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MIN FEB 26 1985 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD FEBRUARY 26, 1985 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 26th day of February, 1985, with the following present: HONORABLE: William E. Neild Mayor Joseph D. Deshotel 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 Absent: G. Wayne Turner Councilman At Large Karl Nollenberger City Manager Lane Nichols City Attorney -000- The Invocation was given by the Very Reverend Ben Shawhan, associate pastor of St. Stephen's Episcopal Church. The Pledge of Allegiance was led by Mayor Neild. -000- One proclamation was issued: "First Annual Ms. Lindbergh Health Care Center Beauty Pageant" - February 28, 1985. -000- Mayor Neild welcomed about 40 4th grade students from Regina Howell Elementary School to today's session. -000- The following Consent Agenda items were considered: Resolution 85-65 appointing Alice Dyes to the Senior Citizens Advisory Commission, term expiring August 30, 1986; reappointing Terry Charlton to the Library Commission, term expiring September 31, 1986; reappointing Lonnie Hood to the Airport Advisory Commission, term expiring May 31, 1986; and appointing Paul Hay (Chair) and Cindy Mooney (Vice-Chair) to the Historical Landmark Commission, terms expiring October 31, 1986; and Resolution 85-66 authorizing payment of $1,000.00 to the Missouri Pacific Railroad Company for a railroad crossing permit for Railroad Interceptor Project, Contract 13, being constructed to cross under Missouri Pacific track at Cedar and Avenue C. -34- February 26, 1985 The Consent Agenda was approved on a motion made by Councilman Deshotel and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- Ordinance No. 85-21 amending Section 30-30.D of the City Code relating to limitations on non-conforming buildings was considered: ORDINANCE NO. 85-21 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF T11E CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO INCLUDE EXEMPTIONS TO LIMITATIONS ON NON-CONFORMING BUILDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Brumley and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- Ordinance No. 85-22 amending Sections 30-28.B, 30-28.0 and 30-28.D of the City Code, relating to sign regulations was considered: ORDINANCE NO. 85-22 ENTITLED AN ORDINANCE AMENDING CHAPTER 30, SECTIONS 30-28(B), 30-28(C), AND 30-28(D), SIGN REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT; 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 Samuel. Question: Ayes: All Nayes: None -000- Ordinance No. 85-23 changing the zoning from RS (Residential Single Family Dwelling) to CM (Commercial Manufacturing) for an acre generally referred to as Spindletop Park was considered: ORDINANCE NO. 85-23 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 -35- February 26, 1985 (Ordinance No. 85-23 continued) BEAUMONT, TEXAS, BY CHANGING THE ZONING FROM RS (RESIDENTIAL SINGLE FAMILY DISTRICT) TO CM (COMMERCIAL MANUFACTURING DISTRICT) FOR AN AREA GENERALLY REFERRED TO AS SPINDLETOP PARK; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Moore and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- An ordinance granting a Specific Use Permit to operate a masonry contractor's storage yard in a GC-MD (General Commercial-Multiple Family Dwelling District) at 755 Ewing (requested by Daniel Paterno to correct a zoning violation after a request for a building permit was denied) was considered: AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A MASONRY CONTRACTORS STORAGE YARD ON PROPERTY LOCATED AT 755 EWING. Because Conditions 1, 2, 4, 5, and 8 required for issuance of a Specific Use Permit have not been satisfied by the application, staff recommended denial of the request; Planning Commission recommended denial of this request with a vote of 5-0. The ordinance was denied on a motion made by Councilman Deshotel and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Ordinance No. 85-24 abandoning a 20-foot alley in Blk 28, Cartwright Terrace Addition (requested by Guy R. Justice to add a parking area to applicant's business location on the west side of right-of-way) and retaining the entire width of the right-of-way as a general utility easement was considered: ORDINANCE NO. 85-24 ENTITLED AN ORDINANCE VACATING AND ABANDONING A 20-FOOT ALLEY LOCATED BLOCK 28, CARTWRIGHT TERRACE ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS, AND PROVIDING FOR RETENTION AS A UTILITY EASEMENT. The ordinance was approved on a motion made by Councilman Moore and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -36- February 26, 1985 Resolution 85-67 approving the official statement and notices of sale for the $12 million in certificates of obligation for ($10 million) Water System and ($2 million) Sanitary Landfill improvements and the $20 million in general obligation bonds for Street and Drainage Improvements was approved on a motion made by Councilman Brumley and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- Ordinance No. 85-25 authorizing the sale and consumption of alcoholic beverages at Fair Park was considered: ORDINANCE NO. 85-25 ENTITLED AN ORDINANCE AMENDING CHAPTER 20, SECTION 20-10(h) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ALLOW THE SALE, CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES IN FAIR PARK; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Samuel and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Mr. Garland Cutler, 11265 Hodge Road, addressed Council to complain about poor drainage in his area and asked for either larger storm sewer piping or extension of the ditches to a main drainage ditch. Mr. Herb Oswald, 1234 Avenue B, addressed Council to complain about limitations to certain target areas (census tracts) for the Community Development Block Grant Rehabilitation Loan Program. Mr. John Read, 11250 Hodge Road, addressed Council to complain about poor drainage on his street and raw sewage backing up in his home because of the lack of proper drainage. Mrs. Pat Dwornik, 2480 Laurel, addressed Council in opposition to the City's purchase of the Szafir's building. Mrs. Harvilynne McNeel, 9325 Clover Circle, addressed Council to complain about the profanities and vulgarities used by the warm-up group Wasp at the recent rock concert featuring Iron Maiden held at the Civic Center and requested reviews of the groups before allowing them to perform for children of the community. -000- -37 February 26, 1985 There being no further business, the meeting was adjourned. -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 February 26, 1985. Rosemarie Chiappetta Deputy City Clerk -38- February 26, 1985