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HomeMy WebLinkAboutMIN DEC 06 1983 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD DECEMBER 6 , 1983 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas, met in regular session this the 6th day of December, 1983, with the following present : HONORABLE: William E. Neild Mayor Bill Cox Councilman, Ward I Evelyn M. Lord Councilman, Ward II David W. Moore Councilman, Ward IV Absent : Joseph D. Deshotel Councilman, Ward III Karl Nollenberger City Manager Hugh Earnest Asst . City Manager Lane Nichols Asst . City Attorney -000- The Invocation was given by the Reverend 0. J. Beasley, Jr . , pastor of St . John' s Missionary Baptist Church. The Pledge of Allegiance was led by Councilman Moore. -000- One proclamation was issued: "National Drunk and Drug Driving Awareness Week in Beaumont" - December 11-17 , 1983 . -000- The following Consent Agenda items were considered : Approval of the Minutes of the regular City Council session held November 22, 1983; Resolution 83-442 accepting the work as complete and authorizing final payment in the amount of $2, 198. 00 to Trax Enterprises, contractor, for the demolition and removal of two structures at 1490 Avenue A @ $999. 00 and 1010 Finis at $1 , 199. 00; Resolution 83-443 authorizing payment for 50 - 6 ' lengths of 15" rein- forced concrete pipe to National Concrete Products at $1 , 587. 00; . Resolution 83-444 authorizing purchase of a photo ionization hydrocarbon detector (flammable liquid detector) for the Arson Division of the Fire Department from HNU Systems , Inc . in the amount of $4 , 020.00; Resolution 83-445 authorizing purchase of polygraph equipment (one (1) electronic polygraph instrument , one (1) subject 's chair and ink and paper) for the Arson Division of the Fire Department from Dee E. Wheeler and Associates at $3, 655 . 50; Resolution 83-446 authorizing purchase of shrubs and trees (approximately 10 flowering plum trees, 10 crabapple trees, 10 Golden Raintrees, eight Dwarf Yaupons, one Carolina Jasmine, 200 English Ivy vines and 300 Star Jasmine plants) for the Civic Center Complex from Garden Center of Beau- mont at $2,430. 00; Resolution 83-447 accepting street improvements of Brett Lane from Toli- var 1 , 060' south to the end of the cul-de-sac, Phyllis Lane from Jill Lane 800' south to Joyce Lane, Jill Lane from Phyllis Lane 300' east to Brett Lane and Joyce Lane from Phyllis Lane 300" east to Brett Lane and water and sewer improvements for Lots 1-26, Block l ; Lots 1-5, Block 2; Lots 1-28, Block 3 and Lots 1-14 , Block 4; in Pine Glen Second Addition; Resolution 83-448 appointing Naaman Woodland, Jr. , as Chairman and Louise Loomis as Vice-Chairman and reappointing Dora Nisby (term expiring October 31 , 1985) to the Library Commission; -194- December 6, 1983 Resolution 83-449 authorizing purchase of periodical subscriptions from Schaffer Publications , Inc . , dba Popular Subscription Service at $6,744 .74 ; Resolution 83-450 authorizing execution of an agreement with the Atchison, Topeka and Santa Fe Railway Company to widen a railroad crossing on Corley Street at a cost to the City not to exceed $8 , 313. 00; Resolution 83-451 authorizing final payment in the amount of $16 , 994 . 60 to American Seating Company, contractor, for seating in the Julie Rogers ; Theatre of the Performing Arts (total contract $174 ,244 . 00 less Change Order #1 in the amount of $4 , 300. 00) ; and Resolution 83-452 accepting the work performed under a contract by J. R. Plake , Inc . for Klein Park playground and park equipment and authorizing final payment in the amount of $7,428. 06 (total project cost - $51 , 288. 00) . The Consent Agenda was approved on a motion made by Councilman Lord and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- PUBLIC HEARING APPLICATION FOR U.M.T.A. TRANSIT OPERATING ASSISTANCE GRANT MAYOR WILLIAM E. NEILD: I think the next item is to call a public hearing on the Transit . . . CITY MANAGER KARL NOLLENB.ERGER: Yes , Your Honor . The first item on the Agenda today is a public hearing which is an application for the Transit Operating Assistance Grant from the Urban Mass Transportation Administration. The application is for Operating Assistance Grant in the amount of $504 , 226 . 00 and it ' s to cover half of the operating deficit that the City had for the fiscal year 1983 in the Beaumont Transit System. After the hearing, the Coun- cil will be asked to adopt a resolution which authorizes the filing of the application with UMTA under their Section 5 of the 1964 Urban Mass Transportation Act as amended. The total operating deficit for 1983 , fiscal year ended September 30th, was $1 , 008,452 . 00 and this grant applica- tion would ask for half of that to be reimbursed from the federal govern- ment . It ' s appropriate at this time for you to call a public hearing and to have any interested participants . MAYOR NEILD: In that regard, I ' ll declare the public hearing open in connection with the application for Transit Operating Assistance Grant . If there 's any- one that would like to speak on behalf or speak in connection with that , will you please come forward and give your name and address? If not , then I will declare the public hearing closed. END OF EXCERPT. -000- Resolution 83-453 authorizing the filing of an application for a transit operating assistance grant in the amount of $504 , 226. 00 with Urban Mass Transportation Administration under Section 5 of the Urban Mass Transpor- tation Act of 1964 , as amended, was approved on a motion made by Council- man Lord and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- -195- December 6, 1983 PUBLIC HEARING PROPOSED CHANGES IN TRANSIT FARES CITY MANAGER EARL NOLLENBERGER: The second item on your agenda today, Your Honor, relates to a public hearing on proposed changes in the Transit fares and I 've asked Mr. Joe rTernus, the Director of Urban Transportation, to address the City Coun- rcil to make sure that participants in the public hearing are aware of the issues prior to speaking. MR. JOE TERNUS, DIRECTOR OF URBAN TRANSPORTATION: Mayor and Council Members. This is a public hearing to review the tran- sit rates that are proposed to increase. We are recommending that the Adult Fare increase from $0.40 to $0. 50, that the Young Person Reduced Fare increase from $0. 15 to $0. 20, and that the Adult Monthly Pass in- crease from $15 . 00 to $18. 00. We are also recommending that the Charter rates be increased from $60. 00 minimum with $20. 00 each additional hour to $80. 00 minimum with $28 . 00 per hour for each additional hour. We are also recommending that a Contract Charter Rate be established. This will be for those services that we can contract over a longer period of time and we are recommending that rate be set at $70. 00 minimum with $24. 00 per hour additional rate. We estimate that these rate changes would bring in approximately $51 , 000. 00 of City funds for use in the Transit System. This would then bring a total of our operating budget to $1 . 5 million for 1984 , fiscal year ' 84. If you have any specific questions pertaining to this recommendation, I 'd be happy to respond. MAYOR WILLIAM E . NEILD: Any questions or comm-nts? Thank you, Joe. COUNCILMAN EVELYN M. LORD: Just very quickly. This is just to cut down on what we are losing? It isn' t going to change anything from a losting to a winning situation, is it? MR. TERNUS: This would reduce the amount of City general funds that would be necessary to operate the Transit System. T'd like to think that we' re constantly winning. COUNCILMAN LORD: I apologize to you, Mr. Ternus. COUNCILMAN DAVID W. MOORE: Joe, I have one question . MAYOR NEILD: David . . . COUNCILMAN MOORE: My question is do you all exactly know . . . what do you perceive to be the biggest reason why we are running such a large deficit on the Mass Transit System now? -19.6- December 6, 1983 MR. TERNUS: Well , there are a number of reasons why our costs have increased over last year , for example. We have less Cahrter Service, so we are not having as much revenue from Charter Service. Our expenditures, just the cost of labor, cost of doing business, have increased. We have estab- lished the Special Transit Service and that ' s probably the single-most , largest increase in our operating budget , the new service for the handi- capped persons in the community. This is a service that we are not re- commending any rate increases, for example, for the fares or for the Charter Service in this area. So, those are probably the three largest areas that we are operating . . . . . . COUNCILMAN MOORE: You said our Charter Service is down from last year . Do you have any idea why that is? MR. TERNUS : We had a large contract with Mobil Chemical and, while we still have a contract with Mobil Chemical , it is not as large as it was. We have a very active Charter Service. We probably have more charter services for a system our size than any other in the State. So, it 's an active pro- gram. It is just less this year than what we were having this past year . COUNCILMAN MOORE: Okay, and the last question I have, is the traffic that has been involved in our buses, Transit System for the past year, has it increased or de- creased, or is there any way of knowing that? MR. TERNUS: It decreased last year and then towards the end of this last fiscal year it began to pick up again. We did experience . . . as the cost of fuel dropped, we also experienced a loss in ridership in the Transit System. And, now, that ridership has begun, in the last three or four months, starting to pick up again. COUNCILMAN MOORE : Thank you. MR. TERNUS : Yes, sir . CITY MANAGER NOLLENBERGER: It would be appropriate to conduct a public hearing at this time, Your Honor . MAYOR NEILD : At this time, I ' ll call a public hearing in connection with proposed changes in the Transit fees and we will declare the public hearing open. Any one who would like to address the Council in connection with this, please come to the microphone and give us your name and address. There not being anybody that wishes to speak, I ' ll declare the public hearing closed. END OF EXCERPT. -197- December 6 , 1983 Ordinance No. 83-154 providing for changes in transit fares was considered: ORDINANCE NO. 83-154 ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SECTION 28-5 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND TRANSIT FARES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Lord and seconded by Mayor Neild. Question : Ayes : Mayor Neild Nayes : Councilman Cox Councilman Lord Councilman Moore -000- The third and final reading of Ordinance No. 83-155 granting a franchise to REM Waste Control , Inc. for closed continer refuse collection was held: ORDINANCE NO. 83-155 AN ORDINANCE GRANTING A FRANCHISE TO REM WASTE CONTROL, INC. TO OPERATE A COMMER- CIAL CLOSED CONTIANER GARBAGE COLLECTION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RETAINING AUTHORITY TO REGULATE RATES; PROVIDING FOR FRANCHISE PAYMENTS ; AND PROVIDING FOR SEVERABILITY. The third and final reading of Ordinance No. 83-156 granting a franchise to Browning-Ferris Industries, Inc . for closed container refuse collection was held: ORDINANCE NO. 83-156 AN ORDINANCE GRANTING A FRANCHISE TO BROWN- ING FERRIS INDUSTRIES, INC. TO OPERATE A COMMERCIAL CLOSED CONTAINER GARBAGE COLLEC- TION SERVICE IN THE CITY OF BEAUMONT; PRO- VIDING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RETAINING AUTHORITY TO REGULATE RATES; PROVIDING FOR FRANCHISE PAYMENTS; AND PROVIDING FOR SEVERABILITY. The third and final reading of Ordinance No. 83-157 granting a franchise to Waste Express, Inc. for closed container refuse collection was held: ORDINANCE NO. 83-157 AN ORDINANCE GRANTING A FRANCHISE TO WASTE EXPRESS, INC . TO OPERATE A COMMERCIAL CLOSED CONTAINER GARBAGE COLLECTION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RETAINING AUTHORITY TO REGULATE RATES ; PROVID- ING FOR FRANCHISE PAYMENTS ; AND PROVIDING FOR SEVERABILITY. Ordinances No . 83-155, 83-156 and 83-157 were approved on a motion made by Councilman Cox and seconded by Councilman Lord. Question : Ayes : All Nayes : None -000- -198- December 6, 1983 Ordinance No. 83-158 amending Ordinance No. 83-128 requiring franchises for closed container refuse collection changing the effective date from January 1 , 1984 to February 6, 1983 , was considered: ORDINANCE NO. 83-158 ENTITLED AN ORDINANCE AMENDING ORDINANCE 83-128 TO CHANGE THE EFFECTIVE DATE. The ordinance was approved on a motion made by Councilman Cox and se- conded by Councilman Moore. Question : Ayes: All Nayes: None -000- Ordinance No. 83-159 changing the zoning from R-3 (Modified Two Family and Multiple Dwelling) to NC (Neighborhood Commercial) and RM-H (Resi- dential Multiple Family-High Density) for an area described as the Frank- lin Street Rezoning Study was considered: ORDINANCE NO. 83-159 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 NC (NEIGHBORHOOD COMMERCIAL) DISTRICT AND RM-H (RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY) DISTRICT ON PROPERTY DESCRIBED AS THE FRANKLIN STREET REZONING STUDY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PRO'V'IDING FOR A PENALTY. The ordinance was approved on a motion made by Councilman Lord and se- conded by Councilman Cox. Question : Ayes: All Nayes : None -000- Ordinances changing the zoning from RS (.Residential Single Family) to RM-H (Residential Multiple Family-High. Density) and granting a Specific Use Permit to operate a beauty shop on property at 9925 Old Voth Road were 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 DISTRICT AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING FROM RS (RESIDEN- TIAL SINGLE FAMILY) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY) DISTRICT ON PROPERTY LOCATED AT 9925 OLD VOTH ROAD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PRO'V'ID- A PENALTY. AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A BEAUTY SHOP ON PROPERTY LOCATED AT 9925 OLD VOTH ROAD. Mr. Jesse Torres, Acting Planning Director, told Council that the Planning Staff and the Planning Commission , in a unanimous vote of 6 to 0, recom- mended denial request based upon the fact that the request would constitute spot zoning and since two of the conditions necessary for issuance of a Specific Use Permit were not satisfied in the application. Property owner, Mr . T. W. Atwood, requested permission to address Council stating that the Staff report was not delivered to him in sufficient time to prepare a rebuttal or seek legal counsel . -199- December 6, 1983 Mayor Neild told Mr . Atwood that a public hearing in connection with this was held with the Council and there was no opportunity for further input at this time, and that the item was now ready for action. After a brief discussion between Council and the Asst . City Attorney, it was requested that the item be deferred one week to give Mr. Atwood opportunity to confer with the City Attorney. -000- ' Ordinance No . 83-160 changing the zoning from GC-MD (General Commercial- Multiple Dwelling) to RS (Residential Single Family) on property located at 2876 Kitchner was considered : ORDINANCE NOT. 83-160 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 RS (RESIDENTIAL SINGLE FAMILY) DISTRICT ON PROPERTY LOCATED AT 2876 KITCHNER; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Cox and secon- ded by Councilman Moore. Question : Ayes: All Nayes : None -000- Ordinance No . 83-161 changing the zoning from RS (_Residential Single Family) to RM-H (Residential Multiple Family High. Density) on property on the east side of Major Drive approximately 1300 feet south of Gladys was con- sidered: ORDINANCE N0. 83-:161 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 RS (RESIDENTIAL SINGLE FAMILY) TO RM-H (RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY) DISTRICT ON PROPERTY LOCATED ON THE EAST SIDE OF MAJOR DRIVE APPROXIMATELY 1300 FEET SOUTH OF GLADYS; PROVIDING FOR SEVERABILITY; PRO- VIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Cox and seconded by Mayor Neild. Question : Ayes : All Nayes : None -000- Ordinance No. 83-162 changing the zoning from R-3 (Modified Two Family and Multiple Dwelling) to GC-MD (General Commercial - Multiple Dwelling) and Ordinance No. 83-163 granting a Specific Use Permit to establish offices and a product storage warehouse on property at 695 Chamberlin ire considered : ORDINANCE NO. 83-162 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 GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING) DISTRICT ON PROPERTY LOCATED AT 695 CHAMBERLIN; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. -200- December 6, 1983 ORDINANCE NO. 83-163 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ESTABLISH OFFICES AND A PRODUCT STORAGE WAREHOUSE ON PROPERTY LOCATED AT 695 CHAMBERLIN. These ordinances were approved on a motion made by Councilman Lord and seconded by Councilman Cox. ; Question : Ayes : All Nayes : None -000- Ordinance No. 83-164 changing the zoning from RM-M (Residential Multiple Family - Medium Density) to RM-H (Residential Multiple Family - High Den- sity) and Ordinance No. 83-165 granting a Specific Use Permit to establish a horticultural landscaping and retail sales business on property at 8450 Highway 105 were considered: ORDINANCE NO. 83-164 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRI"CTS AS INDICATED UPON THE ZONING 'MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING FROM RM-M (-RESIDENTIAL MUL- TIPLE DWELLING - MEDIUM DENSITY) DISTRICT TO R"M-H (RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY) DIS- TRICT ON PROPERTY LOCATED AT 8450 HIGHWAY 105; PRO-- VIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. ORDINANCE NO. 83-165 ENTITLED AN ORDINANCE FOR THE ISBUANCE OF A SPECIFIC USE PERMIT TO ESTABLISH A HORTICUL-" TURAL LANDSCAPING AND RETAIL SALES' BUSINES"S ON PROPERTY LOCATED AT 8450 HIGHWAY' 10'5. These ordinances were approved on a motion made by Councilman Cox and seconded by Councilman Lord. Question : Ayes : All Nayes : None 'i -000- Ordinance No. 83-166 changing the zoning from AR (Agricultural Residential) to LI (Light Industrial) on a 10-acre tract approximately 3300 feet west of IH-10 south on the north side of Walden Road was considered: ORDINANCE NO. 83-166 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 AR (AGRICULTURAL RESI- DENTIAL) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT ON PROPERTY LOCATED APPROXIMATELY 3300 FEET WEST OF I-10 SOUTH ON THE NORTH SIDE OF WALDEN ROAD; PRO- VIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by" Councilman Moore and secon- ded by Councilman Cox. Question : Ayes : All Nayes : None -000- Ordinance No. 83-167 changing the zoning from LI (Light I"ndustrial) to GC-MD (General Commercial Multiple Dwelling) on property, at 1145 Park Street was considered : -201 December 6, 1983 ORDINANCE NO. 83-167 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) DISTRICT TO GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING) DISTRICT ON PROPERTY LOCATED AT 1145 PARK STREET; PROVIDING 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 Cox. Question : Ayes : All Nayes : None -000- Ordinance No. 83-168 changing the zoning from RM-H (.Residential Multiple Family-High Density) to RS (Residential Single Family) on property bounded by South Street , Guffey Street , Smart Street and Royal Purple Drive was considered: ORDINANCE NO. 83-168 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 RS (RESI- DENTIAL SINGLE FAMILY) DISTRICT ON PROPERTY BOUNDED BY SOUTH STREET, GUFFEY', SMART STREET AND ROYAL PUR- PLE DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Moore and secon- ded by Councilman Cox. Question : Ayes : All Nayes: None -000- Ordinance No. 83-169 granting a Specific Use Permit to grow and sell rare and exotic plants by appointment only in an RM-H (Residential Multiple Family-High Density) district on property at 35 Minor Street was considered: ORDINANCE NO. 83-169 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO GROW AND SELL PLANTS ON PROPERTY LOCATED AT 35 MINOR STREET. The ordinance was approved on a motion made by Councilman Cox and seconded by Councilman Lord. Question : Ayes: All Nayes : None -000- An ordinance granting a Specific Use Permit to establish a speciality contractor' s business in a GC-MD (_General Commercial - Multiple Dwelling) district on property at 5480 Washington Boulevard was considered : AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A SPECIALTY CONTRACTOR' S BUSINESS ON PROPERTY LOCATED AT 5480 WASHINGTON BOULE- VARD. The ordinance was denied on a motion made by Councilman Moore and seconded by Councilman Lord. Question : Ayes : All Nayes : None -202- December 6, 1983 Ordinance No. 83-170 abandoning a 315-foot portion of undeveloped Heritage Lane right-of-way north of Collier Road was considered: ORDINANCE NO. 83-170 ENTITLED AN ORDINANCE VACATING AND ABANDONING A 315 FOOT PORTION OF HERITAGE LANE NORTH OF COLLIER ROAD. , The ordinance was approved on a motion made by Councilman Cox and seconded by Mayor, Neild. Question : Ayes : All Nayes : None -000- . Resolution 83-454 awarding a 6-month contract for furnishing pit sand and/or clay for landfill cover with Beeco of Vidor (Pit Sand: $1 . 25 cy F.O.B. pit site and $3 . 18 cy delivered to the landfill ; Clay : $1 .25 cy F.O.B. pit site and $3. 18 cy delivered to the landfill ) was approved on a motion made by Councilman Lord and seconded by Councilman Cox. Question: Ayes : All Nayes : None -000- Ordinance No. 83-171 approving a change in the Firefighters Pension Plan was considered: ORDINANCE NO. 83-171 ENTITLED AN ORDINANCE PERMITTING BEAUMONT FIRE- FIGHTERS WHO ARE 'MEMBERS OF THE BEAUMONT FIREMEN' S RELIEF AND RETIREMENT FUND TO DEFER FEDERAL INCOME TAXES ON THEIR MONTHLY CONTRIBUTIONS TO THE PENSION FUND FROM THE TIME CONTRIBUTIONS ARE MADE TO THE LATER TIME BENEFITS ARE RECEIVED; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Lord and seconded by Councilman Cox. Question : Ayes: All Nayes : None -000 Resolution 83-455 approving funding from the Community Development Block Grant Program for Social Service Facility Rehabilitation Projects (Y.W.C.A. in the amount of $168, 000. 00 and Land Manor - Main House in the amount of $80, 000. 00) was approved on a motion made by Councilman Cox and seconded by Councilman Moore. Question : Ayes : All Nayes : None -000- Resolution 83-456 approving funding from the Community Development Block Grant Program for Historic Preservation Projects ("Frank B. Inzer , 1895 McFaddin, in the amount of $50, 000. 00; Samuel James, 1850 Sabine Pass, in the amount of $40, 000. 00; and Herschel L. Hobson, 2108 Harrison, in the amount of $30, 000. 00) was approved on a motion made by Councilman Lord and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- Ordinance No. 83-172 adopting the fiscal year 1984 Capital Funds Budgets was considered : ORDINANCE NO. 83-172 ENTITLED AN ORDINANCE ADOPTING A CAPITAL PROJECTS BUDGET FOR THE CITY OF BEAUMONT FOR FISCAL YEAR 1984. -203- December 6, 1983 The ordinance was approved on a motion made by Councilman Cox and secon- ded by Councilman Lord. Question : Ayes: All Nayes : None -000- City Manager Nollenborger told Council that at the present time a City Council meeting would not be scheduled for December 27 , 1983. -000- Mayor Neild questioned the status of the selling of Spindletop and Morgan Parks as approved in the August 13 , 1983 election. -000- Mrs. Sallye Keith, 1260 Cherokee, representing the Y.W.C.A. Board of Dir- ectors, addressed Council to express appreciation for the funding of the Y.W.C. A. under the C.D.B. G. Social Service Facility Rehabilitation Pro- jects. Mr. Archie Land, 435 Langham, Executive Director of Land Manor, addressed Council in appreciation for the action taken to fund Land Manor - Main House. Mr . Arthur Randall , 4625 Beale, addressed Council concerning the Affirma- tive Action Plan discussion to be held during the Workshop Session. -000- There being no further business , the City Council session was recessed before continuing with the Workshop Session. -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 December 6, 1983 . Rosemarie Chiappetta Deputy City Clerk -204- December 6, 1983