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HomeMy WebLinkAboutMIN AUG 31 1982 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD AUGUST 31 , 1982 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas, met in regular session this the 31st day of August , 1982 , with the following 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 Lane Nichols Asst . City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Reverend J. C. Gall, pastor of the Parkdale Assembly of God Church. The Pledge of Allegiance was led by Councilman Deshotel. -000- The following proclamation was issued: Muscular Dystrophy's "Jerry Lewis Telethon Day in Beaumont" - September 6, 1982 . -000- Mayor Neild recognized members of the Women's Slow Pitch Softball Team (Patty Calvert , Coach) , all Beaumonters , who won the State title in San Marcus in July, which now qualifies them for the National Tournament to be held in Nashville, Tennesee, September 3-6, 1982. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held August 24, 1982 ; Resolution 82-311 granting a license to Winnie Pipeline Company for the construction of a 4-inch natural gas pipeline crossing Brooks Road 398- feet west of Interstate 10; Resolution 82-312 authorizing an agreement with the Governor' s Office of General Counsel and Criminal Justice for a grant to establish a special Canine Narcotics Investigation Unit for the Police Department (City' s Matching funds - $4,499. 00) ; Resolution 82 7313 authorizing publication of the Land Use Component of the Comprehensive Plan ; Resolution 82-314 approving the sale of a lot acquired through foreclo- sure by the City and other taxing agencies (a 0. 50 acres, Abst 5, D. Brown Survey, Tract 10-R) to Leon Gibbs in the amount of $6, 500.00; Resolution 82-315 appointing Maurice Meyers, Georgia Smith and Delia Harrington to the Clean Community Commission, terms expiring September 30, 1984; Resolution 82-316 appointing Tommie Byrd and George Cannon to the Transit Advisory Committee, terms expiring June 30, 1984; and -150- August 31 , 1982 Resolution 82-317 authorizing employment of Fulbright and Jaworski as legal counsel for the City in the event the City' s landfill permit by the Texas Department of Health to operate a Type I Sanitary Landfill should be contested. The Consent Agenda was approved on a motion made by Councilman Turner and seconded by Councilman Deshotel . Question : Ayes: All Nayes : None -000- PUBLIC HEARING PROPOSED FY 83 BUDGETS CITY MANAGER RILEY: The first item on the agenda is the public hearing relating to the pro- posed budget for the fiscal year 1983 in accordance with the provisions of the Charter. The budget has been submitted to Council for considera- tion and has been the subject of a number of workshops in order to make modifications and amendments which have now been presented to Council and Council has it and it ' s in a stage for final consideration. The subject of the public hearing would be the budget proposed currently at a total for fiscal year 1983 for all purposes to be $68 ,848, 300. 00. A characteristic of the budget is probably the concern about the levy re- lated to property taxes for 1983. The proposed levy related to general operations or general purposes would be $12 ,725,000. For debt service, $5,650,000 or a total of $18, 375, 000 of ad valorem property taxes for those two purposes. That compares with 1982 of a total levy of $16,850, 000. The increase for general purposes is $775,000 and for general obligation debt service $750,000. In order to receive that amount of taxes for those purposes, we estimate the levy to be 520 for general operations and .23� for debt service or a total of 750. That also includes then a proposed exemption for senior citizens and disabled vet-- erans in the amount of $17 ,500. 00. The total budget includes an 8% allocation for an increase in wages and benefits for employees and the total work force would be reduced from its level of 1982 from 1 ,462 positions by 54 to a total authorized strength the following year of 183 of 1 ,408. Also included and is the subject of the public hearing is the use of the Revenue Sharing funds received from the Federal Government, anticipated to be $1 ,725,000 which includes the interest income off of those payments. They would be dedi- cated to street and capital improvements in the coming year. In addition or as part of the requirement of the general operations would be a trans- fer in the amount of $525,000 from general operations or from those gen- eral revenues to the Transit Fund for the City' s share of the cost of pro- viding a subsidy for the operations of the Municipal Transit System. That total then again is $68 , 848, 300. 00 for all purposes for FY 83. It is now appropriate to conduct a public hearing to hear comments by interested citizens relative to the proposed expenditures. MAYOR NEILD : I declare that the public hearing on the proposed FY 83 budget to be opened and anyone who would like to come and address the Council in connection with the budget , please do so by coming to the podium, giving us your name and address. Captain R. D. Williamson , president of the International Brotherhood of Police Officers, local 491 , 2520 Interstate 10, Freeway East , addressed Council to ask that the budget not be adopted to allow the union more time in its contract negotiations. He said higher wages are necessary to retain experienced police officers. He also requested development of an Impasse Procedure, a non-binding, fact-finding procedure, to be used in the event an impasse is reached - very similar to arbitration - and, if an agreement is still not reached, the contract should be decided by the public through a referendum. -151- August 31, 1982 Mr. Larry Thorne, 1150 Brandywine (Attorney with office at 1104 Orleans) addressed Council to ask consideration in increasing police wages from the proposed 51% to above 8% and suggested that the $130,000. 00 proposed for new positions in the Police Department would be better used in re- taining experienced police officers. Mrs. Clara Benoit , 1253 Laurel , again addressed Council to express appre- ciation of . the Police Department and asked that police officers be given higher pay. Mr. C. P. Surley, 2290 Long, addressed Council to complain about high pro- perty taxes and asked that the tax rate be lowered. Mr. Dennis Sederholm, president of the Beaumont Chamber of Commerce, ad- dressed Council to praise the reduction of the originally proposed 79- cent tax rate to 75 cents. Mr. Carl Brown addressed Council to request that the $17 ,500.00 tax exemp- tion for senior citizens and disabled veterans be increased. There being no further citizens to address Council concerning the proposed budget for FY 83 , the public hearing was closed. -000- Ordinance No. 82-96 changing the zoning from GC-MD and R-3 to NC and RS for property in Section IV of the Highland Avenue/South Park Rezoning Study was considered: ORDINANCE NO. 82-96 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 IV, BEAUMONT, JEFFERSON COUNTY, TEXAS, PRESENTLY ZONED GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING) AND R-3 (MODIFIED TWO FAMILY AND MULTIPLE DWELLING) TO NC (NEIGHBORHOOD COMMERCIAL) AND RS (RESIDENTIAL SINGLE FAMILY) DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING FOR A PENALTY. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question : Ayes : All Nayes: None -000- An ordinance changing the zoning from RM-H to GC-MD for about 0. 53 of an acre on the east side of Junker Road about 230 feet south .of Calder 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 1 , BLOCK 1 , LANGHAM PLACE, BEAUMONT, JEFFERSON COUNTY, TEXAS, PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY) DISTRICT TO GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING) DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVID- ING FOR A PENALTY. -152- August 31 , 1982 Councilman Turner made a motion to approve the ordinance; motion was se- conded by Councilman Deshotel. Question : Ayes : Councilman Cox Nayes: Mayor Neild Councilman Deshotel Councilman Lord Councilman Turner (Ordinance failed to pass because it required the four-fifths rule. ) -000- Ordinance No. 82-97 changing the zoning from RS to RM-M for about 2. 5 acres on the south side of Calder, in the 8900-9000 Blocks, about a half-mile west of Major Drive was considered: ORDINANCE NO. 82-97 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 13 , BEAUMONT ORANGE AND FIG COMPANY SUBDIVISION, BEAUMONT, JEFFERSON COUNTY, TEXAS, PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY) DISTRICT TO RM-M (RESIDENTIAL MULTIPLE DWELLING - MEDIUM. DENSITY) DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING FOR A PENALTY. The ordinance was approved on a. motion made by Councilman Deshotel and seconded by Councilman Lord. Question : Ayes: All Nayes : None -000- Ordinance No. 82-98 granting a specific use permit for an ambulance ser- vice office at 2524 Broadway in an R-3 area was considered: ORDINANCE NO. 82-98 ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT TO OPERATE AN AMBULANCE OFFICE ON PROPERTY DESCRIBED AS LOT 24 AND THE EAST HALF OF LOT 23, BLOCK 45, AVERILL ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS, AND ALSO KNOWN AS 2524 BROADWAY. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Lord. Question : Ayes : All Nayes: None -000- Ordinance No. 82-99 amending the Permitted Use Table in Section 30-24 of the City Code to require a specific use permit for sports and recreation membership clubs in residential districts was considered: ORDINANCE NO. 82-99 ENTITLED AN ORDINANCE AMENDING CHAPTER 30, SECTION 30-24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT REQUIRING A SPECIFIC USE PERMIT IN AR (AGRICULTURAL - RESIDENTIAL) , RS (RESIDENTIAL SINGLE FAMILY) , RM-M (RESIDENTIAL MULTIPLE DWELLING- MEDIUM DENSITY) , AND RM-H RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY) DISTRICTS FOR SIC GROUP 7997; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PRO- VIDING A PENALTY. -153- August 31 , 1982 The ordinance was approved on a motion made by Councilman Turner and seconded by Councilman Deshotel. Question : Ayes : All Nayes: None -000- Ordinance No. 82-100 abandoning a one-block section of Fourteenth Street between Pecos and Angelina was considered: ORDINANCE NO. 82-100 ENTITLED AN ORDINANCE VACATING AND ABAN- DONING 14TH STREET FROM PECOS SOUTH TO ANGELINA. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- Ordinance No. 82-101 abandoning sections of Nineteenth and Twentieth Streets south of Cedar Street and two 20-foot-wide alleys in Blocks 20 and 21 of Van Wormer Addition was considered: ORDINANCE NO. 82-101 ENTITLED AN ORIDNANCE VACANTING AND ABAN- DONING 19TH AND 20TH STREETS SOUTH OF WEST CEDAR STREET AND TWO 20-FOOT ALLEYS IN BLOCKS 20 AND 21 , VAN WORMER ADDITION, BEAUMONT, 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- Ordinance No. 82-102 providing for the appointment of two alternate mem- bers to the Historical Landmark Commission was considered: ORDINANCE NO. 82-102 ENTITLED AN ORDINANCE AMENDING CHAPTER 30, SECTION 39 , OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT ADDING TWO (2) ALTER- NATES TO THE HISTORICAL LANDMARK COMMISSION; PROVIDING FOR SEVERABILITY; 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- Resolution 82-318 authorizing execution of a contract with Russ Miller Construction Company, Inc. for construction of Project IV of the FY 82 Street Rehabilitation Program in the amount of $454,095. 09 was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- Resolution 82-319 letting a contract with Greer Construction for Phase I of the Prince Street Outfall (CDBG funds) in the amount of $511,063. 34 was approved on a motion made by Councilman Lord and seconded by Council- man Turner. Question: Ayes : All Nayes : None -000- -154- August 31 , 1982 Resolution 82-320 authorizing execution of a contract with Mar-Len , Inc. for drainage improvements on Fannett Road and Ethel Street (CDBG funds) in the amount of $469, 107. 90 was approved on a motion made by Councilman Turner and seconded by Councilman Deshotel. Question : Ayes: All Nayes : None -000- Resolution 82-321 authorizing eminent domain proceedings to acquire pro- perty needed for right-of-way for Dowlen Road North and the Segment 36 Interceptor was approved on a motion made by Councilman Deshotel and se- conded by Councilman Lord. Question : Ayes : All Nayes : None -000- Resolution 82-322 authorizing the purchase of 12-inch to 48-inch rein- forced concrete pipe, box culvert (7x7x7) , and ramneck primer for drainage purposes from National Concrete and Pyramid Concrete was approved on a mo- tion made by Councilman Cox and seconded by Councilman Deshotel. Question : Ayes : All Nayes: None -000- Ordinance No. 82-103 adopting the 1982 Edition of the Standard Building Code, with the exception of Appendix "J" was considered: ORDINANCE NO. 82-103 ENTITLED AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES TO ADOPT THE 1982 EDITION OF THE BUILDING CODE WITH THE EXCEP- TION OF APPENDIX "J" , THE ENERGY CODE; PRO- VIDING 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 Deshotel. 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. George Gardner, Director of Urban Rehabilitation Division , 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 . NEXT TO 1350 CENTER - Mrs. David L. Boadus, owner (15 violations) , recom- mendation to raze within 30 days; 2110 E. LUCAS (FRONT) - Joy Gay Higgins, owner (25 violations) ; and 2165 SABINE PASS - George Hunter , owner (13 violations) , recommendation to raze or repair within 30 days. No citizens appeared to speak at the public hearing. The public hearing was closed and the regular City Council session recon- vened. Ordinance No. 82-104 declaring certain dilapidated structures to be public nuisances and requiring their repair or removal was considered: ORDINANCE NO. 82-104 ENTITLED AN ORDINANCE FINDING CERTAIN STRUC- TURES TO BE PUBLIC NUISANCES, AND ORDERING REPAIR OR DEMOLITION; PROVIDING A PENALTY; AND PROVIDING FOR SEVERABILITY. -155- August 31, 1982 Councilman Turner requested that amendments to the present procedure for enforcement of the weed ordinance be placed on next week' s Workshop Agenda for consideration by Council. -000- Mr. J. C. Leggett , 1849 Washington Boulevard, addressed Council to com- plain about high weeds and drainage. . Mrs. Delia Harrington, 815 Willow Street , addressed Council to speak on several matters. -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 August 31 , 1982. Myrtle Corgey City Clerk -156- August 31 , 1982