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HomeMy WebLinkAboutMIN JUN 09 1981 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JUNE 9, 1981 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas, met in regular session this the 9th day of June, 1981 , with the following pre- sent : HONORABLE : Maurice Meyers Mayor Tom Combs , Jr. Councilman, Ward I Evelyn M. Lord Councilman, Ward II Calvin Williams Councilman, Ward III Wayne Turner Councilman, Ward IV Ray Riley City Manager R. E. Platt Asst . City Manager George Phair Asst . City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Reverend George W. Daniels , Sunlight Baptist Church. The Pledge of Allegiance was led by Councilman Combs. -000- The following Consent Agenda items were considered : The Minutes from the regular City Council session held May 26, 1981 ; Resolution 81-228 appointing Edward Seniguar, Tom Peterson , Judge Larry Gist and Barbara Weir to the Clean Community Commission for two year terms expiring September, 1982 and reappointing Phyllis Bjerke and Joe Wilson to the Community Development Block Grant Advisory Committee for two year terms; Resolution 81-229 approving the purchase of a replacement compressor for the Police Building air conditioning system from Carrier of Houston at a cost of $3 , 167. 00; Resolution 81-230 accepting street and utility improvements in Evangeline Meadows, Unit II• (:portions of Northmeadow Drive , Wildemeadow Drive , Meadow- ridge and Meadowberd) ; and Resolution 8.1-231 authorizing a contract for repairs to the Central Fire Station roof with H. H. Sanders and Sons , Inc. at a cost of $1 , 995 . 60. The Consent Agenda was approved on a motion made by Councilman Lord and seconded by Councilman Combs. Question : Ayes: All Nayes : None -000- Ordinance No. 81-42 changing the zoning from RS to OP for an 0. 086 acre tri- angle of land south of Lots 5 and 6 , Block 1 , Lake Forest Addition , on the east side of 11th Street south of Robinhood Lane was considered: ORDINANCE NO. 81-42 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PAR- TICULAR THE BOUNDARIES OF THE ZONING DISTRICTS AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS , BY CHANGING A 0. 086 ACRE TRACT OUT OF THE A. WIL- LIAMS LEAGUE, BEAUMONT, JEFFERSON COUNTY, TEXAS, AS HEREINAFTER DESCRIBED, PRESENTLY ZONED RS (RES- IDENTIAL SINGLE FAMILY DISTRICT) TO OP (OFFICE PARK_ DISTRICT) ; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. -80- June 9, 1981 The ordinance was approved on a motion made by Councilman Turner and secon- ded by Councilman Williams. Question : Ayes : All Nayes : None -000- An ordinance granting a specific use permit for a South Park Independent School District accessory educational building on a 16. 52-acre tract on the east side of Major Drive at the Manion Drive intersection was considered: CITY MANAGER RILEY: Item 2 is a request by the South Park Independent School District to pro- vide for the location of a mobile home as a residence for a night watchman on Major Drive at the former Oaks Campus in an RS zone. Subsequent to the meeting today , the attorney has reviewed the application and, because of the manner in which the building is to be used, it is their determination that it would be inappropriate or that under the current ordinances , it would not be possible to approve the request . I would like Mr. Phair to explain the difference between their request for a specific use permit for a building for an accessory use as opposed to a residence. MR. GEORGE PHAIR, ASST. CITY ATTORNEY: The applicant has applied for an educational accessory building. At the hearing that was held last week, it was revealed that in fact they were planning or proposing to install a mobile home to be used as a permanent residence by their night watchman. The Staff .recommended that a specific use permit be granted whereby they would be allowed to use a mobile home as an office or as some sort of quarters for the guard while he was on duty or for some other educational accessory purpose but the applicant stated at the meeting that he did not desire to be limited by that constraint . The Commission, as a result , recommended that the School District be allowed to construct some sort of conventional or modular home there for the night watchman; but that option that recommendation would not require Council action since if it were a conventional home being constructed, there would be no need for Council action since it is in an RS zone and one could be constructed if it met all the safety codes. So, really, there is nothing for the Council to approve inasmuch as the zoning ordinance does not allow currently mobile homes to be installed as a residence anywhere in the City except in a mobile home park or subdivision. We do have some mobile home uses in the City which are being used for non-residential purposes and the way that has occurred is that the mobile homes apparently meet the federal and state requirements and meet the building code and are being used as office uses in appropriate zones and that is the distinction between those uses and the residential uses where it is prohibited. So, really, there is nothing for the Council to act on since the Planning Commission recom- mendation can be followed without Council action. MAYOR MEYERS : Does Council have any questions? I do. I agree with what you are saying but I would hope that we are not going to come back and then have to define how they got it there and what it is. We won ' t have that being a problem. It was part of w discussion as to . . . MR. PHAIR: I am not sure I . understand what you are . . MAYOR MEYERS ; Well , there was a question about how they"d get it there as to what classi- fies as mobile home and doesn 't . Have we satisfied that part of it? -81- June 9, 1981 MR. PHAIR: Well , those are again not legal distinctions between modular home and mobile home; those are joist practical distinctions used in the industry and since that time I have also determined another differentiation is that modular home that we talked, about earlier is designed to be installed permanently where the mobile home by definition is designed to be installed so that it can be removed and reinstalled. That is again not a. legal definition or distinction but one that is used in the industry. We are not really con- fronting that question at this point . MAYOR MEYERS : Are there any other questions? Okay. We don ' t need to do anything. CITY MANAGER: Since you do have the recommendation of the Planning Commission , though, I felt like it would be appropriate to do something - either table it , deny the request ; some action by the . . . . . . COUNCILMAN WILLIAMS: I move that it be denied. COUNCILMAN COMBS : T_ second it . COUNCILMAN LORD : I ' ve got a question on that . You ',ve used the word should not be considered by Council . Would any action be considered action? MR. PHAIR: Well , what I was suggesting there is that the applicant has asked for some sort of Council action whereby he would be allowed to use a mobile home for a residential purpose and the Council could only do that by amending the law . . . . . . COUNCILMAN LORD: In other words, you mean action along that particular line . . . . . MR. PHAIR: Yes, ma' am, the law as applied for, yes . MAYOR MEYERS : What would we be denying, so I can understand the vote? MR. PHAIR: You would be denying a permit . . . well , again , he has applied for something that Council cannot lawfully grant . MAYOR MEYERS : I know, so I am trying to understand what we are denying. -82- June 9, 1981 CITY MANAGER: A request . MR. PHAIR: A request for a specific use permit . MAYOR MEYERS : Fine, which is inappropriate. MR. PHAIR: There are no provisions for a specific use permit for mobile homes for residential use. MAYOR MEYERS : Okay. So, fine. The motion has been made for denial and a second. Is there any further discussion? COUNCILMAN TURNER: We are denying a request for a specific use permit , is that correct? That ' s the motion? COUNCIUMN WILLIAMS : That ' s my motion. COUNCILMAN LORD: We are denying something that we have no right to grant , right? MAYOR MEYERS : We are denying an inappropriate request . MR. PHAIR: Right . COUNCILMAN WILLIAMS : You say inappropriate. Is there a suggestion that if Council chose to do so, that Council could amend the ordinance that would permit this particu- lar thing in this instance here. MR. PHAIR: Oh, yes. COUNCILMAN WILLIAMS : But , then, of course, it would only be for this specific use and would not apply to other mobile homes that would be effected? -83- June 9, 1981 MR. PHAIR: It you amended the ordinance so as to allow exceptional circumstances where mobile homes could be used as residences , it would have to apply generally and not specifically. COUNCILMAN WILLIAMS : Generally. Okay. That was a concern that I had initially and probably was prepared even without your explanation_ to vote against it for that reason because I think we ought to move carefully. I think there is a trend maybe with the courts suggesting that we might be too restrictive now in the use of mobile homes . . . . . . MR. PHAIR: . Well , the law in this area is evolving now because of the economy and that sort of thing. We are watching it closely. There are some new opinions that are coming from cities that do not have zoning which we are watching and I don"t know how they are going to be molded into our situation. MAYOR MEYERS : Is there any further clarification that anyone needs on this motion? Those in favor signify by saying Aye. Opposed? Ayes : All Nayes : None -000- Ordinance No. 81-43 granting a specific use permit for professional offices on a 1 . 3-acre tract on the north side of Delaware in the 4100 Block was considered: ORDINANCE NO. 81-43 ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT FOR AN OFFICE BUILDING COMPLEX ON A 1 . 3 ACRE TRACT HEREIN DESCRIBED IN ACCORDANCE WITH A "SITE PLAN" . The ordinance was approved on a motion made by Councilman Lord and seconded by Councilman Turner. Question : Ayes : All Nayes : None -000- Ordinance No. 81-44 granting a specific use permit for a bar at 2650 N. 11th Street (formerly Pizza Hut ) was considered: ORDINANCE NO. 81-44 ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT TO OPERATE AN ESTABLISH- MENT FOR SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES ON A 0. 360 ACRE TRACT HEREIN DE- SCRIBED IN ACCORDANCE WITH A "SITE PLAN" . The ordinance was approved on a motion made by Councilman Combs and seconded by Councilman Turner. Question : Ayes : All Nayes : None -84,, June 9, 1981 Ordinance No. 81-45 abandoning a 10-foot-wide alley in Block 3 , Langham Addition (requested by Robert Wolfe for a Ship Chandlers Warehouse and Distribution building) was considered : ORDINANCE NO. 811-45 ENTITLED AN ORDINANCE VACATING AND ABANDONING A PORTION OF AN ALLEY LOCATED IN BLOCK 3 OF THE LANGHAM ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS, AS DESCRIBED HEREIN. The ordinance was approved on a motion made by Councilman Lord and secon- ded by Councilman Williams., Question : Ayes : All Nayes: None ' 000- Ordinance No. 81-46 abandoning the west 2. 5 feet of a 10-foot-wide utility easement in Lots 2 and 3 , Block 8 , Delaware Place, Section III (to be used for construction of a detached garage rededication of 2. 5" for easement replacement) was considered: ORDINANCE NO. 81-46 ENTITLED AN ORDINANCE ABANDONING A 2. 5-FOOT PORTION OF A 10-FOOT UTILITY AND DRAINAGE EASEMENT LOCATED IN LOTS 2 & 3, BLOCK 8 , OF DELAWARE PLACE, SECTION III , BEAUMONT, JEF- FERSON COUNTY, TEXAS, AS DESCRIBED HEREIN. The ordinance was approved on a motion made by Councilman Williams and seconded by Councilman Turner . Question : Ayes : All Nayes : None 000 Resolution 81-232 authorizing final payment of $35,658. 84 to Winter King and Son on the contract for construction of the No. 9 Fire Station on Gladys Street (total project cost - $359, 533 . 00) was approved on a motion made by Councilman Lord and seconded by Councilman Combs . Question : Ayes : All Nayes : None --000- Resbluti:on 81-233 authorizing the filing of a transit grant application with the Urban Mass Transportation Administration (:$113 , 200 in system im- provements to include 10 shelters, 100 benches , 15 information display racks and 110 trash receptacles - city share approximately $6,600. 00) and sched- uling a. public hearing on the application at 1 : 00 p.m. , July 21 , 1981 , was approved on a motion made by Councilman Combs and seconded by Councilman Williams . Question : Ayes : All Nayes : None -000- Resolution 81-234 authorizing the execution of a contract with W. R. Boyd, Inc. , for construction of Project IV of the 1981 Street Rehabilitation Pro- gram at a cost of $763 ,223. 82 was approved on a motion made by Councilman Williams and seconded by Councilman Turner. Question : Ayes : All Nayes : None -000- Resolution 81-235 authorizing purchase of 15 police cruisers at $8 ,741 . 00 each (_$131 , 127.45 total) and 12 4-door detective cars at $6 ,943 . 00 each (_$83, 321. 28 total) from Kinsel Ford at a total of $214,448. 73 was approved on a motion made by Councilman Williams and seconded by Councilman Turner. Question : Ayes : All Nayes : None -000- Mayor Meyers welcomed State Representative Al Price to today' s meeting. -85- June 9, 1981 Reminder made of the City Council Workshop Session to be held at 7 : 30 p.m. at Marshall Middle School on Dowlen Road this evening. -000- There being no further business, the meeting was adjourned. -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 June 9, 1981. Myrtle Corgey City Clerk x.86 June 9, 1981