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Home My WebLink AboutMIN MAR 01 1983 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MARCH 1 , 1983 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas, met in regular session this the 1st day of March, 1983 , with the fol- lowing 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 Hugh Earnest Acting City Manager Kenneth Wall City Attorney -000- The Invocation was given by the Reverend Richard Phillips, pastor of Roberts Avenue United Methodist Church. A Flag Ceremony was presented by representatives of 24 Girl Scout and Brownie Troups of the Spindletop Neighborhood (Beaumont , Lumberton , Sour Lake, Kirbyville , Kountze and Silsbee) . -000 Students of Room 111 , Lincoln Middle School (6th, 7th and 8th graders) presented a "Pictorial Afghan of Beaumont" to the City Council . Pictor- ial designs included a center design of the City Seal with the Port of Beaumont , Spindletop , French Trading Post , City Hall , Babe Didriksen Memorial and the Library represented. -000- The following proclamations were issued : "Texas Public Schools Week in Beaumont" - March 7-11 , 1983 ; "Girl Scout Week in Beaumont" - March 6-12 , 1983; "Scout Day in Beaumont" - March 5, 1983 ; "Some Other Place Month in Beaumont" - March, 1983 and "Vial of Life Month in Beaumont" - March, 1983 . -000- Items of the Consent Agenda were considered : Approval of the Minutes of the regular City Council session held February 22 , 1983 ; Resolution 83-78 authorizing execution of a lease agreement permitting the Central Gardens water district - Jefferson County Water Control & Im- provement District #10 - to use Beaumont Fire Department Reserve Engine #6, a 1960 Seagraves 750 gpm pumper ; Resolution 83-79 authorizing payment of $1 , 174 .80 to Municipal Code Cor- poration for Supplement 21 to the City Code of Ordinances; and Resolution 83-80 authorizing execution of a quitclaim deed to the State of Texas for 0. 1036 acre tract acquired for Spur 380 Extension right-of- jway by Judgment from Church ' s Fired Chicken , Inc. The Consent Agenda was approved on a motion made by Councilman Lord and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- -30- March 1 , 1983 Ordinance No . 83-16 c'.hringing the mooning from 1,I and HI to CBD on property I,:I it r(l 1 !111(1 P'l rk , I rind i n� !:f'u i 11 1 ri Bowie and west for 350 luet beyund Neches SLreeL was considered : ORDINANCE NO. 83-16 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 FROM LI (LIGHT INDUSTRIAL) AND HI (HEAVY INDUSTRIAL) TO CBD (CENTRAL BUSINESS DISTRICT) ON PROPERTY DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING FOR 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- Ordinance No. 83-17 changing the zoning from R-3 to NC, PUD, RM-H, RM-M and RS for an area described as the South Park West Rezoning Study, Sec- tion JI , was considered : ORDINANCE NO. 83-17 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 PRESENTLY ZONED R-3 (MODIFIED TWO FAMILY AND MULTIPLE DWELLING) DISTRICT TO NC (NEIGHBORHOOD COMEMRCIAL) , PUD (PLANNED UNIT DEVELOPMENT) , RM-H (RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY) , RM-M (RESIDENTIAL MULTIPLE DWELLING - MEDIUM DENSITY) , AND RS (RESIDENTIAL SINGLE FAMILY) DISTRICTS FOR AN AREA DESCRIBED AS THE SOUTH PARK WEST REZONING STUDY, SECTION II ; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Turner and se- conded by Councilman Deshotel . Question : Ayes : All Nayes : None -000- Ordinance No . 83-18 granting a specific use permit for professional offices on Lots 13-24 , Blocks 6 and 7 , in the 3300 Block of McFaddin was considered: ORDINANCE NO. 83-18 ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT TO BUILD PROFESSIONAL OFFICES IN AN RM-H (RESIDENTIAL MULTIPLE DWELLING-HIGH DENSITY) DISTRICT ON PROPERTY LOCATED IN THE 3300 BLOCK OF MCFADDIN. Dr. Richard Dyck requested the specific use permit to construct a two-story structure to have seven (7) professional offices on the lower floor and ten (10) apartments on the upper floor. Councilman Turner made a motion to deny the ordinance; motion was seconded by Councilman Lord. Question : Ayes : Councilman Lord Nayes : Mayor Neild Councilman Turner Councilman Cox Councilman Deshotel -000- -31- March 1 , 1983 Ordinance No. 83-18 was approved on a motion made by Councilman Cox and seconded by Councilman Deshotel . :1)•(,•: 111:1 \•,'1' N(� i 141 N:1 N r, ('111111r i 1111:111 1.4,r l ("minc 1 1111au Cox Couuc Liman 'Turner Councilman Deshotel -000- Ordinance No . 83-19 granting a specific use permit for a training facility at 4900 Plant Road (Gulf States Utilities Company requested a second spe- cific use permit for the 15. 3 acre tract to add a classroom, pavillion and a sub-station training facility) was considered: ORDINANCE NO. 83-19 ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT TO OPERATE AN EMPLOYEE TRAINING FACILITY IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 4900 PLANT ROAD. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox . Question : Ayes : All Nayes : None -000- Ordinance No. 83-20 granting a specific use permit for a professional office at 7985 Highway 105 (requested by Dr. Otis McKinley) was con- sidered: ORDINANCE NO. 83-20 ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT TO ESTABLISH A DENTIST' S OFFICE IN AN RM-H (RESIDENTIAL MULTIPLE DWEL- LING-HIGH DENSITY) DISTRICT LOCATED AT 7985 HIGHWAY 105 AND DESCRIBED AS LOT 31 , NECHES TERRACE ADDITION. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- Resolution 83-81 letting a contract with D & H Construction Company for construction of a covered play area on Magnolia Park under the CDBG Program in the amount of $30, 826. 00 was approved on a motion made by Councilman Lord and seconded by Councilman Turner. Question : Ayes : All Nayes : None -000- Resolution 83-82 authorizing purchase of a 0. 1537 acre utility easement for the Lawrence Drive force main project of the grant-assisted sanitary sewer system improvement program (Contract 9A of the EPA Grant #C 481254) from Glenn 0. Cudd for the sum of $1 , 205. 10 was approved on a motion made by Councilman Lord and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- Public Hearing to consider dilapidated structures was called: Mr. George Gardner, Director of Urban Rehabilitation Division, told Coun- cil 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 . 4304 AVENUE A - Knights of Columbus c/o Richard J. Verrett , owner (13 vio- lations, recommendation to raze or repair within 30 days ; 2890 SOUTH 8th - -32- March 1 , 1983 Helen B. frank, owner (7 violations ) , recommendation to raze within 30 days; 650 ELM (Structure - 15 violations) and 650 ELM (Garage and Shed - 11 violations) , Beatrice Jennings , owner , recommendation to raze within 30 days ; 1070 FRANKLIN - John Redeaux, Jr . , owner (18 violations) , recom- mendation to raze within 30 days; NEXT TO 3699 GOLIAD (Formerly 3695 Go- liad) - Land Owner , Clinton Thomas - City Owned Improvement (Structure) - 8 violations, recommendation to raze within 30 days; 2065 & 2067 LEIPER - Cathrine Brimm Skinner , owner (10 violations) , recommendation to raze within 30 days ; 2022 OAKLAND - Tyler Spikes, owner (20 violations) , recom- mendation to raze within 30 days; 1290 S. MAJOR (Structure) and 1290 S. MAJOR (Garage) - Wallace Debes , owner (16 violations for structure and 6 for the Garage) , recommendation to raze within 30 days; 3650 St . HELENA (Garage) , Willie M. Lee, owner (16 violations) , recommendation to raze within 30 days; 1809 TILSON - R. L. Chaison , owner ( 20 violations) , re- commendation to raze within 30 days; and 3000 WAVERLY - Bessie Marie Knighton, owner (22 violations) , recommendation to raze within 30 days. Mr. Wallace Debes , owner of the structures located at 1290 S. Major Drive, requested 60/90 days extension to rehabilitate the two-story residence. He said the structure needed leveling first and that the ground has been too wet to accomplish this phase of the rehabilitation . There being no one else to address the public hearing, it was closed. -000- Ordinance No . 83-21 declaring certain dilapidated structures to be public nuisances and requiring their repair or removal was considered : ORDINANCE NO. 83-21 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 PROVIDING FOR SEVERABILITY. Councilman Lord made a motion approving the ordinance , removing the main structure (2-story residence) located at 1290 S. Major from the ordinance, and granting an extension to the owner for substantial improvement toward rehabilitation of the structure within 30 days and completion within 90 days; motion was seconded by Councilman Turner. Question : Ayes : All Nayes : None -000- Resolution 83-83 letting contracts for demolition of two dilapidated structures : Ace J. Clark for the structure located at 681 Prince in the amount of $1 , 300. 00 and F.E. H. Construction (Robert E. James) for the structure next to 3695 Goliad, in the amount of $1 ,670. 00 was approved on a motion made by Councilman Cox and seconded by Councilman Turner. Question : Ayes : All Nayes : None -000- Public Hearing concerning proposal for the Beaumont Housing Finance Cor- poration to finance acquisition and rehabilitation of Virginia Village was held : MAYOR NEILD : Now the public hearing concerning the proposal for the Beaumont Housing Finance Corporation to finance acquisition and rehabilitation of Virginia Village. At this particular time, I ' ll open the public hearing. You (to the City Manager) or Ken . . . ? HUGH EARNEST, ACTING CITY MANAGER : Mr . Wall . -33- March 1 , 1983 Public Hearing continued : MAYOR NEILD : Mr . Wall will make some opening remarks in connection with that and then all those that have any comments they ' d like to make in connection with that may come to the podium and make statements. Mr . Wall . . . MR . KENNETH WALL, CITY ATTORNEY : Mayor , the Beaumont Housing Finance Corporation has agreed to issue $1 , 600 , 000 in tax exempt bonds to finance the acquisition and rehabilita- tion of Virginia Village. The Internal Revenue Code requires before that financing can be completed , the City Council hold a public hearing and approve the project . That ' s the purpose of the meeting today . The pro- ject or the financing should be closed later this week assuming that the City Council does act to approve it today. There will be no liability on the part of the City or the Housing Finance Corporation for repayment of the bonds and any claims by prior laborers or materialmen on the pro- ject will be paid if' valid. MAYOR NEILD: All. right . COUNCILMAN TURNER: Will be what? MR. WALL: Will be paid if valid . All valid claims will be paid and the owners of the project are here to explain to the Council what they propose to do. MAYOR NEILD : Is there anyone that would like to speak in behalf or in opposition to the financing? If so , they may address . . . Mr . Conway . . . JIM CONWAY : Mr. Mayor , my name is Jim Conway ; live on Karen Lane in Beaumont ; repre- sent the investors. I 'm here briefly to answer any questions that you all may have and also at the same time express our appreciation to you for your help and cooperation on what we consider to be pretty important investment for the South Park part of the community in particular and Beaumont in general . We ' ve received excellent cooperation from the Legal Department , from your Beaumont Housing Authority and anticipate moving ahead as quickly as we can on this project with your help . So , I ' d be glad to answer any questions that you all may have or anybody else. MAYOR NEILD : Thank you . Is there anyone else? Does anyone have any questions of Mr. Conway? Thank you , Jim. Is there anyone else that would like to comment? If not , I would declare the public hearing closed . Manager . . . HEARING CLOSED. -000- Resolution 83-84 approving the proposal for the Beaumont Housing Finance Corporation to finance acquisition and rehabilitation of Virginia Village ($1 , 600 ,,000 Multi-Family Housing Revenue Bonds , Series ' 83) was approved on a motion made by Councilman Turner and seconded by Councilman Deshotel . -34- March 1 , 1983 Qi_ic,,�t i on (,,i l 1 od ('or Rcso 1 u 1 ion 83-8/1 : Aye r, : NLiyur Nc, i Id /1hsI—,iiuk�d : Counci Iiim.ii Lord Councilman Cox Councilman Deshotel Councilman Turner -o0o- Resolution 83-85 accepting the work performed under a contract with Beaumont Structures, Inc . , for construction of Riverfront Park, approv- ing Change Order No. 2 in the amount of $8 , 578 . 00 and authorizing final payment of $70, 505. 00 (total contract cost - $1 , 267 , 126. 00) was approved on a motion made by Councilman Lord and seconded by Councilman Turner . Question : Ayes : Councilman Cox Abstained : Mayor Neild Councilman Lord Councilman Deshotel Councilman Turner -o0o- Resolution 83-86 accepting the work performed under Contract No . 15 of the Sanitary Sewer Improvement Program by Hyeon Construction (EPA Grant #C-481254-04 ) and authorizing final payment to the contractor in the amount of $36 , 549. 48 (total project - $452 , 724 . 16) was approved on a mo- tion made by Councilman Turner and seconded by Councilman Lord. Question : Ayes : All Nayes : None -00o- Resolution 83-87 consenting to and approving the making and acquisition by the Jefferson County Housing Finance Corporation of home mortgages on dwellings within the Beaumont city limits was approved on a motion made by Councilman Turner and seconded by Councilman Cox , Question : Ayes : All Nayes : None -000- Resolution 83-88 adopting policies and procedures for the Special Transit Services program 1'or the Transit Restricted or Transit Limited was approved on a motion made by Councilman Deshotel and seconded by Councilman Lord . Question : Ayes : ALL Nayes : None -00o- Ordinance No. 83-22 establishing fares for Special Transit Services was considered : ORDINANCE NO. 83-22 ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ESTABLISH FARES FOR SPECIAL TRANSIT SERVICES ; TO ADD DEFINITIONS FOR TRANSIT LIMITED AND TRANSIT RESTRICTED PERSONS; TO PROVIDE FOR THE USE OF AND REQUIREMENTS FOR IDENTIFICATION CARDS ; 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 Nayes : None -000- -35- March 1 , 1983 Resolution 83-89 authorizing execution of a maintenance contract on elevators in city buildings with Beaumont Elevator Service in the amount of $8 , 736 . 00 was approved on a motion made by Councilman Lord and seconded by Councilman Cox . Question : Ayes : All Nayes : None -000- Resolution 83-90 authorizing purchase of chemicals for use in the water treatment process from United States Gypsum Company for hydrated Time at $97 . 50 per ton and Jones Chemical Company for liquid chlorine at $187 . 00 per ton was approved on a motion made by Councilman Lord and seconded by Councilman Turner . Question : Ayes : All Nayes : None -000- Resolution 83-91 adopting a, rental rate schedule for T-hangers at Muni- cipal Airport was approved on a motion made by Councilman Cox and seconded by Councilman Lord. Question : Ayes : A11 Nayes : None -000- Councilman Lord questioned the scheduling for the extra Trash pickup. Councilman Deshotel complained that an automobile repair shop is being operated at 3055 Nora in an RS zone . Mayor Neild announced he has been advised by Mr . Franklin Young , Texas Highway Department , that Highway Rehab funds in the approximate amount of $10. 0 million will be made available in the immediate future to correct the Highway 69 - Interstate 10 Interchange . He said these funds will be added to some $20 . 0 million in highway Renovation funds for _improvements from 1lth Street to the Bridge . -000- Mrs . Vallee Couch , 1620 Glendale, questioned the status of a petition requesting the setting up of "community ethics and moral standards" for the community which was submitted in September and requested immediate action . -o0o- There being no further business , the meeting was recessed before continu- ing with the City Council Wovkshop Session . -000- 1 , 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 March 1 , 1983 . Rosemarie Chiappetta Deputy City Clerk -36- March 1 , 1983