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HomeMy WebLinkAboutMIN JAN 15 1980 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JANUARY 15 , 1980 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 15th day of January, 1980, with the following present: HONORABLE: Maurice Meyers Mayor Tom Combs, Jr. Councilman, Ward I Calvin Williams Councilman, Ward III Leroy Evans Councilman, Ward IV Ray A. Riley City Manager Kenneth Wall City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by Dr. Jack Dark of the Westwood Bible Church. The Pledge of Allegiance was led by Councilman Williams. -000- The Minutes of the regular City Council session held January 8 , 1980 approved on a motion made by Councilman Combs; seconded by Councilman Williams -000- Ordinance 80-1 amending Chapter 30 of the Code of Ordinances, changing the zoning from R-2 to C-2 for a parcel of land northwest of the inter- section of Port Arthur Road and Spindletop Road, adopted on a motion made by Councilman Combs; seconded by Councilman Williams. ORDINANCE NO. 80-1 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDI- NANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING A 0. 885 ACRE TRACT OUT OF THE JAMES VEATCH SURVEY, BEAUMONT, JEFFERSON COUNTY, TEXAS, AS HEREINAFTER DESCRIBED, PRESENTLY ZONED R-2 TO C-2 ; PRO- VIDING FOR SEVERABILITY; AND PRO- VIDING A PENALTY. QUESTION: AYES : All NAPES: None -000- -3- January 15 , 1980 Ordinance 80-2 amending Chapter 30 of the Code of Ordinances, changing a 4. 36 acre tract out of the W.B. Dyches Survey, from R-lA to LR-1, was adopted on a motion made, by Councilman Combs; seconded by Council- man Williams. ORDINANCE NO. 80-2 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 A 4. 36 ACRE TRACT OUT OF THE W. B. DYCHES SURVEY, BEAUMONT, JEFFERSON COUNTY, TEXAS, AS HEREINAFTER DESCRIBED, PRESENTLY ZONED R-lA TO LR-1; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. QUESTION: AYES: All NAYES: None -000- At this point in the meeting, Mayor Meyers recognized Yvonne Craig, president of the Beaumont Heritage Society and Jan Krulick, curator of education at the Beaumont Art Museum, who presented Council with a Textbook which will be used to teach young people to appreciate and preserve architectural differences in design, with the buildings in Beaumont offered as specific examples. (Councilman Evans arrived for meeting. ) Mayor Meyers expressed appreciation for the Textbook stating that it would be added to the Library. -000- Resolution 80-7 authorizing the City Manager to execute a lease with the Y.M.C.A. to lease the Y.M.B.L. Building at Fair Park for a two- year period with rental of $600. 00 per month, was approved on motion by Councilman Combs; seconded by Councilman Evans. QUESTION: AYES: All NAYES: None -000 Resolution 80-8 authorizing the City Manager to purchase a rear end for a 1975 International 20 cubic yard rear loading refuse truck from Tidelands International, Inc. , for $1347. 33, for the Fleet Div. , was approved on a motion by Councilman Evans; seconded by Councilman Williams. QUESTION: AYES: All NAYES: None -000- Resolution 80-9 accepting water, sanitary sewer, storm sewer and pav- ing improvements in Wescalder Estates and Somerset Place Division, was approved on a motion made by Councilman Williams; seconded by Councilman Combs. QUESTION: AYES: All NAYES: None -000- -4- January 15, 1980 Resolution 80-10 authorizing the purchase of a parcel of right-of-way needed for the Buford-Carroll Street Project (Parcel #32, 1004 . 2 sq. ft. tract of land out of Tract 2, David Brown League, for $850. 00 was approved on a motion by Councilman Evans; seconded by Councilman Combs. QUESTION: AYES : All NAYES : None -000- Resolution 80-11 authorizing Security Title Company to do title work and M. L. Lefler, Jr. , to do appraisal work on needed parcels of land in Block 64 of the Original Townsite of Beaumont Addition and a 120 '' x 300 ' parcel of land out of City Tax Tract 24, of the Noah Tevis Survey, approved on a motion made by Councilman Combs; seconded by Councilman Evans. QUESTION: AYES: All NAYES: None -0004- Resolution 80-12 authorizing the City Manager to execute a contract with Exxon for aviation fuel at the Beaumont Municipal Airport for the month of January and to execute a contract with Exxon for avia- tion fuel, rental of a fuel truck and purchase of existing underground tanks for a one-year period commencing February 1, 1980, approved on a motion made by Councilman Combs; seconded by Councilman Williams. A lengthy discussion was held relative to fuel purchases, maintenance of the tanks, etc. Councilman Evans expressed concern regarding the responsibility of purchasing the gas -- who would stand the loss, if there is a loss, and who would be responsible for the upkeep of the equipment. City Manager stated the tanks would be a part of the airport same as the hangars -- the cost of the other equipment would be borne by the FBO. QUESTION: AYES: Councilman Combs Councilman Williams NAYES: Councilman Evans Councilman Williams asked if the contract covered any permanent or additional improvements which might be made by the FBO. . .will these become property of the City. City Attorney Kenneth Wall stated this would be under a different contract, but, in the past, improvements have become the property of the City. -000- Resolution 80-13 authorizing the City Manager to execute a contract with Overhead Door Company for emergency repairs to the door to the large hangar building at Beaumont Municipal Airport, in the amount of $3000, approved on a motion made by Councilman Combs; seconded by Councilman Evans. QUESTION: AYES: All NAYES: None -5- January 15, 1980 -000- Resolution 80-14 was introduced for consideration concerning a pro- posal submitted by D. W. Born to provide aviation related services for the Beaumont Municipal Airport. Motion was made by Councilman Evans; seconded by Councilman Williams. Mr. D. W. Born read a prepared statement to the City Council. City Manager explained to Council that the resolution as written was for the rejection of the proposal based on the recommendation of the Airport Advisory Committee by a 5-0 vote. Council Evans stated he was not voting for rejection; he was voting for approval of the lease. . .that he must have misunderstood something; that he was withdrawing his motion. City Manager suggested that the wording of the Resolution "whereby reject" could be changed to "whereby approve. " Mayor Meyers stated that the motion as proposed would be for approval of the lease. City Attorney Kenneth Wall explained this could present some problems and suggested that the resolution be scratched and have a motion to approve the proposal. Councilman Evans moved to approve the proposal as brought forward by Mr. Horn. Motion died for lack of a second. Councilman Combs moved that the resolution, as written, be accepted; seconded by Councilman Williams. QUESTION: AYES: Councilman Combs Councilman Williams NAYES : Councilmen Evans RESOLUTION 80-14 WHEREAS, the City of Beaumont received proposals for the conduct of a Fixed Base Operation at the Beaumont Municipal Airport for a five (5) year term beginning in ,1980 ; and, WHEREAS, D. W. Born Enterprises, Inc. submitted a proposal to - the City of Beaumont for the conduct of a Fixed Base Opera- tion at the Beaumont Municipal Airport; and, WHEREAS, proposal of D. W. Born Enterprises, Inc. was rejected and the proposal of Professional Aviation Services Company was accepted; and, WHEREAS, D. W. Born Enterprises, Inc. has now made a specia- lized operator proposal to conduct air charter, flight school, sales and repair services at the Beaumont Municipal Airport; and, WHEREAS, the City Council is of the opinion that permitting D. W. Born Enterprises, Inc. to conduct such services on the premises of the Beaumont Municipal Airport would interfere with the ability of Professional Aviation Services, the Fixed Base Operator at the Beaumont Municipal Airport, to provide adequate, safe, and reliable services at the Beaumont Munici- pal Airport at all times; -6- January 15, 1980 Resolution 80-14 (Cont' d. ) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the proposal made on the 27th day of December 1979, by D.W. Born Enterprises, Inc. to conduct air flight, air charter services, and aircraft sales services on the premises of the Beaumont Municipal Airport is hereby, in all things, rejected. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of January, 1980. /s/ MAURICE MEYERS - Mayor - -000- Ordinance 80-3, amending Chapter 28 of the Code of Ordinances, was adopted on a motion made by Councilman Combs; seconded by Councilman Williams. ORDINANCE 80-3 ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF TnE CITY OF BEAUMONT; PROVIDING A NEW DEFI- NITION OF "TRASH" ; REGULATING WHAT TYPES OF TRASH WILL AND WILL NOT BE COLLECTED; AMENDING COLLECTION AND REMOVAL CHARGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilman Williams suggested better coordination among departments-- Planning, Legal, Health, Environmental Control to "zero in" on those who are not keeping their property clean. QUESTION: AYES: All NAYES : None -000- Resolution 80-15 approving the creation of Beaumont Housing Finance Corporation; approving the articles of incorporation thereof and ap- pointing the initial directors thereof; and containing other pro- visions relating to the subject, approved on motion by Councilman Evans; seconded by Councilman Combs. QUESTION: AYES: All NAYES: None Th number of directors of this Corporation is seven. The names and addresses of the members of the initial Board of Directors are: I. F. Betts 805 19th Street M. L. Lefler, Jr. 621 14th Street Vi McGinnis 195 East Caldwood Paul Brown 2405 S. 4th Street Betty J. Byram 4550 Gladys Gerald Clark 350 Dowlen Road Sam O. Smith 5680 N. Circuit (Council recessed for Executive Session at 2 : 30 P,M. ; reconvened at 3: 00 P.M. ) -7- January 15 , 1980 -000- Resolution 80-16 authorizing the City Manager to purchase Lots 66 , 67, 71 and portions of Lots 68, 69 and 70 in Block 13 of the Old Town of Beaumont, containing 36, 600 square feet, at a total purchase price not to exceed $394, 343 and authorizing the City Manager to enter into a lease agreement with Central City Hotel, Ltd. for parking spaces in the proposed parking garage, approved on a motion made by Councilman Combs; seconded by Councilman Evans. QUESTION: AYES: Councilman Combs Councilman Evans NAYES: Councilman Williams -000- Councilman Williams asked Council to consider reducing ratio of pre- payments required on assessment paving projects from 75% to 500 , or some lower figure. City Manager proposed to add another 30-day extension to the West- chester Addition project and further discussion to be held at the Workshop. -000- Mrs. Delia Harrington offered to donate a 6 ' Magnolia tree to the City provided the City would bear the expense of moving the tree from her property on Grand Street. Mr. L. P. Kinnear discussed oil in the Gulf of Mexico. -000- 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 January 15, 1980. Myrtle Corgey, City Clerk -8 January 15, 1980 CORRECTED MINUTES REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JANUARY 15 , 1980 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas , met in regular session this the 15th day of January , 1980, with the following present : HONORABLE : Maurice Meyers Mayor Tom Combs , Jr . Councilman , Ward I Calvin Williams Councilman , Ward III *Leroy Evans Councilman, Ward IV Absent : Vi McGinnis Councilwoman , Ward II . Ray A. Riley City Manager Kenneth Wall City Attorney Myrtle Corgey City Clerk (*Arrived late) -000- The Invocation was given by Dr. Jack Dark of the Westwood Bible Church. The Pledge of Allegiance was led by Councilman Williams . -000- The Minutes of the regular City Council session held January 8, 1980, were approved on a motion made by Councilman Combs ; seconded by Councilman Williams . Question : Ayes : All Nayes : None -000- Ordinance No . 80-1 amending Chapter 30 of the Code of Ordinances , changing the zoning from R-2 to C-2 for a parcel of land northwest of the intersec- tion of Port Arthur Road and Spindletop Road, was considered : ORDINANCE NO. 80-1 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS , AND IN PARTICULAR THE BOUNDARIES OF THE ZON- ING DISTRICTS AS INDICATED UPON THE ZONING MAP OF BEAUMONT , TEXAS , BY CHANGING A 0. 885 ACRE TRACT OUT OF THE JAMES VEATCH SURVEY, BEAUMONT , JEFFERSON COUNTY, TEXAS , AS HEREIN- AFTER DESCRIBED , PRESENTLY ZONED R-2 TO C-2 ; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY . The ordinance was approved on a motion made by Councilman Combs and secon- ded by Councilman Williams . Question : Ayes : All Nayes : None -000- Ordinance No. 80-2 amending Chapter 30 of the Code of Ordinances , changing a 4 . 36 acre tract out of the W. B. Dyches Survey , from R-lA to LR-1 , was considered : ORDINANCE NO. 80-2 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 BEAU- MONT, TEXAS , BY CHANGING A 4. 36 ACRE TRACT OUT OF THE W. B. DYCHES SURVEY, BEAUMONT , JEFFERSON COUNTY, TEXAS , AS HEREINAFTER DESCRIBED, PRESENTLY ZONED R-lA TO LR-1 ; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. -3- January 15 , 1980 The ordinance was approved on a motion made by Councilman Combs and secon- ded by Councilman Williams. Question : Ayes : All Nayes : None -000- At this point in the meeting, Mayor Meyers recognized Yvonne Craig , presi- dent of the Beaumont Heritage Society and Jan Krulick, curator of educa- tion at the Beaumont Art Museum, who presented Council with a Textbook which will be used to teach young people to appreciate and preserve archi- tectural differences in design , with the buildings in Beaumont offered as specific examples . (Councilman Evans arrived for the meeting. ) Mayor Meyers expressed appreciation for the Textbook stating that it would be added to the Library . -000- Resolution 80-7 authorizing the City Manager to execute a lease with the Y.M.C.A. for the Y.M.B.L. Building at Fair Park for a two-year period with rental of $600. 00 per month was approved on a motion made by Councilman Combs and seconded by Councilman Evans . Question : yes : All Nayes : None - 000- Resolution 80-8 authorizing the City Manager to purchase a rear end for a 1075 International 220 cubic yard rear loading refuse truck from Tidelands international , Inc . , for $1 , 347. 33 for the Fleet Division was approved on a motion made by Councilman Evans ; seconded by Councilman Williams . Question : Ayes : All Nayes : None -000- Resolution 80-9 accepting water , sanitary sewer, storm sewer and paving improvements in Wescalder Estates , Sandelwood Trail and Somerset Place Subdivisions was approved on a motion made by Councilman Williams and se- conded by Councilman Combs . Question : Ayes : All Nayes : None -000- Resolution 80-10 authorizing the purchase of parcel #32 , 1004 . 2 square foot tract of land out of Tract 2 , David Brown League, for the Buford- Carroll Street Project at a cost of $850. 00 was approved on a motion made by Councilman Evans and seconded by Councilman Combs . Question : Ayes : All Nayes : None -000- Resolution 80-11 authorizing Security Title Company to do title work and M. L. Lefler, Jr . , to do appraisal work on needed parcels of land in Block 64 of the Original Townsite of Beaumont Addition and a 120 ' x 300 , parcel of land out of City Tax Tract 24 , of the Noah Tevis Survey - needed for the proposed new Central Fire Station - was approved on a motion made by Coun- cilman Combs and seconded by Councilman Evans. Question : Ayes : All Nayes : None -000- Resolution 80-12 authorizing the City Manager to execute a contract with Exxon for aviation fuel at the Beaumont Municipal Airport for the month of January and to execute a contract with Exxon for aviation fuel , rental of a fuel truck and purchase of existing underground tanks for a one-year period commencing February 1 , 1980, approved on a motion made by Council- man Combs and seconded by Councilman Williams . -4- January 15 , 1980 A lengthy discussion was held relative to fuel purchases , maintenance of the tanks , etc . Councilman Evans expressed concern regarding the respon- sibility of purchasing the gas -- who would stand the loss, if there is a loss, and who would be responsible for the upkeep of the equipment . City Manager stated the tanks would be a part of the airport the same as the hangars -- the cost of the other equipment would be borne by the FBO. Question: Ayes : Mayor Meyers Nayes : Councilman Evans Councilman Combs Councilman Williams -000- Councilman Williams asked if the contract covered any permanent or addi- tional improvements which might be made by the FBO . . . will these become the property of the City. City Attorney Kenneth Wall stated this would be under a different contract , but , in the past , improvements have become the property of the City. -000- Resolution 80-13 authorizing the City Manager to execute a contract with Overhead Door Company for emergency repairs to the door to the large hangar building at Beaumont Municipal Airport, in the amount of $3 , 000, 00, was approved on a motion made by Councilman Combs and seconded by Council- man Evans . Question : Ayes : All Nayes : None -000- Resolution 80-14 was introduced for consideration concerning a proposal submitted by D. W. Born to provide aviation related services for the Beaumont Municipal Airport . Motion was made by Councilman Evans and seconded by Councilman Williams to approve the resolution. Mr. D. W. Born read a prepared statement to the City Council . The City Manager explained to Council that the resolution as written was for the rejection of the proposal based on the recommendation of the Air- port Advisory Committee by a 5-0 vote. Councilman Evans stated he was not voting for rejection; he was voting for approval of the lease . . . that he must have misunderstood something; that he was withdrawing his motion. City Manager suggested that the wording of the Resolution "whereby reject" could be changed to "whereby approve. " Mayor Meyers stated that the motion as proposed would be for approval of the lease . City Attorney Kenneth Wall explained this could present some problems and suggested that the resolution be scratched and have a motion to approve the proposal . Councilman Evans moved to approve the proposal as brought forward by Mr . Born. Motion died for lack of a second. Councilman Combs moved that the resolution , as written , be accepted : Coun- cilman Williams seconded the motion. Question : Ayes : Mayor Meyers Nayes : Councilman Evans Councilman Combs Councilman Williams -5- January 15 , 1980 RESOLUTION 80-14 WHEREAS , the City of Beaumont received proposals for the conduct of a Fixed Base Operation at the Beaumont Municipal Airport for a five (5) year term beginning in 1980; and, WHEREAS , D. W. Born Enterprises, Inc. submitted a proposal to the City of Beaumont for the conduct of a Fixed Base Operation at the Beaumont Municipal Airport ; and, WHEREAS , proposal of D. W. Born Enterprises , Inc. was re- jected and the proposal of Professional Aviation Services Company was accepted; and, WHEREAS , D. W. Born Enterprises, Inc . has now made a spe- cialized operator proposal -to conduct air charter , flight school , sales and repair services at the Beaumont Munici- pal Airport ; and, WHEREAS, the City Council is of the opinion that permitting D. W. Born Enterprises, Inc . to conduct such services on the premises of the Beaumont Municipal Airport would interfere with the ability of Professional Aviation Services , the Fixed Base Operator at the Beaumont Municipal Airport , to provide adequate, safe, and reliable services at the Beaumont Muni- cipal Airport at all times ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT : THAT the proposal made on the 27th day of December , 1979, by D. W. Born Enterprises, Inc. to conduct air flight , air char- ter services , and aircraft sales services on the premises of the Beaumont Municipal Airport is hereby, in all things , re- jected. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of January, 1980. /s/ MAURICE MEYERS - Mayor - -000- Ordinance No. 80-3 , amending Chapter 28 of the Code of Ordinances , was considered: ORDINANCE NO. 80-3 ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT; PROVIDING A NEW DEFINITION OF "TRASH" ' REGULATING WHAT TYPES OF TRASH WILL AND WILL NOT BE COLLECTED; AMENDING COLLECTION AND REMOVAL CHARGES ; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Combs and secon- ded by Councilman Williams . Councilman Williams suggested better coordination among departments -- Plan- ning, Legal , Health, Environmental Control to "zero in" on those who are not keeping their property clean . Question : Ayes : All Nayes : None -000- -6- January 15 , 1980 Resolution 80-15 approving the creation of Beaumont Housing Finance Cor- poration; approving the articles of incorporation thereof and appointing the initial directors thereof ; and containing other provisions relating to the subject , approved on motion made by Councilman Evans and seconded by Councilman Combs . The number of directors of this Corporation is seven . The names and ad- dresses of the members of the initial Board of Directors are : I . F. Betts 805 19th Street M. L. Lefler, Jr. 621 14th Street Vi McGinnis 195 East Cladwood Paul Brown 2405 S . 4th Street Betty J. Byram 4550 Gladys Gerald Clark 350 Dowlen Road Sam O. Smith 5680 N. Circuit Question : Ayes : All Nayes : None -000- (Council recessed for Executive Session at 2 : 30 p .m. ; reconvened at 3 : 00 p .m. ) -000- Resolution 80-16 authorizing the City Manager to purchase Lots 66 , 97 , 71 and portions of Lots 68, 99 and 70 , in Block 13 of the Old Town of Beaumont , containing 36, 000 square feet , at a total purchase price not to exceed $394 , 343 . 00 and authorizing the City Manager to enter into a lease agreement with Central City Hotel , Ltd, for parking spaces in the proposed parking garage, was approved on a motion made by Councilman Combs and seconded by Councilman Evans. Question: Ayes : Mayor Meyers Nayes : Councilman Councilman Combs Williams Councilman Evans -000- Councilman Williams asked Council to consider reducing the ratio of pre- payments required on Assessment Paving Projects from 75 per cent to 50 per cent or some lower figure. The City Manager proposed to add another 30-day extension to the West- chester Addition project and further discussion was to be held at the Workshop Session. -000- Mrs . Delia Harrington , 815 Willow Street , offered to donate a 6 ' Magnolia tree to the City provided the City would bear the expense of moving the tree from her property on Grand Street . Mr. L. P. Kinnear, 2395 Park Street , addressed Council to discuss oil in the Gulf of Mexico. -000- 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 session held January 15, 1980. Myrtle Corgey City Clerk -7- January 15 , 1980