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MIN APR 28 1992 t REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD APRIL 28, 1992 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 28th day of April, 1992, with the following present: HONORABLE: Evelyn M. Lord Mayor Lulu L. Smith Mayor Pro Tem Councilman, Ward I Brian R. Alter Councilman At Large Guy N. Goodson Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Absent: Andrew P. Cokinos Councilman At Large Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by the Reverend Henry Cormier. The Pledge of Allegiance was led by Councilman Moore. -000- The following Proclamations were issued: "Western Week, " April 26-May 2, 1992 ; and "YMBL Rodeo Days, " April 28-May 2, 1992 ; "Workers Memorial Day, " April 28, 1992 ; "Days of Remembrance of the Victims of Holocaust, " April 26-May 13, 1992 ; a Proclamation recognizing "Therese J. Clark" for receiving special honor and a $10, 000. 00 grant from TMA/NSTA's (Toyota Motor Association/National Science Teachers Association' s) Tapestry Program and for bringing special recognition to Kelly High School, its faculty and our community; "Retired Senior Volunteer Program Day, " May 1, 1992 ; and "National Youth Service Day, " April 28, 1992 . -000- Mayor Lord recognized Dani Krasner, a member of the Mayor's Youth Commission and a student at West Brook High School, who has become a finalist in the National-International category of the Science and Engineering Fair. Mayor Lord said that we are very proud of Dani and at a later date, she will receive a proclamation declaring her an ambassador of good will to that fair from the City of Beaumont. -103- April 28, 1992 1 Mayor Lord introduced Murielle Quintin, a teacher from a Catholic School outside Paris, France, and fourteen students from the school who are in Beaumont as part of a student exchange program. Ms. Quintin said the students are very eager to discover the American way of life and to "talk American. " Mayor Lord extended a welcome and presented honorary citizenship cards from Beaumont to Ms. Quintin and the students. -000- Mayor Lord announced that an Executive Session will be conducted following the Workshop Session in accordance with Section 2 (e) of the Texas Open Meetings Act to Discuss contemplated or pending litigation: MAS (Municipal Administration Services) . -000- Citizen comment was invited on the Consent and Main Agenda Items 4, 5 and 6. No one wished to address these items. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held April 14, 1992 ; Resolution No. 92-116 authorizing a License to Encroach to Joseph Lynn and Gwendolyn Elaine Brady, owners of Lot 13, Block 1 of Folmar Place Addition (13 Dowlen Place) , on 5. 5 feet into the sixteen foot utility easement on the north side of their property for a distance of 24 feet for a swimming pool, and 9.5 feet for a distance of 37 feet into the same utility easement for a wood deck for a one time fee of $500. 00; Resolution No. 92-117 authorizing purchase and installation of twenty- three (23) doors and hardware (at the Fair Park Coliseum) from Jleeco Builders in the amount of $13 ,900. 00 for the Convention Facilities Division; and Resolution No. 92-118 authorizing purchase of a washer-extractor from Southern Laboratory Supply, Inc. in the amount of $13,773 . 00 for use by the Fire Department in decontamination of firefighter gear. The Consent Agenda was approved on a motion made by Councilman Alter and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Ordinance No. 92-36 authorizing a Specific Use Permit requested by Neff Brothers Automotive Service to operate a vehicle towing and storage -104- April 28, 1992 company at 3429 Concord Road, described as a 1. 154 acre tract out of Lots 1 and 2, Block 1, Comstock Addition, zoned GC-MD (General Commercial Multiple-Family Dwelling) , with conditions that an eight-foot privacy fence be constructed along the southern property line from the storage building to the real property line, and the fence in front of the property remain as currently placed, was considered: ORDINANCE NO. 92-36 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A VEHICLE TOWING AND STORAGE COMPANY AT 3429 CONCORD ROAD, ON A 1. 154 ACRE TRACT OUT OF LOTS 1 AND 2, BLOCK 1, COMSTOCK ADDITION, ZONED GC-MD (GENERAL COMMERCIAL MULTIPLE-FAMILY DWELLING) , BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 92-36 was approved on a motion made by Councilman Goodson and seconded by Mayor Pro Tem Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 92-37 designating property at 1109 North Street described as Lot 1, Block 2, Calder Addition, as an H-C (Historical-Cultural Landmark Preservation Overlay District) at the request of Dr. Jack McNeill, was considered: ORDINANCE NO. 92-37 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 LANDMARK PRESERVATION OVERLAY DISTRICT) FOR PROPERTY LOCATED AT 1109 NORTH STREET AND DESCRIBED AS LOT 1, BLOCK 2 , CALDER ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 92-37 was approved on a motion made by Mayor Pro Tem Smith and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- Resolution No. 92-119 authorizing the City Manager to approve a loan request for up to $18,782.50 to Dr. Jack G. McNeill, M.D. from the -105- April 28, 1992 Historic Preservation Loan Fund for restoration of the building at 1109 North Street was approved on a motion made by Mayor Pro Tem Smith and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Resolution No. 92-120 authorizing the City Manager to execute agreements with the Texas Department of Transportation and Jefferson County Drainage District No. 6 to participate in the Federal Highway Administration's Off-State System Bridge Construction program for reconstruction of the Florida Street Bridge located between Avenue A and Cardinal Drive with the estimated Local Government's share at $40, 000. 00 (20% of expected total cost of $200, 000) divided equally between the City and Drainage District No. 6 was approved on a motion made Councilman Moore and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 92-121 authorizing purchase of a 1500 gallon per minute fire pumper truck (specifications for a stainless steel or aluminum body with a six-man and four-door fully enclosed cab) from Kovatch Mobile Equipment (KME) of Nesquehoning, PA in the amount of $251,802. 00 ($216,890 for the base model and $33,825 for additional equipment) for the City's Fire Department was approved on a motion made by Councilman Alter and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Resolution No. 92-122 authorizing purchase of approximately eighteen (18) air masks at $1,793 .50 each and twenty-five (25) air cylinders at $480. 60 each, a total cost of $43, 336.80, for the Fire Department from Mine Safety Appliances Company of Houston was approved on a motion made by Mayor Pro Tem Smith and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- An Ordinance authorizing a zoning change from RS (Residential Single Family Dwelling) to HI (Heavy Industrial) for a 34 acre tract in the Thomas Spear League, Abstract No. 50, with recommendations for denial from the Planning Commission and City Staff because this change would be in conflict with the Comprehensive Plan of Beaumont and be a potential negative impact to the nearby community and existing roadways, was considered: -106- April 28, 1992 8 ORDINANCE NO. 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 DWELLING) TO HI (HEAVY INDUSTRIAL) ON A 34 ACRE TRACT IN THE THOMAS SPEAR LEAGUE, ABSTRACT NO. 50, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The Ordinance was denied on a motion made by Councilman Samuel and seconded by Mayor Pro Tem Smith. Question: Ayes: Councilman Nayes: None Alter Mayor Pro Tem Smith Councilman Goodson Councilman Samuel Councilman Moore Abstentions: Mayor Lord -000- Ordinance No. 92-38 authorizing a zone change from GC-MD (General Commercial-Multiple Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density) on a 10 acre tract out of the S. Stivers Survey, requested by Mark Whitely and Associates for Beaumont Willow Creek, Inc. to continue deed restricted single family development of 13 residential lots and additional golf course area, was considered: ORDINANCE NO. 92-38 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 FAMILY DWELLING) TO RM-H (RESIDENTIAL MULTIPLE-FAMILY HIGHEST DENSITY) ON A 10 ACRE TRACT OF LAND LOCATED WITHIN THE WILLOW CREEK COUNTRY CLUB ESTATES IN THE S. STIVERS SURVEY, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. -107- April 28, 1992 i Ordinance No. 92-38 was approved on a motion made by Councilman Goodson and seconded by Mayor Pro Tem Smith. Question: Ayes: All Nayes: None -000- Mayor Pro Tem Smith said she thought the parade last Friday night was wonderfully attended by lots of children and was very, very nice. Councilman Goodson joined with Mayor Pro Tem Smith's comment and added that he enjoyed all the activities this weekend sponsored by the Neches River Festival and said nothing could have been accomplished without the cooperation of the Manager's office, his Staff, particularly the Convention and Visitor's Bureau, Claudie Hawkins and Mark Arrington of Community Facilities Division and extended special thanks to all of them. Councilman Alter added thanks to the Beaumont Fire Department for providing the services of Jim Thompson and other personnel to line up the parade and provide storage for the floats. He said the activities have been terrific. Also, Councilman Alter congratulated Tom Harken for being chosen as the Neches River Festival 's "Man of the Year" and wished him well as he goes to Washington D.C. to receive the Horatio Alger Award. Councilman Moore commented that with present sensitive issues of concern in the community, he was pleased with the attendance and diversity of crowd at the parade last Friday. He remarked about a play with a strong message depicting present-day issues written by a young man, Steven Collins, at Lamar University. Also, he commented about the great "Sunday in the Park, " and a golf tournament and said, "it's a great time to be from Southeast Texas. " He asked Council to check their calendars to see if May 19th would be a good date to reschedule a neighborhood community meeting for the Pear Orchard area of Ward IV. Mayor Lord questioned the possibility of getting the Port of Beaumont to suspend freight operations from 2 : 00 - 3 : 00 p.m. when there are "Sunday in the Park" activities because of the noise conflict with story-telling and entertainment and asked if there is any progress for installation of cameras at directional lights to photograph violators running or ignoring red lights. Mr. Riley said a report will be presented to Council shortly. Mayor Lord said a lot of good things have been happening in the community, and one of the nicest is the young people who received the Rotary Club "Service Above Self" Awards. She said the Rotary Club will be honoring them tomorrow, and they are symbolic of the fine young people in this community. -000- The Reverend Henry Cormier, 3390 West Euclid, addressed Council with his -108- April 28, 1992 i concerns about violence and other occurrences in our nation that he feels will receive judgement from God and encouraged turning to God. Mrs. Esterline Graham, 7975 Helbig Road, addressed Council to express appreciation for denial of Agenda Item No. 7 and to report residential living in a commercial building at 8085 Helbig Road and to voice concerns about the activity and traffic at the building site. -000- There being no other business, the Regular Session of City Council was recessed to reconvene in Work Session. -000- I, Rosemarie Chiappetta, 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 April 28, 1992 . Rosemarie Chiappetta City Clerk -109- April 28, 1992