HomeMy WebLinkAboutMIN APR 28 1987 REGULAR SESSION
CITY COUNCIL - CITY OF BEAUMONT
HELD APRIL 28, 1987 - 1 :15 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, 1987, with the following present:
HONORABLE: Maurice Meyers Mayor
Bob Lee, Jr. Councilman At Large
Andrew P. Cokinos Councilman At Large
Lulu L. Smith Councilman, Ward I
Mike Brumley Councilman, Ward II
Audwin Samuel Councilman, Ward III
David W. Moore Councilman, Ward IV
Albert E. Haines City Manager
Lane Nichols City Attorney
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'The Invocation was given by the Rabbi Peter Hyman of Temple Emanuel.
The Pledge of Allegiance was led by Councilman Cokinos.
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Mayor Meyers called an Executive Session, pursuant to Section II(e) of the Texas
Open Meetings Act, to be held immediately following the City Council Workshop
Session, to consider pending litigation.
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MAYOR MEYERS:
First, I'd like to welcome - the guy chickened out - he's supposed to be sitting in
this chair, based on the scroll presented - that's Wilton White, King Neches the
39th. Wilton, we're pleased to have you here. Surely, as King, you've got some
words for your subjects.
KING NEGOES THE 3911d, WILTON WHITE:
For the record, my name Is Wilton White and I live at 4420 Thomas Lane; but, this
week, I'm, I guess, fortunate enough to carry the title of King Neches the 39th and
represent the Neches River Festival; and it's from that, that I asked the Mayor if
I could address Council and say just a few brief words. On behalf of the Neches
River Festival, I do want to commend and thank the Mayor and Council for
proclaiming this the 39th Annual Neches River Festival Week. I-m having fun. Now,
dressed like this, I had better. So, seriously, I've got the attitude adjustment
right and am looking forward to everything that is fixing to happen to me in, as a
group, take place.
-165- April 28, 1987
MR. WHITE continued:
I can report to you that we have some sixty-six duchesses cuing from area towns
and communities and some pretty far away that will be staying in our community and
adding to our local economy and for that we are also pleased. More particularly, I
also wanted to comment and compliment John Gorman and his staff for the excellent
preparations that he made last Saturday as we brought the Neches River Festival
back to the River and had the arrival ceremony there at the beautiful Riverfront
Park and that was a special treat to me and I appreciate John Gorman and the group
for that. And, then, finally, for you allowing us to fly the Neches River Festival
flag and all of that, we appreciate it. That's all I really had - just a special
thank you and join us. We are going to have fun.
MAYOR KEYERS: Thank you. Do you . . . . . . do they let you go unguarded?
I WHITE: Can you imagine. Well . . . . . .
MAYOR MEYERS: There's nobody with you?
MR. WHITE:
Isn't that a shame? Not many people want to be seen, you know, walking around with
people dressed like this. The president of the Festival this year is Dr. Jack
McNeill and he said that it was depending on his surgery schedule as to whether he
could accompany me or not and, since you were able to put us on now, I thought
"great". I'll take the opportunity . . . . . .
MAYOR MEYERS: Where's that white car?
KR. WHITE:
Oh, the big white car that you saw. Well, that is when the activities pick up and
the parking places get few, they provide us a lirr:ousene to ride around in. Now,
today, I'm in a Volva, how-ever, so you've got to keep it in perspective. Thank you
all a lot.
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Several proclamations were issued: "ASH°MR Week in Southeast Texas" -- May 4-8, 1987
(lollypops were given to Mayor, Council and staff - called "Things are looking up
suckers" - the theme for MR-MR week) ; "Day of Celebration of Cinco de Mayo in
Beaumont" - May 5, 1987 (Hispanic Community for Progress will sponsor the 2nd
Annual Cinco de Mayo celebration at Riverfront Park on Sunday, May 2, 1987 -
Pinatas were given to the Mayor, Council and City Manager); "Days of Remembrance of
the Victims of the Holocaust in Beaumont - April 26-May 3, 1987.
Rabbi Hyman, in receiving the last proclamation, said: "This proclamation
f'epreieiT s much. This proclamation carries with it sensitivity and decency and the
awareness that the beauty of our human tapestry resides in the variety present in
the h=.err§an fabric.
-166- April 28, 1987
RABBI HYMAN continued: It communicates a powerful message to our community as
we 11. it says that Beaumont is predicated on those principles which sake human
society noble society and I believe that it serves as a warning to the intolerant,
bigoted and the prejudiced in our midst saying, whatever we may be, we are
ultimately a community composed of human diversity and, in the spectrum and the
splendor of that diversity, we find our wealth and our worth. Clearly the
Holocaust was not just a Jewish tragedy and I would submit that it stands almost
the pinacle of human tragedy. We have seen as recently as last week and this very
morning that the shock waves of the European nightmare span decades and still
affect us. Some would like to relegate the holocaust to the shelves of ancient
history. It is not ancient history. Therefore, I accept this proclamation, not
only on behalf of the Jewish community but on behalf of our entire community. May
it serve to remind us, we cannot forget. Thank you. "
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Mayor Meyers welcomed the Chancellor of Lamar University, Dr. George McLauglin;
president of the John Gray Institute, Merlin Breaux; and the publisher of our
paper, Mr. George Irish to today's session._
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The following Consent Agenda items were considered:
.Approval of the Minutes of the regular City Council session held April 21, 1987;
Resolution 87-90 authorizing the purchase of approximately 24,000 pounds of liquid
polymer for use in the dater treatment process from Nalco Chemical Commipany of
Naperville, Illinois as a cost of $0.79 per pound or an estimated total cost of
$28,360.00;
Resolution 87-91 authorizing the purchase of approximately 1,500 tons of Class A,
Type B coldmix asphalt aggregate from White's "pines of San Antonio at a cost of
$26. 59 per ton, including freight charges, or an estimated total cost of
$39,885.00;
Resolution 87-92 approving an amend=ment to Article XI, Section 9, of the labor
contract with the Beaumont Police Officers Association to allow the Chief of Police
to appoint two (2) deputy chiefs from the ranks of the Police Department - the
power to appoint to expire September 30, 1988, unless extended by both parties; and
Resolution 87-93 authorizing a track relocation easement to the Kansas City
Southern Railway Company across property at 1101-1115 Franklin and described as
Lots A-1 and 40 of Block 4, Crary Addition, acquired for the Martin Luther King, , `'' '
Jr. Parkway, Spur 380 Project from Pamela Uoozer for an amount of $64,944.00 and', j
authorizing execution of a deed conveying the property to the 'State: of Texas.
The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded
by Councilman Moore.
Question: Ayes: All Nayes: gone
-167- April 28, 1987
Public Comments were allowed on Agenda Items B-7 -through D.- ---.
Dr. George McLaughlin, 850 Georgia, Chancellor of Lamar University and representing
the Metropolitan Board of the YMCA, the Melton YMCA Board and Executive Director
Bob Pollard, the Executive Director of the YMCA of Beaulmont, Roger Durnford, the
president of the West End YMCA Board, Joe Beth Lacky, (also Tom Peterson, Arden
Lou ghmiller, Joe J. Fisher, Jr. , Councilman David Moore, and Merlin Breaux),
addressed Council on Agenda itesr B-8 - C,sUnity Development Block Grant Citizens
Advisory Committee reco,nroendation.s for the allocation of funds to public service
agencies - urged favorable consideration of the staff's recommendation to fund the
Melton Family YMCA to provide community services to the area we refer to in the
proposal as the North End area. Dr. McLaughlin said that the Board was unanimous
in its support and adoption of all of the necessary business arrangments.
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Ordinance Igo. 87-29 granting a Specific Use Permit for a day care center at 7102
Phelan Boulevard and described as Tract 190, Plat SP-6, C. Williams League,
Abstract 59 (requested by Vanessa Davis and Patrick Slaughter to lease an existing
building - center to be known as "Child's Fantasy" and would employ 2 to 4 persons
and have a capacity of 20 to 25 children, ages 0-12) was considered:
ORDINANCE NO. 87-29
ENTITLED AN ORDIN`.kNCE ISSUING A SPECIFIC USE
PERMIT FOR A DAY CARE CENTER AT 7102 PHELAN,
BEAUMONT, JEFFERSON COUNTY, TEXAS.
The ordinance was approved on a motion made by Councilman Lee and seconded by
Councilman Brumley.
Question: Ayes: All haves: None
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An ordinance granting a Specific Use Permit for expansion of a cemetery long Regele
Street northward along the east side of the unimproved right-of-way of Broussard
Street and described as Tract 1-A and Lot 1 , Plat B-8, J. Bullock Survey, Abstract
70 to include an additional 1 .85 acres of land for an additional 1 ,562 grave sites
(requested by W. H. Taft, president of Co-mmunities, Inc. ) was deferred one week on
the request of the City Manager.
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An ordinance gr�inting a Specific Use Permmit for a drinking place at 3D90 Vashirnpton
Boule and at 6th Street and d scrit,ed as Lots 6 a.,d Fa., Ryr,= 6,
Roberts "A" A6'ltion (requested hy _-harles "Chuck" Gui lore - Staff aid P1 ,
C0_u7iccior4 denial on t�%.t t'ir, _ CjI- iQI- . .^t t„",1;ld t; •e
co. r.ati ale z th the pre dou.', nart2y s;- ale fa�ily r• ti �l c`: : ter of 4
nelFhbonc,,od ...,� +ould not CO :! y i;-1 On the C -,cc`,_ ; Jel r a `Gr i rli
V
D• veic�• rt ; :�idered:
� �a- A,,ril c= , 9'7
CORRECTED
AN ORDINANCE
ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A
DRINKING ESTABLISHMENT ON PROPERTY LOCATED AT 3090 WASHINGTON
BOULEVARD AND DESCRIBED AS LOTS 6 AND 6A, BLOCK 6, CARTWRIGHT
ROBERTS "A" ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS.
The ordinance was denied on a motion made by Councilman Lee and seconded by
Councilman Brumley.
Question: Ayes: All Nayes: None
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Ordinance No. 87-30 granting a Specific Use Permit for an insurance office at 3733
Delaware and described as Lot 7D, Block 4, French Subdivision (requested by Harris
R. Fontenot to move his Allstate Insurance Office - Planning Commission recommended
approval, subject to the conditions that any sign placed on the property comply
with the zoning ordinance requirements and that a variance be sought from the
Zoning Board of Adjustment for the existing wood fences on the sides of the
property which are 6 inches to 1-1/2 feet lower than the 8-foot height required by
ordinance and, in addition, the Planning Division staff recommended approval with
an added stipulation that any detached sign on the property be ground-mounted
rather than erected on poles or standards) was considered:
ORDINANCE NO. 87-30
ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR AN INSURANCE
OFFICE ON PROPERTY LOCATED AT 3733 DELAWARE AND DESCRIBED AS LOT 7D,
BLOCK 4, FRENCH SUBDIVISION, BEAUMONT, JEFFERSON COUNTY, TEXAS.
The ordinance was approved with the additional conditions and stipulations
recommended by the Planning Commission and Planning Staff on a motion made by
Councilman Brumley and seconded by Councilman Samuel.
Question: Ayes: All Nayes: None
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Ordinance No. 87-31 changing the zoning from RS (Residential-Single Family) to RM-H
(Residential Multiple Family - Highest Density) for property at 2680 N. 11th Street
- 4.68 acres between the Shell Plant Farm at 2705 N. 20th Street and the 11th
Street Nursery at 2680- N. 11th Street (ordinance rescinds Ordinance No. 87-18,
approved by City Council on March 24, 1987 because of error in mail-out
notifications for the public hearing) was considered:
ORDINANCE NO. 87-31
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 ZON-
ING FROM RS (RESIDENTIAL SINGLE FAMILY DISTRICT) TO RM-H (RESIDENTIAL MUL-
TIPLE FAMILY-HIGHEST DENSITY DISTRICT) ON PROPERTY DESCRIBED AS TRACT 75,
PLAT D-13, A. WILLIAMS SURVEY, AB. 385, BEAUMONT, JEFFERSON COUNTY, TEXAS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY.
-169- April 28, 1987
Ordinance No. 87-31 was approved on a motion made by Councilman Cokinos and
seconded by Councilman Lee.
Question: Ayes: All Nayes: None
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Ordinance No. 87-32 granting a specific use permit for a nursery/grower at 2680 N.
11th Street (ordinance rescinds Ordinance No. 87-19, approved by City Council on
March 24, 1987, because of an error in mail-out notifications for public hearing)
was considered:
ORDINANCE NO. 87-32
ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE
PERMIT FOR A RETAIL NURSERY/GROCER ON PROPERTY
DESCRIBED AS TRACT 75, PLAT D-13, A. WILLIAMS
SURVEY, BEAU MONT, JEFFERSON COUNTY, TEXAS.
The ordinance was approved on a motion made by Councilman Lee and seconded by
Councilman Cokinos.
Question: Ayes: All Nayes: None
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Ordinance No. 87-33 amending and updating the Zoning Ordinance subsequent to the
Fifth Annual Review of the Zoning Ordinance was considered:
ORDINANCE NO. 87-33
ENTITLED AN ORDINANCE AMENDING CHAPTER 30, THE
ZONING ORDINANCE, OF 1HE CODE OF ORDINANCES OF
'HE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY;
i
PROVIDINS FOR REPEAL AND PROVIDING A PENALTY.
The ordinance was approved on a motion made by Councilman Brumley and seconded by
Councilman Moore.
Question: Ayes: All Nayes: None
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Resolution 87-94 approving recommendations for the allocation of $50,000 in funds
to public service agencies under the Community Development Block Grant Program
(Family Services Association/Family Shelter in an amout of 59,992.00, Some Other
Place at $5,000.00, Texas Black Alcoholism Council at $9,808.001 and YMCA-Melton
Branch to provide activities for children in the City's northend at $26,200.00) was
approved on a motion made by Councilman Cokinos and seconded by Councilman Samuel.
Question: Ayes: All Nayes: None
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Ordinance No. 87-34 adopting the 1987 Edition of the National Electrical Code was
considered:
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April 28, 1987
ORDINANCE NO. 87-34
ENTITLED AN ORDINANCE AMENDING CHAPTER 6,
ARTICLE IV, SECTION 6-111(B) OF THE CODE OF
ORDINANCES OF THE CITY OF BEAUFMONT TO ADOPT
THE 1987 EDITION OF THE NATIONAL ELECTRICAL
CODE AS AMENDED; 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 Moore.
Question: Ayes: All Nayes: None
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Resolution- 87-95 approving guidelines for a Small Business Revolving Loan Fund
(established with a $500,000 grant from the Economic Development Administration
which will finance two-thirds of the $750,000 - City's matching share of $250,000
to be funded from Community Development Block Grant funds - was considered :
A lengthy discussion was held concerning the focus of the program and the types of
loans to be considered for funding. It was generally agreed that the main purpose
of the program is to help viable!feasible businesses to get good firm starts and
other small businesses to expand - in the CDBG areas where possible, but not
limited J
to anything other than the City as a whole - so that this would truly be a
11 Iving fund" program. Other discussion concerned the Importance of the variety
revo 0
of expertise of those appointed to the Board for the true success of the prcgram.
It was aareed that a City Council Workshop Session with this Board wben appointed
would be Taiportant for discussion of Council's concerns and Interest in the success
of the program.
The resolution was approved on a motion made by Councilman Moore and seconded by
Couocilman Lee.
question: Ayes: All Naves: None
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Resolution 87-96 awarding three-year contracts for laum care, janitorial service,
grounds maintenance and facilities maintenance services for the Municipal Complex
(Includes Municipal Buildings, Riverfront Park, Delia Farrington's Welcome to
Beaumont Park and Downtown Boulevards) with Edwards Lawn Service of Beaumont at
$2,491 per month; the Athletic Complex (Includes the Tennis flepter, playing courts,
jogging trains and softball and frootil--all fields) with Alamo Lain Service at $4,750
r,er month and Downtown Litter Pickup (provides for orice-a-week pickup on 16 streets
in the Central Business District) with Nick's Grass Cutting Service of Port Arthur
at $1 ,500 per njonth for a total cost of the projects in fte amount of $104,992.00
per Year t:as approved on a motion made by Councilman Moore and seconded by
Council.-c,an Samgel.
Quest-ion: Ayes: All Nay a s: 'gone
-173- April 25, 1987
Resolution 817-97 requesting that permission be obtained in advance from the
Sesquicentennial Commission for the sale, trade or distribution of articles related
to the Sesquicentennial Celebration was approved on a motion made by Councilman
Brumley and seconded by Councilman Lee.
Question: Ayes: All Mayes: None
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Councilman Moore reported again accidents/near accidents at the intersection of W.
Virginia at Port Arthur Road (M. L. King, Jr. Parkway) near Assumption Church and
requested information concerning feasibility for replacing stop signs in the
area. Councilman Moore also complimented City staff in their assistance to Boys
Maven on their Crawfish Festival and Craft Show this past weekend, saying that
"again our City staff provided 'them with the needed services . . . " In addition, he
Invited all the citizens out to for the clean-up, project sponsored by the
Associate Civic Club, this Saturday at 7:30 a.m. at the Hebert Cemetery.
Councilman Lee mentioned that the "Cinco de Mayo" festivities would be held in
Riverfront Park this Sunday, May 3rd and that Fashion Showcase Productions would
sponsor "Sunday in the Park" from 2:-M to 4:00 p.m. on May Kith and that
Councilman Smith would have her first experience of reading the Sunday comics and
being in the Dunking Booth for t1his Sunday.
Mayor Meyers reported concern expressed by citizens for flower Sellers at several
major intersections approaching cars, weaving in and out of moving traffic and the
dark e r to themselves and the apprebension felt by the trotorists for the vendiors
approaching their vehicles and asked that attention be giver, to this situation.
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MRS. SUZY JUNOXER, president of BUILD:
I bring you a Council update and report on 9 current downtown projects that we
reported on at our B,.IIT.D Executive Com,:ittee today. The first is the Forsythe Area
Tru-proveent and Redevelop--ent Com;,ittee which they -have called FAIR and it Is a
c o-wm i t te e of property owners from the Forsythe area which is trying to clean up the
area, just a facelift in general. They are also trying to put together sour groups
to do same real estate L
projects in that
J al_eS, so you will hear more about it later;
but this effort has baen strongly endorsed by the BUILD Board of DI-rectors at our
quarterly meeting. - 0
_1 1he second is _Delta_1Sc_h1oo1 wh1ch is an outfit offering medical
tell nol otu trair.irEgy T
believe, that is imovlkng dc-w stow n into the old PrograT for
H�_lman Services la-ulldHnIg on Buford and Fe n sy I va n I a, expanding their staff and
n u mi')e r of students a n d offering new technical coarsen. The third. and I have
'ore :�i-ntd after", is the Lombardo Building.
pictures h�re tl!-Iat you Carl see �Ie j.
Sherrell (Cockrell}, will. you pass thos-e around. It is a rather
the result si mply of some chemical cleaning and cleanup effort at the Lom.bardo
uidl'L
rig on Orleans, 880 Orleans. it's a deTonstration project by Beaumont Paint
and WallpaPar Co',zDany and other merchants J
In tbe construction business, with BUILD,
showing the low cost and the draimatic effects of s*m p e c
I leaning and those pict-lures
are before and air ter taken at approximately the same time of day. You can see the
r
shadows and work is not coaiplete on that project but it does really Improve that
area. That's ove�r bahind the LaSaije r,,otel.
°--I12- 14pril 28, 1987
MRS. JUNCKER continued:
Fourth, Bruce Irvine is planning a major building renovation at 446 Orleans in a
non-descript little building that I have referred to as a sow-s be
a silk purse before he is through because it's a small, manageable project In which
he will move his entire office when he Is complete. Number five is the Larigham
-Building located at Pearl and College and it's undergoing interior ren0vati(5n___Q_a_n__ff
SiMii--i—inor exterior renovations by the law firm Waldman, Smallwood and Grossman;
so, standby for that one. Then, notice the AT & T Building under construction on
McFaddin between North Pearl and Pine; unfortun_atei_y,,_ BUILD cannot claim credit for
that but we are delighted that they are building in downtown Beaumont. 'there is a
downtown landscape -project that is being undertaRen by AARP and the Retired
T—Pa-E.—beri XsS6_cT_a_ff&E who've adopted f I ower beds to maintain regularly so that the
City won't have to do it. It's at Tevis tnonument and the new Delia Farrington
Welcome to Beaumont Park. BUILD's revolving loan fund project is opening in two
Weeks and that is Fompeii Italian Restaurant. Again, I have visual. aids. Here are
a few menus. I'm sorry I don't have more and also compliTtentary glass of wine to
illiv,I te you to comae by and try the restaurant. They will not be open for business
for --regular dinners and luncl-les for a couple of weeks. T''ey want to do some dry
runs and things and be sure they have everything just right before they open to the
public but do share those and we can probably get more --ards where those came
from. A pending project is one that we've been talking about a long times and
tbat's the Orleans Triangle Pr2ject which is landscaping and sidewilk iyriprovemients
as a cooperative effort among BUI'LD and the City and the Federal Government and
property owners in the triangle area. It's bounded, if you'll recall, by the Kyle
Building, the Federal Building and Shepl-ierd-s Laundry. 'When those i-mprovements
he g!i n in U%e trll.angle area, Shepherds Tla-i-,�dry will repaint their building which is
golng to be an Fn orfn,o',u s change and I t1hi nk create an imipor t_an t v i s�u al i mpr ovent en t
and 1,-, a c t. T!,a y h a V e accepted the design committee . . BUILD's design c;j.—tal "11-ee
r L"': Ti on psint colors. FT-
,all V I'd jut like to say that B,i T J S
'working with t1he develop7u.?rit and design side of dow.,.-itown revitallizatfon. as Wall as
with pro�itotions and events and thay are JfDllowing the d" --";-;town develcpmeDt in a
Plan that was Put to`-`e trier by BU IT
LID and t1he City P.11;_:,.-.,n1tng Dez,;art-ent, N'orman
h I to e r. TH e re is a collecti.on of newspaDar clippie,- s 2ust Lhis Tnonthf on positive
J__ r,
things &,olng -on in the do-.ztov;n area and we will keep you updated. Thank yo-u.
-030-
Mrs. Terri Randale, 20-50 Potts, addressed C oj n c 11 to -u_roe Council to deny the
Specific Use Permit t re qu e a t for expansion of the c em,e. te r y in the
H e ge 1 e/B r ol_t s s a E d ?,ot t s area saying that t h e area was already un-afe for the
r&s it de ri t s in the area because of t-be woo3'ed area and the cem-ellery thazt is
there now and added another page to the petition that was presented earlier during
the Ple-117,1ing C07i- ,z,-,107i
r s Everlfna Boy✓ in, 2105 Potts, addressed Council in -,11 port of co-=,,ents by 11,41rs.
P a,Ida e
-0,00-
T1 ere beirig no further busl;-iess, the Tmeatinc, was recessed before contln�ulng with
the City Couucil. Vor'?11--shap Scission.
I, Rosemarie Chiappetta, Secretary in the City Clerk's Office for 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, 1987.
Rosemarie Chlappetta
Secretary
-174- April 284 -19,87