayes : All Nayes : None -000- Ordinance No. 82-42 granting a specific use permit for storage facilities for a construction contracting company on property near the intersection of Old Voth Road and RFD Road was considered: AN ORDINANCE ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT TO BUILD STORAGE FACILITIES FOR A CONSTRUCTION CONTRACTING COMPANY ON PROPERTY NEAR THE INTERSECTION OF OLD VOTH ROAD AND RFD ROAD. -59- April 6, 1982 A motion to approve the ordinance was made by Councilman Williams and se- conded by Councilman Turner. Councilman Turner made a motion to amend the Specific Use Permit to include on the southern boundary , the western-most 80-feet of which abuts the rear lot lines of single family residences, the same 10-foot buffer zone and 8-foot opaque fence requirement as is provided for in the northern boundary area. The motion to amend was seconded by Councilman Lord. Question called for amendment to the Specific Use Permit : Ayes : All Nayes : None Question called for approval of the Specific Use Permit as amended: Ayes : All Nayes: None -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 April 6 , 1982. Myrtle Corgey City Clerk -60- April 6, 1982