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Home My WebLink AboutMIN MAY 27 1986 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MAY 27, 1986 - 1:15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 27th day of May, 1986, with the following present: HONORABLE: Maurice Meyers Mayor Bob Lee, Jr. Councilman At Large Andrew P. Cokinos Councilman At Large Nell Pruitt Weisbach Councilman, Ward I Mike Brumley Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Albert E. Haines City Manager Lane Nichols City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by Father. B. M. Welborn, pastor of St. George Greek Orthodox Church. The Pledge of Allegiance was led by Mayor Meyers. -000- MAYOR MEYERS: At a hearing this morning in the U. S. District Court in Fort Lauderdale, Florida, the Federal Judge has approved the City's undertaking agreement with the Trustees in bankruptcy in ESM Government Securities. Lawyers for the City of Beaumont representing us in Florida have received the check in hand from the Trustee in the amount of $4,417,853.70. That check is now on its way to Beaumont and will be received in the City of Beaumont tomorrow and will be invested at the earliest possible date. -000- Two proclamations were issued: one recognizing "East Mount Olive Baptist Church" for its. 118th Birthday - June 1, 1986 and "Management Week" - week of June 1 s t. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held May 20, 1986; Resolution 86-165 , appointing Linda Sculley to the Clean Community Commission fill the unexpired term of Jim Weber to September 30, 1986; -103- May 27, 1986 Resolution 86-166 authorizing purchase of Parcel 132, 9,138 square feet out of the David Brown League from Richard T. and Rau Meeks at $7,768.00 for the M. L. King, Jr. , Parkway/Spur 380 Project; Resolution 86-167 amending Resolution 86-159, passed May 20, 1986, authorizing execution of a "License to Encroach" to Mr. William Martin, Jr. , on the east 6- 1/2 feet encroachment on the 8-foot utility easement located on the rear of Lot 21, Block 3, in Wescalder Estates for a fee of $500.00; Resolution 86-168 authorizing a lease agreement with Mr.Paul Knobloch for the use of Lots 6, 7 & 8, Block 13 of the Van Wormer Addition for the storage of road base material on a month-to-month basis at $85.00 per month; and Resolution 86-169 authorizing purchase of 50 bus stop benches from Persenaire Park and Playground Products, Inc. of Houston, Texas at $4,845 and 21 Type A shelters at $50,148 and 9 Type B shelters at $44,064 from Handi-Hut, Inc. , Passaic, New Jersey. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- No citizens wished to address the Council on Agenda Items 12 through 17. -000- Ordinance No. 86-51 granting an Historical Cultural Landmark Preservation Overlay on property located at 1835 Pennsylvania and described as Tract 19, Plat Q, D. Brown Survey, Abstract 5, (requested by Rose Marie Owens): ORDINANCE NO. 86-51 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 ESTABLISH- ING AN H-C (HISTORICAL-CULTURAL) OVERLAY ZONE FOR PROPERTY LOCATED AT 1835 PENNSYLVANIA; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 86-52 changing the zoning from RS (Residential Single Family) to GC-MD (General Commercial Multiple Family Dwelling) on property located at 4890 Concord and described as 'Tracts 21 and 191,P1at D-14, A Williams Survey, Abstract 385 (requested by E-Z Mart Stores, Inc. to rebuild a larger, more modern store facility): -104- May 27, 1986 ORDINANCE NO. 86-52 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 ZOING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING FROM RS (RESIDENTIAL SINGLE FAMILY DISTRICT) TO GC-MD (GENERAL COMMERCIAL-MULTI FAMILY DWELLING DISTRICT) ON PROPERTY LOCATED AT 4890 CONCORD ROAD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 86-53 granting a Specific Use Permit to enlarge the temporary shelter for battered women and children at 2135 Victoria and described as Lot 9 and the south 1/2 of Lot. 10, Block 10, Ogden Addition (requested by Family Services Association): ORDINANCE NO. 86-53 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ENLARGE THE TEMPORARY SHELTER FOR BATTERED WOMEN AND CHILDREN LOCATED AT 2135 VICTORIA STREET, BEAUMONT, TEXAS. Ordinance NO. 86-54 granting a Specific Use Permit for a garage apartment on property located at 708 Campus and described as Lot 1, Block 1, Campus Addition (requested by Mr. and Mrs.Cesar Cerrudo): ORDINANCE NO. 86-54 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A GARAGE APARTMENT ON PROPERTY LOCATED AT 708 CAMPUS, BEAUMONT, TEXAS. and Ordinance No. 86-55 abandoning a 20-foot alley and retaining a 20-foot utility easement in Block 21 of- the Cartwright Terrace Addition (requested by Larry Spillman for property owners Reliance Electric Company, Parts Exchange Company and Martin & Mathews Oil Company) were considered: ORDINANCE NO. 86-55 ENTITLED AN 'ORDINANCE VACATING AND ABANDONING A 20-FOOT ALLEY LOCATED IN BLOCK 21, CARTWRIGHT TERRACE ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS AND PROVIDING FOR RETENTION OF A UTILITY. EASEMENT. Ordinances No. 86-51 through 86-55 were approved on a motion made by Councilman Lee and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -105- May 27, 1986 Ordinance No. 86-56 changing the zoning from GC-MD (General Commercial Multiple Dwelling) district to GC-MD (General Commercial Multiple Dwelling), NC (Neighborhood Commercial), RCR (Residential Conservation and Revitalization), RM-H (Residential Multiple Dwelling-Highest Density) or to a more restrictive district for properties bounded by Jackson Street, Sabine Pass, M. L. King, Jr. Parkway and Irving Avenue, known as the Pennsylvania/Sabine Pass Rezoning Study, Phase I, was considered: ORDINANCE 86-56 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 GC-MD (GENERAL COMMER- CIAL-MULTIPLE DWELLING DISTRICT), NC (NEIGHBORHOOD COMMERCIAL DISTRICT), RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION DISTRICT), AND, RM-H (RESIDENTIAL MULTIPLE DWELLING-HIGHEST DENSITY DISTRICT) ON PROPERTY DESCRIBED AS THE PENNSYLVANIA/SABINE PASS REZONING STUDY, PHASE I; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Moore and seconded by Concilman Lee. Question: Ayes: All Nayes: None -000- Ordinance No. 86-57 changing the zoning from RM-H (Residential Multiple Family- Highest Density) and GC-MD (General Commercial Multi-Family Dwelling) to CSC (Community Shopping Center) on property located in the northeast corner of Dowlen and Old Dowlen Roads, described as a 21.81 acre tract out of the A. Durvey Survey, Abstract 459 and out of the F. Bigner Survey, Abstract 1 (requested by The Mitchell Company, Jered B. Whitehead - property owned by Amoco Production Corporation) was considered: ORDINANCE NO. 86-57 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDAR.IES .OF THE ZONING DISTRICTS AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING FROM RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY DISTRICT). AND AGC-MD (GENERAL COMMERCIAL-MULTI- 'FAMILY DWELLING DISTRICT) TO CSC (COMMUNITY SHOPPING CENTER DISTRICT) ON PROPERTY LOCATED IN THE NORTHEAST CORNER OF DOWLEN AND OLD DOWLEN ROADS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. a -106- May 27, 1986 CORRECTED Ordinance No. 86-57 was approved on a motion made by Councilman Brumley and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- An ordinance changing the zoning from RS (Residential Single Family) to RM-M (Residential Multi-Family-Medium Density) for a day care center on property at 8105 Highway 105 and described as Tract 37, Neches Terrace Addition (requested by Nancy M. Marchetti, Don and Patricia Mentz) 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 RS (RESIDENTIAL SINGLE FAMILY DISTRICT) TO RM-M (RESIDENTIAL MULTI-FAMILY-MEDIUM DENSITY DISTRICT) ON PROPERTY LOCATED AT 8105 HIGHWAY 105; BEAUMONT, JEFFER- SON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. and An ordinance granting a Specific Use Permit for a day care center on property located at 8105 Highway 105 was considered: AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A DAY CARE CENTER ON PROPERTY LOCATED AT 8105 HIGHWAY 105, BEAUMONT, JEFFERSON COUNTY, TEXAS. " The ordinances failed to pass on a motion made by Councilman Weisbach and seconded by Councilman Cokinos because of sufficient opposition of surrounding property owners to invoke the 75%. or 6 members of City Council favorable vote. Question: Ayes: Mayor Meyers Nayes: Councilman Lee Councilman Councilman Brumley Cokinos Councilman Samuel Councilman Weisbach Councilman Moore -000- Ordinance No. 86-58 changing , the zoning from RS (Residential Single Family) district to A-R (Agricultural Residential) district on property generally located at the northeast corner of Sherwood Drive and the Voth Road cut-off and described as a 51.36 acre tract 805 feet along Voth Road and 26.76 to 2878 feet deep out of the Thomas Speer League, Abstract 5,0 (requested by Earl W. Kohler for John Bankston) was considered: -107- May 27, 1986 CORRECTED ORDINANCE NO. 86-58 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 DISTRICT) TO A-R (AGRICULTURAL RESIDENTIAL DISTRICT) ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF SHERWOOD DRIVE AND VOTH ROAD CUT-OFF; PROVIDING FOR SEVERABIILTY; PROVID- ING FOR REPEAL AND PROVIDING A PENALTY. and Ordinance No. 86-59 granting a Specific Use Permit for a borrow pit on property generally located at the northeast corner of Sherwood Drive and the Voth Road cut-off was considered: ORDINANCE NO. 86-59 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A BORROW PIT ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF SHERWOOD DRIVE AND VOTH CUTY-OFF, BEAUMONT, TEXAS. Councilman Cokinos made a motion to defer action; motion.f ailed for lack of a second. The ordinances were approved on a motion made by Councilman Brumley and seconded by Councilman Samuel. Question: Ayes: Mayor Meyers Nayes: Councilman Cokinos Councilman Lee Councilman Weisbach ~ Councilman Brumley Councilman Samuel Councilman Moore -000- An ordinance granting a Specific Use Permit for a lounge on property located at 2405 Hegele and described as Tract 45, Plat B-10, J. W. Bullock Survey, Abstract 71 (requested by Horace Williams) was considered: AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A LOUNGE ON PROPERTY LOCATED AT 2405 HEGELE, BEAUMONT, TEXAS. The ordinance was denied on a motion made by Councilman Weisbach and seconded by Councilman Moore. Question: Ayes: All Nayes: None -108- May 27, 1986 k CORRECTED Ordinance No. 86-60 granting a Specific Use Permit for a lounge on property located at 2179 Sabine Pass and described as Lot 9, Block 2, Flowers Addition (requested by Normand P. Powell for Sergeant Powell's Lounge) was considered: ORDINANCE NO. 86-60 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A LOUNGE ON PROPERTY LOCATED AT 2179 SABINE PASS, BEAUMONT, TEXAS. The ordinance was approved on a motion made by Councilman Moore and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Resolution 86-1,70 authorizing execution of an agreement between the City of Beaumont and the Outboard Marine Corporation of Waukegan, Illinois and Formula I Racing for one of the Formula I U.S. Grand Prix Tour Races to be held in the river at the Port, tentatively scheduled for August 16 and 17, 1986, was approved on a motion made by Councilman Cokinos and seconded by Councilman Moore. Question: . Ayes: All Nayes: None -000- Resolution 86-171 authorizing submission of the 1986 Community Development Block Grant Final Statement of Objectives and Projected Use of Funds in the amount of $1,573,083.69 to the Department of Housing and Urban Development and approving the 1986 CDBG Citizens Advisory Committee's recommendations for allocation of funds was approved on a motion made by Councilman Moore and seconded by Councilman Lee. M, Question: Ayes: All Nayes: None -000- Resolution 86-172 authorizing re-award of a bid for the purchase of two (2) electronic truck scales to C.M.I. Weighing Equipment Division, Oklahoma City, Oklahoma at $82,917.00 to be installed at the entrance to the Landfill site on Lafin Road was approved on a motion made by Councilman Brumley and seconded by Councilman Weisbach. Question: Ayes: Mayor Meyers Nayes: Councilman Cokinos Councilman Lee Councilman Weisbach Councilman Brumley Councilman Samuel Councilman Moore -109- May 27, 1986 Resolution 86-173 authorizing sale of the former Spindletop Park - Parcel 15 of the surplus City-owned property - described as 17.846 acres out of the J. W. Bullock and J. A. Veatch Surveys to Kansas City Southern Railway Company in an amount of $44,650 and the release of a reversionary clause on the former Fire Station #9 was approved on a motion made by Councilman Weisbach and seconded by Councilman Samuel. Question: Ayes: All Nayes: None It was again stated that it was Council's intent not to award the bid for the sale of the Parks and Recreation Building. Other alternatives are currently being sought. -000- Resolution 86-174 authorizing Change Order No. 1 to increase the amount of concrete cart paths from 10,600 square yards to 13,990 square yards, increasing contract amount by $46,104 and Change Order No. 2 t0 include reconditioning of three (3) additional ponds, increasing the contract amount by . $14,350 to the contract with Swain Company, Inc. for improvements at the Henry Homberg Golf Course, increasing the contract amount from $388,853.60 to $449,307.60 was approved on a motion made by Councilman Cokinos and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution 86-175 awarding annual contracts for the . purchase of freeway lighting materials to All-Phase Electric Company of Groves, Texas at $24,888.00 and Graybar Electric Company at $1,600.00 was approved on a motion made by Councilman Cokinos and seconded by Councilman Samuel. ' Question: _Ayes: All Nayes: None -000- . ... Councilman Moore requested information from a meeting to be held June 17, 1986, concerning Medicare/cade payments for EMS Services and asked that the information be presented in a Workshop Session or memorandum form. Mayor Meyers complimented Mr. Henry. Engelbrecht, Director of Parks and Recreation Department, for the good condition of Fair Park and for the rehabilitation of the Showmobile. -000- Mr. C. L. Sherman; 585 Belvedere; addressed Council to congratulate the City for the partial recovery of funds from the ESM Government Securities. Mr. Forrest F. Posey, 3695 Edmonds, addressed Council to complain about the poor drainage in his area. -110- May 27, 1986 There, being no further business, the meeting was recessed before continuing 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 May 27, 1986. Myrtle Corgey City Clerk -111- May 27, 1986