HomeMy WebLinkAboutMIN JAN 25 1983 REGULAR SFSSION
CITY COUNCIL - CITY OF BEAUMONT
HELP, JANUARY 25 , 1983
BE IT REMEMBERED that the City Council of the City of Beaumont , Texas ,
met in regular session this the 25th day of January , 1983 , with the
following present :
HONORABLE : Evelyn M. Lord Mayor Pro Tem and
Councilman , Ward II
Bill Cox Councilman , Ward I
Joseph D . Deshotel Councilman , Ward III
Wayne Turner Councilman_ , Ward IV
Hugh Earnest Acting City Manager
Kenneth Wall City Attorney
Myrtle Corgey City Clerk
Absent : William E. Neild. Mayor
-000-
The Invocation was given by Mr . Famous Byers , pastor of the Ridgewood
Church of Christ .
The Pledge of Allegiance was led by Councilman Deshotel .
-000-
The following proclamations were issued : "Children Dental Health Month
in Beaumont" - February , 1983 ; "American History Month in Beaumont" -
February , 1983 and "Texas School Guidance Week in Beaumont" - January 31 -
February 5 , 1983 .
-000-
Presentation of retirement plaques and service awards were made :
Those receiving 15-year service pins were : James R. Allen , Chester Sparks
and Ronnie L. Turner of the Fire Department ; Johnny Reyes of the Environ-
mental Control Office ; Joe W. Crutchfield and James R. Smith of the Police
Department ; Arthur Botley and James Harris of the Sanitation Department and
Angelo Gallio of the Health Department .
Those receiving 20-year pins were Dalton Domingue of the Sanitation Depart-
ment ; David R. Richard , Water Commercial ; Herman Walker , Water Distribu-
tion .
Those receiving 25-year pins were : Charles A . Perricone, Major in the
Police Department ; Paul S . Rose of the Street Department ; and Judson M.
Tatum , Building Maintenance Director .
Employees with 30-years of service receiving pins were :
Underwood Hill , Director of Public Utilities ; Leroy 'Minton of the Street De-
partment ; and William R. Reynolds of the Police Department .
Retirement Plaques were presented to Lawrence H. Revia, Street Department
employee with 39 years of service; Pete Dominick , Jr. , Fire Department
with 26 years of service and Margie Pourner , 42 years of service with the
Building Maintenance Department .
-000-
The following Consent Agenda items were considered :
Approval of the Minutes of the regular City Council session held
January 18 , 1983 ;
-11 - January 25 , 1983
Peso I nt inn 83-28 ;rc•Cnt,t ill � WrI1 1 i n;Tt on tl;rlr:-; Dr•i from Wel 7 in rton P1 a('(, to
Lite cu I de Sac ilnl Lit, i 1 i Ly impruvt411-rri ;; N)r herL:7 t -- IG , 13'toe' 1 lrr We111ng-
ton Oaks Subdivision ;
fter;olution 83-29 authorizing the put-chasc of a 1.5, 000 watt standby genera-
tor for the radio shop in case of power failure from Hewitt Pump, Inc. in
the amount of $9 ,698. 00;
Resolution 83-30 naming Acting City Manager Hugh Earnest as the city offi-
cial designated to sign documents related to Environmental Protection
Agency grants - #C-48--1254-02 , #C-48-1254-03 and #C-48-1254-04 - for the
construction of the Wastewater Treatment Works for the City of Beaumont ;
Resolution 83-31 authorizing payment to Strand Book Store in the amount
of $1 ,279. 59 for books furnished to the library;
Resolution 82-32 appointing James J. Lydon and Alice Jefferson Taylor
to the Senior Citizens Advisory Commission for terms expiring September
30, 1984; and
Resolution 83--33 authorizing a settlement in the case of John Greathouse
v. City of Beaumont , et al , by payment of $6, 000. 00 to the plaintiff and
his attorney.
The Consent Agenda was approved on a motion made by Councilman Turner and
seconded by Councilman Turner and seconded by Councilman Cox.
Question : Ayes : All Nayes : None
-000-
Ordinance No. 83-5 granting a specific use permit for a church at 10613
Black Lane was considered :
ORDINANCE NO. 83-5
ENTITLED AN ORDINANCE FOR THE ISSUANCE
OF A SPECIFIC USE PERMIT TO ESTABLISH
A CHURCH IN AN RS (RESIDENTIAL SINGLE
FAMILY) DISTRICT ON PROPERTY LOCATED
AT 10613 BLACK LANE .
The ordinance was approved on a motion made by Councilman Deshotel and
seconded by Councilman Turner.
Question : Ayes : All Nayes : None
Ordinance No.No. 83-6 granting a specific use permit for a utility service
building and storage yard in the 5200-5300 Blocks of Washington Boulevard
(requested by Southwestern Bell Telephone Company) was considered:
ORDINANCE NO. 83-6
ENTITLED AN ORDINANCE FOR THE ISSUANCE OF
A SPECIFIC USE PERMIT TO ESTABLISH A
UTILITY SERVICE BUILDING AND STORAGE YARD
IN A GC-MD (GENERAL COMMERCIAL - MULTIPLE
DWELLING) DISTRICT IN THE 5200-5300 BLOCKS
OF WASHINGTON BOULEVARD .
The ordinance was approved on a motion made by Councilman Deshotel and
seconded by Councilman Cox.
Question : Ayes : All Nayes : None
-000-
Ordinance No. 83-7 granting a specific arse permit for a utility service
building and storage yard in the 5900 Block of Highway 105 was considered:
-12- .January 25, 1983
ORDINANCE NO. 83-7
ENTITLED AN ORDINANCE FOR THE ISSUANCE
OF A SPECIFIC USE PERMIT TO ESTABLISH A
UTILITY SERVICE BUILDING AND STORAGE
YARD ON PROPERTY LOCATED IN THE 5900
BLOCK OF STATE HIGHWAY 105 .
Specific Use Permit requested by Southwestern Bell Telephone Company.
The ordinance was approved on a motion made by Councilman Cox and se-
conded by Councilman Deshotel .
Question : Ayes : All Nayes : None
-000-
Ordinance No. 83-8 granting a, specific use permit for an aluminum instal-
lation company at 5095 Concord Road (requested by Raymond Jones) was
considered :
ORDINANCE NO. 83-8
ENTITLED AN ORDINANCE FOR THE ISSUANCE
OF A SPECIFIC USE PERMIT TO OPERATE AN
ALUMINUM INSTALLATION COMPANY ON
PROPERTY LOCATED IN A GC-MD (GENERAL
COMMERCIAL - MULTIPLE DWELLING)
DISTRICT AT 5095 CONCORD .
The ordinance was approved on a motion made by Councilman Cox and se-
conded by Councilman Deshotel .
Question : Ayes : All Nayes : None
-000-
An ordinance changing the zoning from RM-H to GC-MD for property in the
2600 Block of Coast Avenue and Plum Street (requested by James Broussard)
was deferred for action.
-000-
Ordinance No. 83-9 abandoning a section of unimproved Fig Street right-of-
way west of Wescalder Road (Michael Wilson requested) was considered:
ORDINANCE NO. 83--9
ENTITLED AN ORDINANCE VACATING AND ABAN-
DONING FIG STREET WEST OF WESCALDER ROAD.
The ordinance was approved on a motion made by Councilman Turner and se-
conded by Councilman Deshotel .
Question : Ayes : All Nayes : None
Ordinance No.No. 83-10 amending Section 30-24. B of the City Code to allow
retail sales of horticultural specialties under specific use permits in
RM-H districts and excluding SIC Category 108 from RS and RM-M was con-
sidered :
ORDINANCE NO. 83-10
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 ,
SECTION 30-24(B) OF THE CODE OF ORDINANCES OF
THE CITY OF BEAUMONT INCLUDING RETAIL SALES OF
HORTICULTURAL SPECIALTIES IN SIC CATEGORY 018 ,
AND EXCLUDING SUCH USE FROM THE RS (RESIDENTIAL
SINGLE FAMILY) AND RM-M (RESIDENTIAL MULTIPLE
D«TELLING-MEDIUM DENSITY) DISTRICTS ; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PRO-
VIDING A PENALTY.
-13- January 25, 1983
Resolution 83-34 authorizing a license agreement with Don & Doris Charles-
worth to use right-of-way at Gulf and Liveoak in order to allow an encroach-
ing 'wilding to remain in place was approved on a motion made by Council-
man Deshotel and seconded by Councilman Turner.
Question : Ayes : All Nayes : None
-000-
Resolution 83-35 letting a contract with Greer Construction Company in the
amount of $126, 156. 65 for construction of Beaumont Water Canal Improvements,
Contract #4, to the water supply canal system was approved on a motion made
by Councilman Cox and seconded by Councilman Turner.
Question : Ayes : All Nayes : None
-000--
Resolution 83-36 accepting the work performed under the construction con-
tract with Mar-Len , Inc. , for the Harriot Street Lift Station Project and
authorizing final payment in the amount of $61 ,615. 75 to the contractor
(EPA Grant #C-48-1254--04 , Contract 2 - total cost $578 ,963. 00) was approved
on a motion made by Councilman Deshotel and seconded by Councilman Turner.
Question : Ayes : All Nayes : None
-000-
Resolution 83-37 authorizing the purchase of 0. 4587 acres for easement for
the Lawrence Drive Force Main , Contract #9 of the EPA Grant #C-48-1254
from Channel Industries Gas Company and Houston Pipe Line Company for
$1 , 600. 00 was approved on a motion made by Ccuncilman Deshotel and secon-
ded by Councilman Cox.
Question : Ayes : All Nayes : None
-000-
Resolution 83-38 letting a contract with D & H Construction Company for
construction of the FY 83 Water System Improvements Project in the amount
of $68 , 761 . 14 was approved on a motion made by Councilman Deshotel and
seconded by Councilman Cox.
Question : Ayes: All Nayes : None
-000-
Resolution 83-39 authorizing purchase of traffic signal equipment from
Trans-Tronics , Inc. for 44 4-Dial Fixed Time Controllers with TBC at
$186 , 912 . 00 ; D & S Barricading for 4 Time Base Coordinators at $4 ,000. 00;
Safetran Traffic Signals for 180 12-inch Traffic Signal Heads at $23 ,040. 00;
Valmont Industries for 4 16-foot Mast Arms & Poles for $3 , 176. 00 , 16 20-foot
Mast Arms & Poles for $12 , 800. 00 , 38 28-foot Mast Arms and Poles for
$37, 696. 00 , 18 32-foot Mast Arms and Polies for $18 , 972 . 00 , 20 36-foot Mast
Arms for $22 ,260. 00 and 6 40-foot Mast Arms for $6, 840. 00; Doerr Associates
of Texas, Inc. , for 52 Pedestrian Heads for $5, 830. 76 and Veped Traffic Con-
trols, Inc. for 3 , 500 #14-12 Conductor Cable for $2 ,240. 00 , 3 , 500 #14-7
Conductor Cable for $1 , 260. 00, 5,200 #8 Single Conductor (half black, half
white) for $624. 00 , 40 - 3/8'°x8 ' Copper Ground Rod with Clamp for $332. 00 ,
and 3 8-foot Pedestrian Poles for $480. 00 and Augustine Sales for 56 Pull
Boxes for $166. 48 was approved on a motion made by Councilman Cox and se-
conded by Councilman Turner.
Question : Ayes : All Nayes : None
-000-
Councilman Cox asked that a traffic study be made of blind areas so that
proper marking can be displayed, especially on E. Lucas , east of the rail-
road tracks near Helbig and Plant Road near the LNVA Canal System Office.
Councilman Deshotel asked the status for installation of traffic signal
equipment for the instersection of 23rd Street and Washington Blvd. Mr.
Ternus , Director of Urban. Transportation , told Council the equipment is
being installed and should be completed in February.
-14- January 25 , 1983
COUNCILMAN TURNER: One thing, in thinking about the responses to notifi-
cation , is , first of all a question . Ken , is our Joint Public Hearing be-
*wn^n Cniincil and Pl ,inninr rnmmissinn q he;iring of rncorci?
KENNETH WALL, CITY ATTORNEY: Yes .
COUNCILMAN TURNER: Okay , if it is , to me , that would suffice if a person
receives that notification that there ',s an application for a zone change
-- I 'm asking, I 'm not saying -- that if he appears in person to pronounce
his opposition , that should be a part of the record and that should by re-
ported as an opposition to the zone change request because it ' s a lot sim-
pler to fill out the slip saying yes or no than it is to actually come down
here.
MR. WALL: Well , yes , Councilman , that opposition of course is considered
by the Council and the Planning Commission but the Zoning Enabling Act and
our ordinance which is adopted under it require written notice in order to
trigger the three-fourths vote requirement bu the Council . That ' s the only
distinction between the written and the oral opposition .
COUNCILMAN TURNER: Ikay, maybe what we could do if I could suggest that
we could provide a vehicle where I 'm sure the average layman that gets this
notification does not know that if he comes down here and doesn 't actually
turn in a slip that his opposition vote is going to be discounted and it ' s
sort of a slap in the face for those that might be, you know, at least con-
scientious enough to come down and voice their opinion on this. I wonder
if we could provide a vehicle whoreby someone , maybe the secretary or some-
body with the Planning Department who is here , could make certain that any-
one who spoke in opposition or in favor that lived within the 200-foot
boundary would sign that before they left because, like I say, it 's sort of
a slap in the fact that a person would come down and voice his opposition
or his favor in a zone change request and yet it not be counted because he
didn ' t sign the dotted line so to speak. If that sounds fair . . . ?
MAYOR PRO TEM LORD : It ' s a point very well taken and I think that perhaps
we could look into the mechanism for making this a possibility, could we not?
AIR. WALL: Yes, we ' ll look at that and report back to you.
-000-
Mr. Larry J. Burrus , P. 0. Box 21 , China, Texas , told Council that his .ap-
plication to operate a taxicab for the Yellow Cab Company was denied by the
Beaumont Police Department because of a felony conviction . Mr. Burrus told
them he had served two and a half years in the Texas Department of Correc-
tions and has been out of prison for five yearsand has a wife and three
children to support . Because this is covered by local ordinance , Council
asked the City Attorney to look into the matter and report back to see
whether a revision of the ordinance is in order.
Mrs. Judy Lentsch , 5110 Oriole, addressed Council to complain about the
dilapidated structure at 5130 Oriole and to ask the status of the case.
City Manager Earnest responded that the owner is to report back to Muni,
cipal Court on March 3rd and "Failing any resolution of the problem, I
understand the matter will be in the hands of the Court and it will have
to be resolved at that time. "
Mr. J. C. Leggett , 1849 Washington Blvd. , complained about a contractor ' s
business located at Lindbergh and College and the trash and debris stored
on the property.
-000-
There being no further business , the meeting was recessed before continu-
ing with the Council Workshop Session .
-000-
I , Myrtle Corgey , City Clerk of the City of Beaumont , certify that the
above is a true copy of the minutes of the regular City Council session
held January 25 , 1983 .
Myrtle Corgey, City Clerk