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Home My WebLink AboutMIN JUN 29 1982 a REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JUNE 29 , 1982 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas , met in regular session this the 29th day of June, 1982 , with the follow- ing present : HONORABLE: William E Neild Mayor Bill Cox Councilman, Ward I Evelyn M. Lord Councilman, Ward II Joseph D. Deshotel Councilman, Ward III Wayne Turner Councilman, Ward IV 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 D. A. Smith, pastor of St . Paul AME Church. The Pledge of Allegiance was led by Councilman Turner . -000- The following Consent Agenda items were considered : Approval of the Minutes of the regular City Council session held June 22 , 1982 ; Resolution 82-233 accepting a pledge of $6 . 0 million in securities as additional collateral for city bank deposits (total pledged by Texas Commerce Bank of Beaumont - $54 ,905 , 000 . 00 ) ; Resolution 82-234 authorizing purchase of 105 volumes of the Federal Re- porter, Second Edition, from Texas Law Book Company in the amount of $1 , 900 . 00 for the Legal Department ; Resolution 82-235 authorizing purchase of a Panasonic 301 OR copier under a 3-year rental-purchase contract with Office Development Systems , Inc . for $300 . 20 per month plus $1 ,195 . 00 per year maintenance; Resolution 82-236 authorizing purchase of pumps , reels and an air/water cabinet for the Service Center from Atkinson Enterprises in the amount of $9 ,209 . 45 ; and Resolution 82-237 authorizing purchase of a high pressure wash system from Chem Wash of Texas in the amount of $2 ,375 . 00 for the Service Center and rejecting all bids received on an automatic car wash and an automatic truck wash. The Consent Agenda was approved on a motion made by Councilman Lord and seconded by Councilman Cox. Question: Ayes : All Nayes: None -000- An ordinance changing the zoning from GC-MD and RM-H to RS and NC for pro- perty in the Highland Avenue/South Park Rezoning Study, Section II , was considered : -107- June 29 , 1982 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 PROPERTY DESCRIBED AS THE HIGHLAND AVENUE,/SOUTH PARK REZONING STUDY, SECTION II , BEAUMONT, JEFFERSON COUNTY, TEXAS , PRESENTLY ZONED GC-MD (GENERAL COMMERCIAL-MULTI- PLE DWELLING) DISTRICT , R-3 (MODIFIED TWO-FAMILY AND MULTIPLE DWELLING) DISTRICT, AND RM-H (RESI- DENTIAL MULTIPLE FAMILY-HIGH DENSITY) DISTRICT TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT, RM-H RESIDENTIAL MULTIPLE FAMILY-HIGH DENSITY) DISTRICT , AND RS (RESIDENTIAL SINGLE FAMILY) DISTRICT: PRO- VIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING FOR A PENALTY. After a lengthy discussion, Councilman Turner made a motion to rezone Study Area "A" (located on the east side of Highland Avenue) to RS , Resi- dential Single Family District , and that Study Area "B"' (located on the west side of Highland Avenue) remain GC-MD, General Commercial - Multiple Family Dwelling District , The motion was seconded by Councilman Deshotel . ORDINANCE NO. 82-66 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT , TEXAS , AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DIS- TRICTS AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS , BY CHANGING PROPERTY DESCRIBED AS THE HIGHLAND AVENUE/SOUTH PARK REZONING STUDY, SECTION II , BEAUMONT, JEFFERSON COUNTY, TEXAS , PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGH DENSITY) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY) DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING FOR A PENALTY. The ordinance was approved by the following vote : Question: Ayes : All Nayes : None -000- Ordinance No . 82-67 changing the zoning from RS to GC-MD for 4 . 99 acres at 8180 Calder was considered : (requested by A. B. Friar) ORDINANCE NO. 82-67 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS , AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DIS- TRICTS AS INDICATED UPON THE ZONING MAP OF BEAU- MONT, TEXAS , BY CHANGING PROPERTY DESCRIBED AS A 4 . 99 ACRE TRACT OUT OF TRACT 147 , CITY TAX PLAT SP-6 , H. WILLIAMS LEAGUE , AND A PORTION OF TRACT 1S3 , CITY TAX PLAT SP-3 , H. WILLIAMS LEAGUE, ALSO KNOWN AS 8180 CALDER, BEAUMONT, JEFFERSON COUNTY, TEXAS , PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY) DISTRICT TO GC-MD (GENERAL COMMERCIAL- MUL,TIPLE DWELLING) DISTRICT; PROVIDING FOR SEVERA- BILITY; PROVIDING FOR REPEAL; AND PROVIDING FOR A PENALTY. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question: Ayes : Councilman Cox Nayes : Mayor Neild Councilman Deshotel Councilman Lord Councilman Turne -000- -108- June 29 , 1982 An ordinance changing the zoning from R-3 to GC-MD for property at 2524 Broadway (application by Moodye Williamson) 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 PROPERTY DESCRIBED AS LOT 24 AND THE EAST ONE-HALF (�2-) OF LOT 23 , BLOCK 45 OF THE AVERILL ADDITION, ALSO KNOWN AS 2524 BROADWAY, BEAUMONT , JEFFERSON COUNTY, TEXAS , PRESENTLY ZONED R--3 (MODIFIED TWO--FAMILY AND MUL- TIPLE DWELLING) DISTRICT TO GC-MD (GENERAL COM- MERCIAL-MULTIPLE DWELLING) DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PRO- VIDING FOR A PENALTY. Councilman Deshotel made a motion to deny the ordinance; motion died for lack of a second . Councilman Turner made a motion to defer action; motion seconded by Coun- cilman Lord. Question: Ayes : All Nayes : None -000- An ordinance changing the zoning from RS to RM-H for about one acre of land on the south side of Maida Road about 800 feet west of Bigner Road (request by William Scott), 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 DIS- TRICTS AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS , BY CHANGING PROPERTY DESCRIBED AS A 0 . 9 ACRE TRACT OUT OF TRACT 57 , BEAUMONT IMPROVEMENT COMPANY SUBDIVISION, BEAUMONT, JEF- FERSON COUNTY, TEXAS , PRESENTLY ZONED RS (RESI,- DENTIAL SINGLE FAMILY) DISTRICT TO RM-H (RESI- DENTIAL MULTIPLE FAMILY - HIGH DENSITY) DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING FOR A PENALTY. Mr, Torres , Asst . Planning Director, told Council the application was re- ferred back to the Planning Commission after the applicant requested the waiver of the one-year waiting period . The property is approximately one acre in size and is surrounded on four sides by residential single family zoning and some new construction of residential dwellings is occurring to the east of it . The Staff recommended denial of the request based upon the fact that the request would constitute spot zoning by a change to RM-H in the middle of the block. All characteristics for locating high density multi-family dwellings would be at major intersections and along major streets . Maida Road at the present time is not slated for any future widen- ing. It is a narrow residential street with 18-feet of pavement . The Plan- ning Commission also recommended denial of the request by a vote of 5 to 3 . Councilman Turner moved for denial of the ordinance; Councilman Lord se- conded the motion. COUNCILMAN LORD made the following statement : I really feel for the sake of consistency I would like to speak to this and speak emphatically to this. There was a request for a area zone study which, to me , makes sense ; but what is happening here to me does not make sense and, for the sake of consistency as I say, I really think I 'd like to speak to this . Over the past two years , I have objected quite loudly when rehearings were granted when actual changes had been made in a plan presented . I felt several things . Number one , that it didn't call forth -109- June 29 , 1982 COUNCILMAN LORD continued : the best shot from our developers in the first place because they knew they could come back again if they changed it a little bit . Number two , it caused somewhat of a negative reaction on the part of the neighborhood be- cause they knew that the developer knew he didn't have to give his best shot first . Number three , it caused constant pressure on the neighborhood to be alert and organized to fight petition after petition. Again , I thought it was unfair to the Commission and the Council who had constant pressure put on them because we had to rehear and rehear the same hearing and this was when there was a real change in the plan that was presented to us . So, if I accepted this without speaking up, and , by the way, there was no change whatsoever made in the plan that was presented to us. It was a change in what the neighborhood , I believe , felt about this. So, without speaking to the merits of what we have here , I am speaking to "rehearing. " I ob- jected to it when there was a consistent change - so I certainly have to object to it when there's no change at all and I even would question the standing of its legality. Question: Ayes : All Nayes : None -000- Ordinance No. 82-68 changing the zoning from RS to NC for 1 . 02 of an acre at 7665 Concord Road was considered : (request by Matt Pate) ORDINANCE NO. 82.-68 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 DESCRIBED AS A 1 . 02 ACRE TRACT OF LAND OUT OF TRACT 121 , CITY TAX PLAT RS-4 , A. SAVERY SURVEY, ABSTRACT 46 , BEAUMONT, JEFFERSON COUNTY, TEXAS , ALSO KNOWN AS 7665 CONCORD, PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY) DISTRICT TO NC (NEIGHBORHOOD COM- MERCIAL) DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question: Ayes : All Nayes : None -000- An ordinance granting a specific use permit for the sale of alcoholic bever- ages for on-premise consumption at 1915 Irving Avenue (request by Bruce Holt) was considered : AN ORDINANCE ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES ON PROPERTY DESCRIBED AS TRACT 27 , PLAT F, DAVID BROWN SURVEY, BEAUMONT, TEXAS . Councilman Lord made a motion to deny the request; motion was seconded by Councilman Turner. Question: Ayes : Mayor Neild Nayes : Councilman Cox Councilman Lord Councilman Deshotel Councilman Turner -000- -110 June 29 , 1982 Ordinance No. 82-69 abandoning a three-foot-wide strip of right-of-way from the east side of Walnut Street , between Main and Mulberry, and a six-inch- wide strip from the northeast side of Main, from Walnut southeastward for a distance of 40 feet was considered : ORDINANCE NO. 82-69 ENTITLED AN ORDINANCE VACATING AND ABANDON- ING A PORTION OF WALNUT STREET RIGHT-OF-WAY AND A PORTION OF MAIN STREET RIGHT-OF-WAY. The ordinance was approved on a motion made by Councilman Deshotel and se- conded by Councilman Cox. Question: Ayes : All Nayes : None -000- An ordinance amending Section 24. 8 of the City Code so as to prohibit is- suance of building permits for buildings on dedicated surface easements was deferred for review of the languange in the ordinance. -000- Ordinance No. 82-70 abandoning the west four feet of a 10-foot utility easement across Lot 11, Block 2 , Evangeline Meadow Addition, Unit II , at 9390 Northmeadow Drive was considered : ORDINANCE NO. 82-70 ENTITLED AN ORDINANCE ABANDONING THE WEST FOUR FEET OF A TEN-FOOT UTILITY EASEMENT IN LOT 11 , BLOCK 2 , EVANGELINE MEADOW ADDITION, UNIT II , ALSO KNOWN AS 9390 NORTHMEADOW DRIVE, BEAUMONT , JEFFERSON COUNTY, TEXAS . The ordinance was approved on a motion made by Councilman Cox and seconded by Councilman Turner. Question: Ayes: All Nayes : None -000- Ordinance No. 82-71 abandoning the west one foot of a 10-foot wide utility easement across property at 1054 Meadowland Drive was considered : ORDINANCE NO. 82-71 ENTITLED AN ORDINANCE ABANDONING THE WESTERN ONE-FOOT OF A TEN-FOOT UTILITY EASEMENT IN LOT 6 , BLOCK 1, EVANGELINE MEADOW ADDITION, UNIT I, ALSO KNOWN AS 1054 MEADOWLAND, BEAU- MONT, JEFFERSON COUNTY, TEXAS . The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Lord. Question: Ayes : All Nayes : None -000- Resolution 82-238 authorizing purchase of three parcels of right-of-way for the Phelan Boulevard TIP Project - Parcel #3 from Sam Parigi , Jr. , Mark J. Kubala, R. T. Fertitta, Jr. , Ed Culotta and Rose Ann Fertitta at $4 ,350 . 00 ; #21 from Dr. James L. Massey at $18 , 538 . 00 and #153 from Joe E. Smith at $23 ,492 . 00 and authorizing eminent domain proceedings to acquire two other parcels - #5-B and #18 - was approved on a motion made by Councilman Lord and seconded by Councilman Turner . Question: Ayes : All Nayes : None -000- -111- June 29 , 1982 Resolution 82-239 accepting the Phelan-Liberty Connector as completed and authorizing final payment of $14 ,235 . 65 to C 8 P Equipment Corporation , contractor, (total cost of project - $254 ,233 . 20) was approved on a motion made by Councilman Cox and seconded by Councilman Deshotel . Question: Ayes : All Nayes : None -000- Resolution 82-240 authorizing execution of Change Order #1 to the contract with Sabine Consolidated decreasing the contract from $113 ,780 . 00 to $107 ,626 . 00 and accepting Contract 12-B, the Segment 42 Interceptor , as completed and authorizing final payment in the amount of $3 ,481 . 30 was ap- proved on a motion made by Councilman Deshotel and seconded by Councilman Lord. Question: Ayes: All Nayes : None -000r Resolution 82-241 accepting the Beaumont Community Health Clinic Project as completed and authorizing final payment of $40 ,690 . 00 (total cost of project - $379 , 901. 00) to Watkins Construction Company was approved on a motion made by Councilman Lord and seconded by Councilman Deshotel . Question: Ayes : All Nayes : None -000- Resolution 82-242 authorizing an annual contract for the purchase of alumi- num sulfate for the Water Utilities Department in the water production plant from Stauffer Chemical 'Company at $237 . 20 per ton was approved on .a motion made by Councilman Lord and seconded by Councilman Turner. Question: Ayes : All Nayes : None -000- The regular City Council session was recessed so that a public hearing to consider dilapidated structures could be called . Mr. Milton Palmer , Director of Code Enforcement , 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 . 3995 ADILADE - Mack Cruz , owner (.9 violations) , recommendation to raze the structure within 30 days. Councilman Lord made a motion to approve the recommendation; motion seconded by Councilman 'burner. Question: Ayes : All Nayes : None -000-- 2876 KITCHNER - Allen Thomas, owner ( 27 violations) , recommendation to raze the structure within 30 days . Councilman Deshotel made a motion to approve the recommendation; motion was seconded by Councilman Cox. Question: Ayes : All Nayes : None -000- 1001 OAKLAND - Tony Tortoris Estate , c/o Mr. Zummo , owner (19 violations) , recommendation to raze or repair within 30 days . Councilman Lord made a motion to approve the recommendation; motion was se- conded by Councilman Cox. Question: Ayes : All Nayes : None -000- 2995 GULF STREET - This structure was previously condemned and the owner ordered to raze or repair it . Reinspection has revealed noncompliance with the order. The Code Enforcement Department requested authorization to de- molish. -112- June 29 , 1982 Councilman Turner made a motion to grant the authorization to demolish the structure at 2995 Gulf Street ; motion was seconded by Councilman Deshotel . Question: Ayes : All Nayes : None -000- Public hearing was closed and the regular City Council session reconvened . Ordinance No . 82-72 decl.aring certain dilapidated structures to be public nuisances and requiring their repair or removal was considered : ORDINANCE NO. 82-72 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES , ORDERING REPAIR OR DE- MOLITION FOR CERTAIN STRUCTURES ; ORDERING DEMOL- ITION OF CERTAIN STRUCTURES ; ORDERING DEMOLITION BY THE CITY UNDER CERTAIN CONDITIONS ; PROVIDING A PENTALTY; AND PROVIDING FOR SEVERABILITY. The ordinance was approved on a motion made by Councilman Lord and seconded by Councilman Deshotel., Question: Ayes : All Nayes : None -000- Councilman Turner complained about the poor condition of Harriott Street , just north of Fonvi-11e , caused by the major sewer repair work being done and asked that the street be repaired if the work has moved beyond that point . He also requested. -that the Planning staff prepare an analysis of allowable use for "Game Rooms"' in any zoning designation for consideration at a future Council Workshop Session. -000- Mrs. Kathleen Jackson, 620 Callaway Drive , addressed Council to complain about the noise created by dogs in her neighborhood . She asked that some restriction be made on numbers of dogs allowed in residential areas . Mr. John Blake, 5915 Meadowview, publicity chairman for the Beaumont Kennel Club, addressed Counc. 1 +1-o ask that the City not pass an ordinance restrict- ing numbers of dogs , etc . , without allowing input by the Beaumont Kennel Club and other groups of professional and hobby-breeder groups . Mr. Paul Rochelle , 560 Campus , addressed Council to express his apprecia- tion for action taken on a zoning ordinance for his area. Mr . John Rainey, 57110 Belai:o , asked that important items such as proposed zoning changes be marked "pending zoning matter"' when mailed so that they receive the attention they deserve. -000- There being no further business , the meeting was recessed before continu- ing with the City Counci-L Workshop Session. -000- I , Myrtle Corgey, City Clerk of the City of Beaumont , Texas , certify that the above is a true coDv of the minutes of the regular City Council session held June 29 , 1982 . Myrtle Corgey City Clerk -113- June 29 , 1982