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Home My WebLink AboutMIN APR 26 1983 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD APRIL 26, 1983 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 26th day of April, 1983, with the fol- lowing present: HONORABLE: William E. Neild Mayor Evelyn M. Lord Mayor Pro Tem & Coun- cilman, Ward II Bill Cox Councilman, Ward I Joseph D. Deshotel Councilman, Ward III Wayne Turner Councilman, Ward IV Hugh Earnest Acting City Manager Lane Nichols Asst. City Attorney Myrtle Corgey City Clerk (*Mayor arrived late; meeting conducted by Mayor Pro Tem until his arrival. ) -000- The Invocation was given by the Reverend William Fehl, pastor of Redeemer Lutheran Church. The Pledge of Allegiance was led by Councilman Turner. -000- The following proclamations were issued: "Beta Sigma Phi Day in Beaumont" April 27 , 1983; "Professional Secretaries week in Beaumont" - April 25-29; "Nursing Home Residents Day in Beaumont" - April 29, 1983; "Mental Health Month in Beaumont" - May, 1983; "Better Hearing and Speech Month in Beau- mont" - May, 1983; "ABWA Scholarship Month in Beaumont" - May, 1983; and Recognition of the Winfield Academy for the donation of a liveoak tree which was planted on Babe Zaharias Park near the new shelter under con- struction by a vanload of students who participated individually by shov- elling earth on the newly planted tree. Mr. Joe Winfield, Director, and several children (about 29 children from the day care and Academy) were present for the presentation of the proclamation. Recognition of the Beaumont Fire Department for its "Award of Merit" from the National Safety Council. During 1982 , the incidents of temporarily disabling injuries resulting in workdays lost was 1. 51 per 100 employees a 71% reduction from past years ' rates for the Department and the Fire Protection Industry as a whole. Chief C. A. "Pete" Shelton accepted the award on behalf of his department. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held April 19, 1983; Resolution 83-149 appointing Tom Combs, Jr. ; W. M. Yates; William W. Phillips; Ralph Leaf and Joseph D. Deshotel to the Board of Directors of the Beaumont Multi-Family Housing Finance Corporation with terms ex- piring May 6 , 1984; Resolution 83-150 authorizing payment of $1,121. 17 to Strand Book Store for books furnished to the library; -64- April 26, 1983 Resolution , 83-151 authorizing execution of a sanitary sewer pipeline crossing contract with the Kansas City Southern Railroad Company; and Resolution 83-152 authorizing payment of $1,155. 06 to the Enterprise and Journal for a second publication of the ordinance calling for the drainage bond issue election. The Consent Agenda was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question: Ayes : All Nayes: None -000- An ordinance changing the zoning from R-3 to GC-MD for property at 3100 Grand was considered: AN ORDINANCE 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 R-3 (MODIFIED TWO FAMILY-MULTIPLE DWELLING) DISTRICT TO GC-MD (GENERAL COMMERCIAL - MUL- TIPLE DWELLING) DISTRICT ON PROPERTY LOCATED AT 3100 GRAND; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Of 19 notices mailed to property owners within 200 feet of the request, five responses or 390 of the owners were in opposition to the change. This opposition invoked the 2/3 favorable vote by Council members. Councilman Cox made a motion to deny the request; motion was seconded by Councilman Turner. Question: Ayes : All Nayes : None -000 An ordinance changing the zoning from RM-H to NC for property at 2200 Poplar and granting a specific use permit for a game room there (request made by Mr. Ricky Guillory) was considered: AN ORDINANCE 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 RM-H (RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY) DISTRICT TO NC (NEIGHBORHOOD COMMER- CIAL) DISTRICT ON PROPERTY LOCATED AT 2200 POPLAR; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilman Turner made a motion to deny the request; motion seconded by Councilman Cox. ` Question: Ayes: All Nayes: None -000- An ordinance changing the zoning from R-3 to GC-MD for Lots 21-24 , Block 12, Sunnyside Addition, on the southeast corner of Delmar and Forsythe, and granting a specific use permit for a special trade contracting busi- ness there (requested by Dickie Brocato) was considered: AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING -65- April 26, 1983 DISTRIC'T'S AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING FROM R-3 (MODIFIED TWO FAMILY - MULTIPLE DWELLING) DISTRICT TO GC-MD (GENERAL COMMER- CIAL - MULTIPLE DWELLING) DISTRICT ON PRO- PERTY DESCRIBED AS LOT 21-24 , BLOCK 12, SUN- NYSIDE ADDITION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Discussion of the requirement or condition for construction of a solid privacy fence versus a chain link fence was held. After further con- sideration, a motion to defer action for one week was made by Council- man Deshotel and seconded by Councilman Cox. Question: Ayes : All Nayes: None -000- Ordinance No. 83-44 granting a specific use permit for a heavy construc- tion general constricting business at 5480 Washington Boulevard in a GC-MD area (requested by Harold Malain) was considered: ORDINANCE NO. 83-44 ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT TO ESTABLISH A HEAVY CONSTRUCTION GENERAL CONTRACTOR°S 'BUSINESS IN A GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING) DISTRICT LOCATED AT 5480 WASHING- TON BOULEVARD. This ordinance was previously referred to the Planning Commission for a second consideration of the request. After review, the Commission again voted 5-0 to deny the request because only one of the eight conditions for issuance of a specific use permit had been met by the applicant. Councilman Deshotel made a motion to approve the issuance of a specific use permit if all remaining seven (7) conditions required for the permit are *.net by the applicant. He withdrew his motion for Council discussion of the item. After consideration and discussion, Councilman Turner made a motion to deny the request; motion died for lack of a second. Councilman Deshotel again made a motion to approve the permit if all re- maining seven (7) conditions required for the issuance are met by the applicant. Motion was seconded by Councilman Cox. Question: Ayes: Mayor Pro Tem Lord Nayes: Councilman Councilman Cox Turner Councilman Deshotel -000- Ordinance No. 83-45 amending Chapter 30, Section 30-24.B of the City Code to change the parking requirements for SIC Group 7999 was considered: ORDINANCE NO. 83-45 ENTITLED AN ORDINANCE AMENDING CHAPTER 30, SECTION 30-24 (B) OF THE CODE OF ORDINANCE OF THE CITY OF BEAUMONT BY CHANGING PARKING RE- QUIREMENTS; PROVIDING FOR SEVE'RABILITY; PRO- VIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Cox and se- conded by Councilman Deshotel. Question: Ayes: All Nayes: None -66- April 26, 1983 An ordinance granting a specific use permit for conversion of a garage to an accessory residential use at 5880 Wynden Way in an RS area (re- quested by Mr. Talbot Cowan) was considered: AN ORDINANCE ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT TO CONVERT AN EXISTING GARAGE TO AN ACCESSORY RESIDENTIAL USE IN AN RS (RESIDENTIAL SINGLE FAMILY) DISTRICT AT 5880 WYNDEN WAY. Mr. Torres, Asst. Planning Director, told Council that 11 responses in opposition to the request had been received from the 14 property owners within 200 feet of the request that had been notified. He said this constitutes 35% of the property owners and invokes the 2/3 favorable vote by Council members for approval of the request. Councilman Deshotel made a motion to approve the request; motion was se- conded by Councilman Turner. Question: Ayes: Councilman Cox Nayes: Mayor Pro Tem Councilman Deshotel Lord Councilman Turner Ordinance failed to carry. Councilman Deshotel made a motion to reconsider the ordinance; motion was seconded by Councilman Turner. Question: Ayes : All Nayes: None Councilman Deshotel made a motion to defer action for full Council con- sideration; motion was seconded by Councilman Cox. Question: Ayes : All Nayes: None (Ordinance was again considered at the end of the business agenda after the arrival of Mayor Neild. ) -000- An ordinance granting a specific use permit for an auto paint and body shop at 3102 Magnolia (requested by William Diaz) was considered: AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO OPERATE AN AUTO REPAIR AND PAINT AND BODY SHOP ON PROPERTY LOCATED AT 3102 MAGNOLIA. Mr. Torres told Council that 26 notices had been sent to property owners within 200 feet of the request and that 6 responses in opposition to the request - constituting 29% had been received. This would again invoke the 2/3 favorable action rule for Council. Councilman Deshotel made a motion to deny the request; motion was seconded by Councilman Turner. Question: Ayes : All Nayes : None -000- Ordinance No. 83-47 abandoning Kentucky Street between Florida Avenue and Cardinal Drive (requested by Lamar University) was considered: ORDINANCE NO. 83-47 ENTITLED AN ORDINANCE VACATING AND ABANDONING KENTUCKY STREET FROM FLORIDA SOUTH TO CARDINAL DRIVE. The ordinance was approved on a motion made by Councilman Cox and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -67- April 26, 1983 Resolution 83-153 recommending that sections of Washington Boulevard (be- tween IH-10 and Langham Road) and Gladys Avenue (between Dowlen Road and Major Drive) be considered for the 1983-86 Federal-Aid Urban Systems Pro- gram was approved on a motion made by Councilman Turner and seconded by Councilman Cox. Question: Ayes: All Nayes : None -000- (Mayor Neild arrived during the discussion of the following item. ) Resolution 83-154 rescinding the action accepting the bids of Ferguson Enterprises on furnishing sewer pipe and accessories and accepting bids of Big State Utility Supply and The Rohan Company on supplying the same materials was considered. Council was told that Ferguson Enterprises had informed the City that it would not supply the items listed on Resolution No. 83-145. A motion to approve Resolution 83-154 was made by Councilman Turner and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Resolution 83-155 authorizing employment of Mehaffy, Weber, Keith and Gonsoulin as legal counsel in eminent domain proceedings to acquire two (2) tracts of land for the new landfill site was approved on a mo- tion made by Councilman Lord and seconded by Councilman Cox. Question: Ayes: All Nayes: None -000 Ordinance No. 83-48 amending Ordinance No. 83-43 , adopted April 19, setting rates for natural gas service provided by Entex was considered: ORDINANCE NO. 83-48 ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 83-43 SETTING SMALL COMMERCIAL RATES FOR ENTEX, INC. ; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question: Ayes: All Nayes: None -000- Councilman Deshotel made a motion to reconsider the ordinance granting a specific use permit for conversion of a garage to an accessory residential use at 5880 Wynden Way in an RS area; motion was seconded by Councilman Turner. Question: Ayes : All Nayes: None ORDINANCE NO. 83-46 ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT TO CONVERT AN EXISTING GARAGE TO AN ACCESSORY RESIDENTIAL USE IN AN RS (RESIDENTIAL SINGLE FAMILY) DISTRICT AT 5880 WYNDEN WAY. Councilman Deshotel made a motion to approve the ordinance; motion was seconded by Councilman Turner. Question: Ayes: Mayor Neild Nayes: Councilman Lord Councilman_ Cox Councilman Deshotel Councilman Turner -000- -68- April 26 , 1983 In answer to a question by Councilman Turner concerning a charge for ad- mission to Riverfrong Park during the Neches River Festival ' s "Raft Race" last Saturday, Acting City Manager Earnest told Council that it has been the City' s policy since Riverfront Park has been used to treat it as an adjunct or ancilliary facility to the facilities of the Civil Center and have been charging rent for it because of its sizeable facilities and as a means of control for them. A discussion was held and Council members expressed concern for citizens being charged for the use of City parks and asked that some form of pre- sentation be made concerning the pros and cons for this and that it be clearly publicized so that there is no more confusion by any on City pol- icy in this area. -000- Mayor Neild acknowledged the receipt of a letter from the mother who was involved with the tragic fire at her home on Gladys and the death of one of her children a week or so ago. She wrote to compliment the Emergency Medical Service, Fire Department and Police Department personnel for their help in this very emotional situation and asked that this message be con- veyed to those three departments. -000- Mr. Peter Hamilton, 3590 Delaware, addressed Council to suggest that rental rates be posted for city buildings and parks much like is posted for the Civic Center Parking Lot. Mr. J. C. Leggett, 1849 Washington Boulevard, addressed Council to com- plain about weeds and limbs that were cut and piled on Cartwright Street. -000- There being no further business, the meeting was recessed before continu- ing with the City Council Workshop Session. -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 ses- sion held April 26, 1983 . Myrtle Corgey City Clerk -69- April 26, 1983