The URL can be used to link to this page

Home My WebLink AboutMIN SEP 27 1983 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD SEPTEMBER 27, 1983 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas, met in regular session this the 27th day of September, 1983, with the following present : HONORABLE : William E. Neild Mayor Bill Cox Councilman, Ward I Evelyn M. Lord Councilman, Ward II Joseph D. Deshotel Councilman, Ward III Wayne Turner Councilman, Ward IV Karl Nollenberger City Manager Hugh Earnest Asst . City Manager Lane Nichols Asst . City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Very Reverend John N. McAllister , St . Mark' s Episcopal Church. The Pledge of Allegiance was led by Mayor Neild. -000- Two proclamations were issued : "Minority Enterprise Development Week in Beaumont" - October 2-8 , 1983 and "A Taste of Beaumont '83 Day in Beau- mont" - October 4 , 1983 . -000- The following items of the Consent Agenda were considered : Approval of the Minutes of the regular City Council session held Septem- ber 20, 1983 ; Resolution 83-332 pledging support and assistance for the Beaumont Heritage Society' s "Main Street , Beaumont" seminar to be held November 17 in the Civic Center by the City providing the Civic Center facility for the day and printing and mailing costs in the amount of $596. 00; and Resolution 83-333 rejecting bids on fifteen (15) refuse collection vehicles (six rear loaders and nine front loaders) because all bids were determined to be less than the value of the equipment . The Consent Agenda was approved on a motion made by Councilman Cox and se- conded by Councilman Lord. Question : Ayes : All Nayes: None -000- A Public Hearing to consider designation of the entire City of Beaumont as an Economically Depressed Area was held: Those speaking against the designation were Mr. Ben Rogers, 2030 Thomas Road and Mr. Charles Ireland, Efficient Systems, Inc . , 4675 Washington Boulevard. Those speaking in favor of the designation were Mr . C. W. Conn, Jr. , out- going Chairman of the Board of the Beaumont Chamber of Commerce and Mr. Kevin Brady, President of the Beaumont Chamber of Commerce. There being no one else wishing to address the Council , the public hearing was closed. -000- -147- September 27 , 1983 A public hearing for the proposed FY 84 Budgets was called. No citizens addressed City Council concerning the budgets and the public hearing was closed. -000- An ordinance granting a specific use permit to establish a community rehabilitation clubhouse for mentally impaired adults on property at 195 Seventh and Laurel Streets (requested by Mental Health Mental Retar- dation of Southeast Texas) was considered : AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A COMMUNITY REHABILITATION CLUBHOUSE ON PROPERTY LOCATED AT 195 SEV- ENTH AND LAUREL. Councilman Turner made a motion to approve the ordinance; motion died for lack of a second. Councilman Lord made a motion for denial ; motion was seconded by Council- man Deshotel . Question : Ayes : Mayor Neild Nayes : Councilman Councilman Cox Turner Councilman Lord Councilman Deshotel -000- Ordinance No. 83-108 changing the zoning from GC-MD (General Commercial - Multiple Dwelling) to RM-H (Residential Multiple Dwelling - High Density) on property at 2265 East Lucas (requested by Maurice McDaniel to construct s single-family dwelling) was considered: ORDINANCE NO. 83-108 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, BEXAS, BY CHANGING THE ZONING FROM GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY) DISTRICT ON PROPERTY LOCATED AT 2265 E. LUCAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING FOR A PENALTY. The ordinance was approved on a motion made by Councilman Cox and secon- ded by Councilman Turner. Question : Ayes : All Nayes : None -000- Ordinance No. 83-109 changing the zoning from RS (Residential Single Family) and R-3 (Modified Two Family and Multiple Dwelling) to RM-H (.Residential Multiple Dwelling - High Density) and Ordinance No . 83-110 granting a specific use permit to operate a beauty shop on property at 4312 and 4316 Treadway (requested by Frances Shackelford) were considered: ORDINANCE NO. 83-109 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 AND R-3 (MODIFIED TWO FAMILY AND MULTIPLE DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY) DISTRICT ON PRO- PERTY LOCATED AT 4312 AND 4316 TREADWAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVID- ING A PENALTY. -148- September 27 , 1983 Ordinance No . 83-109 was approved on a motion made by Councilman Lord and seconded by Councilman Turner . Question : Ayes : Councilman Cox Nayes : Mayor Neild Councilman Lord Councilman Deshotel Councilman Turner ORDINANCE NO. 83-110 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A BEAUTY SHOP ON PROPERTY LOCATED AT 4312 AND 4316 TREADWAY. Ordinance No . 83-110 was approved on a motion made by Councilman Lord and seconded by Councilman Deshotel . Question: Ayes: Councilman Cox Nayes: Mayor Neild Councilman Lord Councilman Deshotel Councilman Turner -000- Ordinance No . 83-111 changing the zoning from OP (Office Park) to RS (Residential Single Family) and Ordinance No. 83-112 granting a specific use permit to establish a church and school on property located at 3395 Cleveland were considered: ORDINANCE NO. 83-111 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 OP (OFFICE PARK) DIS- TRICT TO RS (RESIDENTIAL SINGLE FAMILY) DISTRICT ON PROPERTY LOCATED AT 3395 CLEVELAND AVENUE; PRO- VIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. and ORDINANCE NO. 83-112 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A CHURCH AND SCHOOL ON PROPERTY LOCATED AT 3395 CLEVELAND AVENUE. These are requested by Howard Cameron, pastor of the Believers' Outreach Christian Center (new owners of the property) , to establish a church and Christian school at this location - the former North End United Methodist Church property. Ordinance No. 83-111 was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question: Ayes : All Nayes : None Ordinance No. 83-112 was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question: Ayes : All Nayes: None -000- Ordinance No . 83-113 granting an HC (Historical Cultural ) district over- lay zoning on property at 1850 Sabine Pass (requested by Samuel Jones to qualify for an historical preservation loan for rehabilitation of his home- stead - a documented example of Texas Victorian architecture built in the first decades of the 20th Century) was considered : -149- September 27, 1983 ORDINANCE NO. 83-113 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 ESTABLISHING AN H-C (HISTORICAL-CULTURAL) OVERLAY ZONE FOR PROPERTY LOCATED AT 1850 SABINE PASS , BEAU- MONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERA- BILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Lord and secon- ded by Councilman Deshotel . Question: Ayes: All Nayes : None -000- Ordinance No . 83-114 granting an HC (Historical - Cultural) district over- lay zoning on property at 1561 Park Street and 440, 450-452 Royal Street (requested by Robert Eason in order to apply for an historical preservation loan for these structures which are good examples of 19th Century Victorian architecture and all three are listed in the SPARE Beaumont Survey) was considered: ORDINANCE NO. 83-114 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 ESTABLISHING AN H-C (HISTORICAL-CULTURAL) OVERLAY ZONE FOR PROPERTY LOCATED AT 1561 PARK STREET AND 440, 450 AND 452 ROYAL STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; 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 granting a specific use permit for a disco night club and the sale of alcoholic beverages on property at 3675 S. Eleventh (requested by Shirley Rideaux) was considered : AN ORDINANCE ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT FOR A DISCO NIGHT CLUB AND TO SELL ALCOHOLIC BEVERAGES ON PROPERTY LOCATED AT 3675 SOUTH ELEVENTH. Mr. Torres, Asst . Planning Director , told Council that staff recommended denial of the request on the basis it did not satisfy five (5) of the eight (8) conditions necessary for the specific use permit approval . Of the eighteen (18) notices mailed to property owners within 200-feet of the request , eight (8) were received in opposition of the permit , which con- stitutes 21% in opposition to the request and invokes the favorable vote of three-fourths (4 of 5) of all the members of City Council for approval . Councilman Cox made a motion to deny the request ; motion was seconded by Councilman Lord. Question : Ayes : All Nayes : None -000- -150- September 27, 1983 Ordinance No. 83-115 amending Section 30-25.C. 1 . , Area and Height Excep- tions, of the City Code of Ordinances was considered: ORDINANCE NO. 83-115 ENTITLED AN ORDINANCE AMENDING CHAPTER 30, SECTION 30-25(C)(1 ) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, PROVIDING AREA AND HEIGHT EXCEPTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR RE- PEAL; AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Cox and seconded by Councilman Lord. Question : Ayes : All Nayes : None -000- Resolution 83-334 authorizing execution of depository contracts for invest- ment purposes for a two-year term beginning October 1 , 1983 with Parkdale State Bank; Interfirst Bank, Beaumont ; Texas Bank of Beaumont ; First Fed- eral Savings & Loan Association ; Jefferson Savings and Loan; Spindletop Savings; Texas Commerce Bank, Beaumont ; Allied Bank; First Texas Savings; Home Savings of America; and San Jacinto Savings was approved on a motion made by Councilman Lord and seconded by Councilman Turner. Question : Ayes : All Nayes : None -000- Resolution 83-335 authorizing Change Order No. 5 in the amount of $15,809.47 to the contract with C.F.W. Construction Company for Contract No. 1 - Sew- age Treatment Plant , EPA grant #C 48-1254-04 of the Sanitary Sewer System Improvement Program (all items included in this Change Order are already in place and are necessary to maintain system control and safety - new con- tract amount - $5,816, 300. 00) was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question : Ayes : All Nayes : None -000- Ordinance No. 83-116 authorizing funds, accepting three right of way deeds furnished by Lamar University from Transit Mix Company, Inc . , South Park Independent School District and Lamar University and approving three license agreements from Golden Triangle Gas Distribution Company, Winnie Pipeline Company and Gulf States Utilities Company for the extension of Callaghan Street from Florida Street to Cardinal Drive (participation pro- ject with Lamar University furnishing right-of-way; Jefferson County, Pre- cint #4 providing equipment and labor and City of Beaumont furnishing materials at a new estimated cost of $40, 000. 00) was considered: ORDINANCE NO. 83-116 ENTITLED AN ORDINANCE APPROPRIATING ADDITIONAL FUNDS FOR THE EXTENSION OF CALLAGHAN STREET; ACCEPTING THREE (3) RIGHT-OF-WAY DEEDS AND THREE (3) LICENSE AGREEMENTS; PROVIDING FOR SEVERABILITY. The ordinance was approved on a motion made by Councilman Turner and se- conded by Councilman Deshotel . Question : Ayes : All Nayes : None -000- Ordinance No. 83-117 amending the FY 83 budget was considered : ORDINANCE NO. 83-117 ENTITLED AN ORDINANCE AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1 , 1982 ; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY. -151- September 27, 1983 i Ordinance No. 83-117 was approved on a motion made by Councilman Cox and seconded by Councilman Deshotel . Question : Ayes : All Nayes : None -000- Ordinance No. 83-118 adopting the tax roll for the City of Beaumont and establishing the tax rate (taxable assessed value of property within the City of Beaumont - $2, 526, 148, 920. 00/tax levy of 760 per each $100. 00 - 510 to the General Fund & 250 for paying accruing interest and to pro- vide a sinking fund for the payment of the entire bonded endeptedness) was considered : ORDINANCE NO. 83-118 ENTITLED AN ORDINANCE APPROVING THE TAX ROLL FOR THE CITY OF BEAUMONT FOR THE YEAR 1983; ESTABLISH- ING A TAX RATE; PROVIDING FOR THE LEVYING, ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 1983 TO PROVIDE A GENERAL FUND AND A SINKING FUND TO MEET THE PAYMENT OF ALL BONDED INDEBTEDNESS OF THE CITY OF BEAUMONT AND THE PAYMENT OF INTEREST THEREON; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. 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. 83-119 adopting the FY 1983-1984 budgets and appropriating monies was considered: ORDINANCE NO. 83-119 ENTITLED AN ORDINANCE REFERRED AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE ENSUING FISCAL PERIOD BEGINNING OCTOBER 1 , 1983, AND ENDING SEPTEMBER 30, 1984, IN ACCOR- DANCE WITH THE CHARTER OF THE CITY OF BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; PROVIDING FOR LINE-ITEM TRANSFERS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- FLICT HEREWITH AND PROVIDING FOR SEVERABILITY. The ordinance was approved on a motion made by Councilman Lord and secon- ded by Councilman Turner. Question : Ayes: All Nayes : None -000- Ordinance No. 83-120 establishing fees for the Health Department was con- sidered : ORDINANCE NO. 83-120 ENTITLED AN ORDINANCE AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS, PROVIDING FOR SPECIAL EVENT FOOD SERVICE ESTABLISH- MENTS; AMEND DEFINITIONS; PROVIDING REGULATIONS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR FEES; 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 Turner. Question: Ayes: All Nayes: None -000- Ordinance No. 83-121 establishing fees for the Civil Center Complex (adding the North Exhibit Building/South Exhibit Building and Riverfront Park and deleting the YMBL Building) was considered: -152- September 27 , 1983 ORDINANCE NO. 83-121 ENTITLED AN ORDINANCE AMENDING CHAPTER 20,, ARTI- CLE II OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO PROVIDE REGULATIONS AND RATES CONCERNING THE CIVIC CENTER COMPLEX; 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 Deshotel . Question : Ayes : All Nayes : None Councilman Lord requested sponsors renting Riverfront Park be charged for the cost of publication of ample notice to citizens that the park will be closed to the public and that the City actually publish the notice. City Council and City Manager concurred with the request . -000- Ordinance No. 83-122 establishing garbage and trash fees (Senior Citizen Income Discount Rate of $8 . 00 per month for customers over 65 years of age living in single-family residences with a total annual income not to exceed $11 , 500. 00 also allowed in this ordinance) was considered: ORDINANCE NO. 83-122 ENTITLED AN ORIDNANCE ESTABLISHING RATES FOR GARBAGE AND TRASH COLLECTION; PROVIDING EFFEC- TIVE DATE; PROVIDING FOR SEVERABILITY; PROVID- ING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Turner and se- conded by Councilman Lord. Question : Ayes : All Nayes: None -000- Ordinance No. 83-123 establishing water and sewer fees was considered: ORDINANCE NO. 83-123 ENTITLED AN ORDINANCE AMENDING WATER AND SEWER RATES; AMENDING SERVICE FEES; PROVIDING AN EFFEC- TIVE DATE; 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 Lord. Question : Ayes : All Nayes: None -000- Ordinance No. 83-124 establishing fees for reservation of metered parking spaces was considered: ORDINANCE NO. 83-124 ENTITLED AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO PRO- VIDE FEES FOR SPECIALLY DESIGNATED PARKING METER SPACES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Turner and seconded by Councilman Deshotel . Question : Ayes : All Nayes : None -000- Ordinance No. 83-125 establishing fees for street use permits was consid- ered: -153- September 27 , 1983 ORDINANCE NO. 83-125 ENTITLED AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO PROVIDE A FEE FOR BARRICADING AND STREET CUT PERMITS; PROVIDING FOR SEVERABILITY; PROVID- ING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Lord and seconded by Councilman Cox. Question : Ayes : All Nayes: None -000- Ordinance No. 83-126 amending Section 23-44 of the City Code establish- ing fees for driveway permits was considered : ORDINANCE NO. 83-126 ENTITLED AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO PROVIDE FEES FOR THE ISSUANCE OF DRIVEWAY PERMITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Lord and se- conded by Councilman Turner. Question: Ayes : All Nayes: None -000- Resolution 83-336 authorizing the City Manager to execute a contract with Ronald Pfleider for personal and professional services at the Henry Homberg Golf Course at Tyrrell Park (operations and maintenance) for an additional one-year term to expire September 30, 1984 was approved on a motion made by Councilman Cox and seconded by Councilman Turner. Question : Ayes: All Nayes: None -000- Resolution 83-337 authorizing purchase of 22 mobile radios for sanitation refuse trucks from General Electric Company in the amount of $16,412. 00 was approved on a motion made by Councilman Turner and seconded by Coun- cilman Deshotel . Question : Ayes : All Nayes : None -000- Resolution 83-338 authorizing the City Manager to execute a 3-year renewal contract wit1f the Texas Municipal League for Workers Compensation benefits for the period October 1 , 1983 to October 1 , 1986 (Johnson & Higgins will be responsible for technical coordination of claims management , risk con- trol and training, management information, and catastrophic reinsurance services) was approved on a motion made by Councilman Deshotel and secon- ded by Councilman Turner. Question : Ayes : Mayor Neild Abstained: Councilman Councilman Cox Lord Councilman Deshotel Councilman Turner -000- Mayor Neild reminded those present that a reception to welcome Christa and Karl Nollenberger to our City would be held this afternoon from 4 : 30 to 6. 00 p.m. in the Civic Center and that all would be welcome to come. r000- Mr. Charles W. Fant , 5240 Margaret , local manager of Texas Employers In- surance Association, addressed Council to voice his opposition to the TML decision to change from Texas Employers Insurance to Johnson & Higgins for Workman ' s Compensation benefit services and urged the City of Beaumont to reconsider it decision. -154- September 27, 1983 Mr. J. C. Leggett , 1849 Washington Boulevard, addressed Council to com- plain about high grass and weeds in the South end of town and the need for trash pickup. Mr. Bill Arrington, 9610 Mapes, addressed Council in opposition to the Council ' s decision to accept the recommendation of the Texas Municipal League for Workers Compensation benefit services . Dr. S. Walker James, 257 7th Street , addressed Council to express his appreciation for the denial of the MHMR request for a specific use per- mit to establish a community rehabilitation clubhouse for mentally im- paired adults on property at 195 7th and Laurel Streets. Mrs. Susan Olson, 3895 Eloise, with MHMR, addressed Council to express her concern that the specific use permit had not been granted for the community rehabilitation clubhouse establishment . -000- City Council Workshop Session scheduled for today was deferred because of time constraints and the reception for the City Manager and his wife scheduled for 4 : 30 p.m. today. -000- There being no further business, the Mayor called an Executive Session pursuant to Section II of the Texas Open Meetings Law. -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 September 27, 1983. Myrtle Corgey City Clerk -155- September 27, 1983