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Home My WebLink AboutMIN MAR 29 1983 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MARCH 29, 1983 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas, met in regular session this the 29th 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 Lane Nichols Asst . City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by Councilman Lord . The Pledge of Allegiance was led by Mayor Neild. -000- One proclamation was issued : "Doctors Day in Beaumont" - March 30, 1983 . -000- The following Consent Agenda items were considered : Approval of the Minutes of the regular City Council session held March 22, 1983 ; Resolution 83-117 authorizing withdrawal of $4 ,000,000. 00 in securities pledged by Texas Commerce Bank, Beaumont , as collateral for City bank deposits (total pledged - $43 , 145, 000. 00) ; and Resolution 83-118 authorizing the purchase of 10M affidavit for arrest warrant-prisoner history forms for the Police Department from Cabco Business Forms in the amount of $1 , 304 . 50. The Consent Agenda was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question : Ayes : All Nayes : None -000- Mayor Neild welcomed senior Government students from Kelly High School and their teacher, Andrew Purcell , to the session. There were about fifty to fifty-five students in attendance. -000- Ordinance No. 83-25 granting a specific use permit for a wholesale elec- trical parts warehouse in the 3700-3800 Blocks of Washington Boulevard in a GC-MD zoning district (requested by Consolidated Electrical Distri- butors, Inc . ) was considered : ORDINANCE NO. 83-25 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ESTABLISH A WHOLESALE ELECTRICAL PARTS WAREHOUSE IN A GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING) DISTRICT. -45- March 29, 1983 Mi• . Jc :;:;t TOI-i-t , n:>r.l, . t'lMiuiul; DI1'('k' t01• 1d d Ll►c,- 1'Lrttt- ning Commission recommended approval of the specific use permit subject to one revision to the driveway layout for entrance to the property from Washington Boulevard because of the distance between the driveway and Municipal Drive which is on the southside of Washington Boulevard. He said the Traffic Department staff felt that it would be beneficial for staging of traffic on the westbound lanes of Washington that the entrance be moved farther to the east of the western property line, ap- proximately another 60 feet . The ordinance was approved on a motion made by Councilman Lord and se- conded by Councilman Turner . Question : Ayes : All Nayes : None -000- Ordinance No. 83-26 granting a specific use permit for a utilities stor- age yard at 7100-7200 Tram Road in a GC-MD zoning district (requested by Gulf States Utilities Company) was considered : ORDINANCE NO. 83-26 ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT TO ESTABLISH A UTILITIES STORAGE YARD IN A GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING) DISTRICT ON PROPERTY LOCATED IN THE 7100-7200 BLOCKS OF TRAM ROAD . Mr . Torres said that staff recommended approval of the request subject to the installation of some basic ground cover since the application was for heavy equipment storage in connection with the construction company that would be using this location and , in addition , the place- ment of a one-year limitation on this specific use permit application. The Planning Commission recommended approval of the request subject to the installation of the basic ground cover and the one-year limita- tion of the permit . The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Questiop : Ayes : All Nayes : None -000- An ordinance granting a specific use permit for a heavy construction general contracting business at 5480 Washington Boulevard in a GC-MD zoning district (requested by Fruin-Colnon Corporation) was considered : AN ORDINANCE ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT TO ESTABLISH A HEAVY CONSTRUCTION GENERAL CONTRACTORS BUSINESS IN A GC-MD (GENERAL COMMERCIAL- MULTIPLE DWELLING) DISTRICT LOCATED AT 5480 WASHINGTON BOULEVARD. Mr. Torres said that after review of the specific use permit application and the site plan submitted by the applicant , the staff felt that only one of the eight conditions necessary for approval of the permit had been adequately addressed and, based upon that finding, staff recommended to the Planning Commission that the request be denied. In subsequent review of the application, the Planning Commission recommended denial of the request by a unanimous 5-0 vote . After further discussion, Councilman Lord made a motion to defer action to allow the applicant additional time to make adjustments in the applica- tion so that all permit requirements might be met . Councilman Deshotel seconded the motion for deferral . Question : Ayes : All Nayes : None -000- -46- March 29, 1983 Ordinance No. 83-27 changing the zoning from HI to CBD for a corner lot at 578 Crockett Street (change initiated by Staff) was considered: ORDINANCE NO. 83-27 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 PRESENTLY ZONED HI (HEAVY INDUSTRIAL) DRISTRICT TO CBD (CENTRAL BUSI- NESS DISTRICT) FOR PROPERTY DESCRIBED AS LOT 7, BLOCK 28, VAN WORMER ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS; 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 Turner . Question: Ayes : All Nayes : None -000- Ordinance No. 83-28 abandoning the east 10 feet of a 20-foot easement across Lot 7, Block 1 , Caroline Place Addition (request made by Glen Morgan, 8545 Allison Way, to complete a swimming pool) was considered: ORDINANCE NO. 83-28 ENTITLED AN ORDINANCE ABANDONING THE EASTERN TEN (10) FEET OF A TWENTY (20) FOOT UTILITY EASEMENT LOCATED IN BLOCK 1 , LOT 7, CAROLINE PLACE 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- An ordinance abandoning a section of Cheek Street , between East Virginia and Colorado Avenue was deferred to allow more time to discuss the com- promise between the City and Lamar University. -000- Ordinance No. 83-29 abandoning a section of First Street between Gladys and Sixth Street (requested by Danny Wheat , Jr . ) was considered : ORDINANCE NO. 83-29 ENTITLED AN ORDINANCE VACATING AND ABANDON- ING FIRST STREET FROM GLADYS SOUTH TO SIXTH STREET. The ordinance was approved on a motion made by Councilman Lord and secon- ded by Councilman Cox. Question : Ayes : All Nayes : None -000- An ordinance annexing 75. 03 acres between Washington Boulevard and Baker Road adjacent to the west city limits was deferred to allow the statutory limitations of 20 days to expire. -000- -47- March 29, 1983 Ordinance No. 83-30 aniending Section 30-25.C. of the City Code, Area and Height Exceptions, defining permitted exceptions for accessory buildings located in rear and interior side yards was considered: ORDINANCE NO. 83-30 ENTITLED AN ORDINANCE LIMITING THE LOCATION OF UNATTACHED ACCESSORY BUILDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVID- ING A PENALTY. The ordinance was approved on a motion made by Councilman Cox and se- conded by Councilman Lord. Question : Ayes: All Nayes : None -000- Resolution 83-119 letting a one-year contract with Texh-Jet , Inc. for furnishing 90, 000 gallons of aviation fuel and a monthly lease on a mobile fueler for Municipal Airport in the amount of $117,030.00 was ap- proved on a motion made by Councilman Turner and seconded by Councilman Deshotel . Question : Ayes : All Nayes: None -000- Resolution 83-120 authorizing Change Order No . 1 to a contract with D & H Construction Company for water main extensions and fire hydrants (Change Order No. 1 provides for an 8-inch water main extension on Lafin Drive from the LNVA to the Sewage Treatment Plant , approximately 760 feet at a cost of $9, 357. 87 to provide fire protection to the Sewage Treatment Plant ) was approved on a motion made by Councilman Lord and seconded by Councilman Turner. Question : Ayes : All Nayes : None -000- Resolution 83-121 endorsing a Texas State Senate resolution calling for a statewide study of access to property along expressways was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question: Ayes: All Nayes : None --000- Resolution 83-122 authorizing execution of contracts with PPG Industries and PD Glycol for a five-year period beginning January 1 , 1983 and end- ing December 31 , 1987 for industrial payments in lieu of taxes to be not less than $1 , 360,700. 00 was approved on a motion made by Councilman Des- hotel and seconded by Councilman Cox. Question : Ayes : Mayor Neild Abstained: Councilman Councilman Cox Lord Councilman Deshotel Councilman Turner -000- Ordinance No. 83-30 canvassing returns of the March 22 city special elec- tion on a $16 million drainage bond issue was considered : ORDINANCE NO. 83-31 ORDINANCE CANVASSING RETURNS AND DECLARING RESULTS OF ELECTION 7,468 votes were cast - 5, 315 votes for the issuance of $16,000,000 drainage improvement bonds and 2, 110 votes against the issuance of the $16, 000, 000 drainage improvement bonds. The ordinance was approved on a motion made by Councilman Lord and secon- ded by Councilman Cox. Question : Ayes : All Nayes : None -48- Larch 29, 1983 i MAYOR NEILD : I think that the Council would join me in thanking the Citizens Activity Committee and the citizens of Beaumont for the confidence in the program and the approach to this bond issue and the work that was done by all even though only a few spoke when it came to the poll. It was a very satisfy- ing experience I know for us who try to bring programs that are needed to the City and I do want to thank the Staff and their participation that we've set about one of the priorities that was set by this Council at the beginning. So, thank you to the citizens and to the Activity Committee who participated. -000- PUBLIC HEARING PROPOSED BUDGET ALLOCATIONS FOR THE 1983 CDBG STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS MAYOR NEILD: At this time, I 'd like to call a public hearing to consider the proposed budget allocations for the 1983 CDBG Statement of Objectives and Projected Use of Funds. Last week, the Council received the breakdown of proposed projects and expenditures by the Community Block Grant Advisory Committee and I think the appropriate thing at this time is that we have the public hearing where any citizen who would like to address the Council may come to the podium and give your name and address. This is a process by which we go through before taking final action on the proposed budget for these items. So, any one who would like to address Council at the public hear- ing, at this time, please come forward. Is there anyone that would like to speak at the public hearing in connection with the Community Block Grant funding? If not , I will declare the public hearing closed. Resolution 83-123 authorizing the filing with the Department of Housing and Urban Development of the 1983 CDBG I Statement of Objectives and Pro- jected Use of Funds in the amount of $2, 063,000 plus $175,000 in program income was considered: Councilman Deshotel made a motion that the allocation of $350,000.00 for a loan to Cranston Corporation for Market Square be removed from the res- olution and be considered as a separate item. The motion was seconded by Councilman Lord. Question : Ayes : All Nayes : None A motion to approve the resolution less the $350, 000. 00 was made by Coun- man Deshotel . The motion was seconded by Councilman Turner. Question : Ayes : All Nayes : None A motion to approve the $350, 000.00 as part of the resolution was made by Councilman Lord, motion was seconded by Councilman Turner. Question : Ayes : Mayor Neild Nayes : Councilman Councilman Cox Deshotel Councilman Lord Councilman Turner -000- Mr. W. M. Gould, 7050 Donna, addressed Council to request permission to burn leaves on his property in Woodland Acres. He said that the bagging requirement for these leaves is prohibitive in cost . -49- March 29, 1983 Mr. Carter Farris, 1839 Roberts, addressed Council to speak his concern for the possible need to close the Best Years Center and personnel cuts in the Police and Fire Departments. Mr . Paul. Brown, 4370 Cartwright , president of the Beaumont Chapter of the NAACP, addressed Council to express his concern that minorities might be cut from City personnel due to budget constraints. Mr . Edward Moore, president of the Citizens Activities Committee and -9, member of the Executive Board of the NAACP, addressed Council to speak his concern for the possible cut in services, the library branch in the south end of Beaumont , etc. , because of budgetary problems. Mr. J. C. Leggett , 1849 Washington Blvd. , addressed Council to complain about trash in various areas of Beaumont . Mrs. Vallee Couch, 1620 Glendale, addressed Council to request that the specific use permit ordinance concerning the trucking company on Washing- ton Blvd be reconsidered because of the large volumes of truck traffic already using Washington. 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 ses- sion held March 29, 1983 . Myrtle Corgey City Clerk -50- March 29, 1983