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Home My WebLink AboutMIN JUL 26 1983 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JULY 26, 1983 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas, met in regular session this the 26th day of July, 1983, with the fol- lowing present : HONORABLE: William E. Neild Mayor Bill Cox Councilman, Ward I Joseph D. Deshotel Councilman, Ward III Wayne Turner Councilman, Ward IV Absent : Evelyn M. Lord Councilman, Ward II Karl Nollenberger City Manager Kenneth Wall City Attorney -000- The Invocation was given by the Reverend D. A. Smith, pastor of St . Paul A.M.E. Church. The Pledge of Allegiance was led by Councilman Deshotel . -000- The following Consent Agenda items were considered: Approval of the minutes of the regular City Council session held July 19, 1983 ; Resolution 83-264 appointing Bill Matthews to the Airport Advisory Committee, term to expire May 31 , 1985; Josh Allen and Jeff Peters to the CDBG Citizens Advisory Committee, terms to expire May 31 , 1985; Michael Ryals to the Transit Advisory Committee, term to expire June 30, 1985; Hester Bell to the Housing Rehabilitation Loan Board, term to ex- pire May 31 , 1985; and Wallace Domingue, Jr . , (term to expire May 31 , 1986) , Tom B. Livesay (term to expire 5-31-86) , John W. Millington (term to expire 5-31-86) and H. E. Wyatt (term to expire 5-31-86) appointed to serve the Electrical Board of Review; Resolution 83-265 authorizing withdrawal of $2,230, 000. 00 in securities pledged as collateral by Texas Commerce Bank for city deposits (total pledged - $34, 270, 000. 00) ; Resolution 83-266 authorizing the execution of contracts with Ace Clark Construction Company for demolition and removal of the dangerous structure located at 805 DeVilleneuve in the amount of $1 ,050. 00 and with D. M. Wil- liams for the demolition and removal of the structure located at 2065-2067 Leiper at a cost of $1 ,325. 00; and Resolution 83-267 authorizing the City Manager to execute agreements related to seismographic surveys on City property or rights of way at a cost of $100. 00 per shot hole. The Consent Agenda was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question : Ayes: All Nayes : None -000- Ordinance No . 8383 changing the zoning from R-3 (Modified Two Family and Multiple Dwelling) to RS (Residential Single Family) for an area described as the Pine Street/Magnolia Rezoning Study, Section II was considered : -113- July 26, 1983 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 FROM R-3 (MODIFIED TWO FAMILY AND MULTIPLE DWELLING) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY) DIS- TRICT FOR AN AREA LOCATED FROM DELAWARE STREET NORTH TO JEANETTE STREET, AND FROM PINE STREET EAST TO BRAKES BAYOU AND GENERALLY REFERRED TO AS THE PINE STREET/MAGNOLIA REZONING STUDY, SEC- TION II : PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING FOR A PENALTY. After a discussion, Councilman Deshotel made a motion to amend the ordi- nance to zone the frontage property on the east side of Pine Street , from Jeanette to Delaware, RCR, excluding public properties (a school and a park) and the remaining property zoned RS. The motion to approve the amended ordi- nance was seconded by Councilman Cox. (Ordinance as improved - 0-83-83) -000- Ordinance No . 83-84 changing the zoning from GC-MD (General Commercial Multiple Dwelling) to LI (Light Industrial ) for property at 5790 Port Arthur Road was considered: ORDINANCE NO. 83-84 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 GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT ON PROPERTY LOCATED AT 5790 PORT ARTHUR ROAD; 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 changing the zoning from RM-H (Residential Multiple Dwelling- High Density) District to CM ('Commercial Manufacturing) for property at 3698 Glenwood 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 FROM RM-H (RESIDENTIAL MUL- TIPLE DWELLING - HIGH DENSITY) DISTRICT TO CM (COM- MERCIAL MANUFACTURING) DISTRICT ON PROPERTY LOCATED AT 3698 GLENWOOD; PROVIDING, FOR SEVERABILITY; PRO- VIDING FOR REPEAL AND PROVIDING FOR A PENALTY. Mr. .Jesse Torres, Asst . Planning Directory told Council Mr. Clyde Goodwill , applicant for the zone change, is presently using the property in violation of the zoning ordinance. He made the request for the CM District in order to guild an office, a storage building and a, game room for his own business . At the Planning Commission Meeting, he requested the application be amended to delete the game room; however, the Commission voted on the original ap- plication as it was submitted. Staff recommended denial of the request based upon the surrounding single family residential land use. The Planning Commission recommended denial by a vote of five to zero because it was felt it would be spot zoning the change this property.. There were fifteen (15) -114- July 26, 1983 notices mailed to property owners within 200 feet of the application ; four responses were received in favor of granting the change and none in opposi- tion. Councilman Deshotel made a motion to approve the ordinance. Councilman Turner made an alternate motion proposing that no action be taken on the ordinance until an area study could be done - limiting the study to that area of parcels which would be fronting on St . James, Anita and 11th Street outward to about Edmonds , giving the Planning Staff flexi- bility "because those are short blocks in there with only 8 parcels on each block when surveying the land use, understanding that the property owners that did respond to the notices were in favor of some type of higher utilization than residential nature. " Mr . Turner asked that action be de- ferred until the Planning Staff and Commission could review the general area and make a recommendation to the City Council on the area as a whole instead of the single property in question . After a brief discussion, Councilman Deshotel withdrew his motion to ap- prove the ordinance and seconded the motion made by Councilman Turner to defer action until the area study could be made. Question : Ayes : All Nayes : None -000- An ordinance approving the issuance of $1 . 7 million of certificates of obligation for the construction and equipment for the new landfill site was deferrfed. -000- Resolution 83-268 authorizing the City Manager to execute a contract with Deevy & Shannon/Freese and Nichols for engineering services for the Sani- tary Landfill Project in an amount not to exceed $72, 000. 00 was approved on a motion made by Councilman Cox and seconded by Councilman Deshotel . Question : Ayes : All Nayes : None -000- Ordinance No. 83-85 amending Section 26-24 of the Code of Ordinances, es- tablishing reduced-speed school zones was considered: ORDINANCE NO. 83-85 ENTITLED AN ORDINANCE AMENDING SECTION 26-24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO CHANGE THE LOCATION OF CERTAIN SCHOOL ZONES; BEAUMONT; 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- A resolution authorizing authorizing purchase of landfill equipment was deferred . -000- Resolution 83-269 authorizing participation in the cost of construction of an oversize water line on the north side of Cardinal Drive west of Warren Street and authorizing payment of $2, 067 . 29 to Swain Construction, Inc . , was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question : Ayes : All Nayes : None -000- -115- July 26, 1983 i Resolution 83-270 authorizing acceptance of work performed under the 1983 water system improvements contract with D & H Construction Company and authorizing final payment in the amount of $6, 967. 98 (final contract amount $82, 285. 98) was approved on a motion made by Councilman Turner and seconded by Councilman Deshotel . Question : Ayes : All Nayes: None -000- Pesolution 83-271 authorizing the participation of the City of Beaumont with the Texas Municipal League in legal actions relating to Cable Tele- vision in the amount of $1 , 181 . 00 and Telephone rate increases in the amount of $4, 724 . 00 was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question : Ayes : All Nayes: None -000- Resolution 83-272 authorizing annual contract for the purchase of plastic water pipe and repair clamps for the Water Utilities Department from Golden Triangle Pipe and Water Supply in the amount of $19, 547. 52 was ap- proved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question : Ayes: All Nayes : None -000- Resolution 83-273 letting a contract with International Galvanizers, Inc. , for regalvanizing the distributor arms of a trickling filter at the Water Reclamation Plant in the amount of $9, 025.20 was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question : Ayes : All Nayes : None -000- Mayor Neild mentioned that the time for the regular City Council session to be held August 2nd would be changed from 1 : 15 p.m. to 2 :30 p.m. so that he and City Council members could officially greet Mikhail Baryshnikov and Company as they arrive at the Jefferson County Airport for their scheduled performance for the Beaumont Ballet Society to be held Tuesday night at the Julie Rogers Theater for the Performing Arts. -000- Mr. W. J. Lawless, 2085 23rd Street , addressed Council to consider increas- ing the homestead tax exemption granted to persons over 65 years of age and handicapped from $17, 500. 00 now allowed. Mr. J. C. Leggett , 1849 Washington Blvd. , addressed Council to complain about weeds and trash and also about ARA, managers of the City fleet . Mr. Ed Tucker , manager of the local K-Mart , presented bumper stickers reading "We've got it good in Beaumont" and encouraged other groups to join his employees to promote goodwill for the City. -000- There being no further business, the meeting was adjourned. -000- I , 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 July 26, 1983. Rosemarie Chiappetta Deputy City Clerk -116- July 26, 1983