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HomeMy WebLinkAboutMIN SEP 14 1982 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD SEPTEMBER 14, 1982 BE IT REMEMBERED that the City Council of the City of `Beaumont , Texas , met in regular session this the 14th day of September, 1982 , with the follow- ing present : HONORABLE: William E. Neild Mayor Bill Cox Councilman , Ward I Joseph D. Deshotel Councilman , Ward III Wayne Turner Councilman , Ward IV Absent : Evelyn M. Lord Councilman, Ward II Ray Riley City Manager Hugh Earnest Asst . City Manager Lane Nichols Asst . City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Reverend Lee Wineinger , pastor of the Washington Boulevard Christian Church. The Pledge of Allegiance was led by Councilman Cox. -000- The following proclamations were issued: "Cardinal Craze Day in Beaumont" September 15, 1982 ; "Constitution Week in Beaumont" - September 17-23 , 1982 ; and "Parent-Teachers Association Membership Days in Beaumont" - September 13-24, 1982 . -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held September 7, 1982 ; Resolution 82-338 accepting recently completed street and utility improve- ments in Somerset Village, Section II (Mockingbird Lane from Willowglen approximately 352-feet to the Dead End; Monica from Willowglen approxi- mately 950-feet west and Willowglen from Monica approximately 480-feet north Water and Sewer Improvements for Lots 1-19, Block 6 and Lots 1-24 , Block 7) Resolution 82-339 authorizing an agreement with the Governor's Office of General Counsel and Criminal Justice for a grant to finance a Police Juvenile Investigation and Training Program; Resolution 82-340 appointing Charles Giglio to the Clean Community Com- mission , term expiring September 30, 1984; Resolution 82-341 appointing Michael Ryals to the Transit Advisory Com- mitee, term expiring June 30, 1983 ; and Resolution 82-342 authorizing the execution of a contract with Trotti & Thomson for construction of curbs on sections of Pearl and Forsythe next to the Julie Rogers Theater (City Auditorium) at a cost of $2. 50 per lineal foot , not to exceed $2, 000. 00. The Consent Agenda was approved on a motion made by Councilman Turner and seconded by Councilman Deshotel. Question : Ayes : All Nayes : None -000- -162- September 14, 1982 The first reading of an ordinance annexing 395. 53 acres south of the City limits including the 330. 17-acre proposed City landfill site and 62. 36 acres east of the landfill was held: AN ORDINANCE ENTITLED AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORITY TO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE THE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS; AND GRANTING THE SAID TERRI- TORY AND TO ALL FUTURE INHABITANTS OF SAID PRO- PERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SUCH SAID FUTURE INHABI- TANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY. The ordinance was passed to its second and final reading on a motion made by Councilman Turner and seconded by Councilman Cox. Question : Ayes: Mayor Neild Nayes: Councilman Councilman Cox Deshotel Councilman Turner -000- Resolution 82-343 authorizing execution of a contract with Sabine Consoli- dated, Inc. in the amount of $227 ,950. 00 for construction of a 16-inch water main extending for a distance of about 8 ,600 feet along the north side of College Street from Wescalder Road to a recently-annexed -area west of Municipal Airport was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question : Ayes: All Nayes: None -000- Resolution 82-344 authorizing purchase of two parcels of right-of-way for the Phelan Boulevard Extension Project - Parcel #28 from Andrew and Car- rie Owens in the amount of $2 , 790. 00 and Parcel #29 from Clinton and Har- riett Waters in the amount of $4, 710. 00 was approved on a motion made by Councilman Cox and seconded by Councilman Turner. Question: Ayes: Mayor Neild Abstained: Councilman Councilman Cox Deshotel Councilman Turner -000- Resolution 82-345 authorizing purchase of pipe and couplings for the Water Utilities Department from Western Pipe and Supply in the amount of $25, 817. 72 was approved on a motion made by Councilman Deshotel and secon- ded by Councilman Turner. Question : Ayes : All Nayes: None -000- Ordinance No. 82-108 amending sanitation service charges was considered: ORDINANCE NO. 82-108 ENTITLED AN ORDINANCE AMENDING SECTIONS 28-27, 28-28, 28-31 AND 28-39 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ESTABLISH REFUSE COL- LECTION RATES AND DUMPING FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Cox and seconded by Councilman Deshotel. Question : Ayes: All Nayes: None -000- -163- September 14, 1982 Ordinance No. 82-109 amending sections of the zoning ordinance relating to adult uses and eating and drinking establishments was considered: ORDINANCE NO. 82-109 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ADDING DEFINITIONS AND SPECIAL CONDITIONS CONCERNING ADULT ENTERTAINMENT USES; PROVIDING FOR SEVERABILITY; PROVID- ING FOR REPEAL AND PROVIDING A PENALTY. MR. BRUCE McCLENDON, Director of Planning: The Council is being asked to adopt an ordinance today for which the pub- lic hearing was held yesterday. The most significant impact of the pro- posed change to the zoning ordinance would be to modify the existing de- finition of "adult uses" to include in that definition "eating or drink- ing establishments which have sexually-oriented entertainment such as go-go dancers, exotic dancers, strippers, or other similar entertainers. " In addition , we are asking that , whether or not the use is a primary use or an accessory use, that all adult uses be treated the same. In addi- tion , we are asking that a specific use permit be required for adult uses to be established in the General Commercial - Multiple Dwelling (GC-MD) District . We are also requesting that the existing conditional limita- tion on the placing of adult use within "1 , 000 feet of a church, school or public park or other place of recreational assembly by minors" be modified by reducing that standard to 750 feet and also by deleting re- ference to "other recreational facilities where minors may congregate. " The revised ordinance would read that "An adult entertainment use shall not be established or expanded within 750 feet of the property line of a church, school , or public park. The deletion of the "other recreational facility where minors congregate" from this locational standard was not presented to the Planning Commission . It is being presented to you today as a Staff recommendation. We support the action of the Planning Commis- sion yesterday, subject to this one revision and that is the deletion again of the "other recreational facilities. " The staff report that was presented yesterday made reference to published studies and reports and documentation that supported the recommendation which the Planning Staff made to the Commission and Council. We indicated yesterday that on local conditions that the Police Department had indicated to us that there was a direct relationship between criminal activity and the presence of certain adult uses. Today I would like to add the documen- tation to the presentation I made to you yesterday. The Staff report that was presented to the Commission and Council has been modified. You have a copy of that report . Very briefly, I would like to read these three paragraphs that have been added just again to document the statements in- troduced into the record yesterday: "The Police Department of the City of Beaumont has concluded that adult uses such as bars, lounges or taverns, and especially those featuring such sex- ually-oriented activities as exotic dancers and go-go girls, are the fre- quent scene of illegal sexual activities such as prostitution and the sale and use of narcotics. Criminal activity in an area with adult uses is above average and is often attributable to the need of drug users to obtain money to finance the purchase of narcotics. Crimes against persons, such as mug- ging, are also above average in such areas. The bunching or grouping of adult uses has an even greater adverse impact . The character of the area attracts a distinct class of people and a crimi- nal element . It results in a reinforcing multiplier effect on criminal behavior and leads to a higher incidence of crime. -164- September 14, 1982 MR. McCLENDON continued : "The preservation of residential neighborhoods and business districts against the deteriorating influence of crime and blight ranks among the highest functions that city dwellers expect its planners , commissioners and elected officials to perform. Current zoning regulations in Beaumont are not adequate to control the adverse impact of sexually-oriented adult uses on surrounding residential areas or to prevent commercial deteriora- tion and blight . " Again , this was to supplement the testimony that was provided yesterday and to document it . We also want to introduce again the maps that we have prepared that show the areas of the City of Beaumont where adult uses can be established and meet the criteria and the conditions that are set forth in the ordinance. There are literally hundreds and hundreds of acres on the series of maps where these uses are permitted. It is not the intention of the City Staff to prohibit a location of adult uses in Beaumont but merely to regulate those uses with appropriate spacing standards so that they do not adversely effect residential areas, commer- cial development potential or have the opportunity to become a blighting influence to the "skid-row" effect that we've talked about . These maps can be reviewed by the Council again if they would like. Bas- ically the areas include many commercial-viable locations along Eastex Freeway, Interstate System IH-10, Cardinal Drive and Washington Boulevard. The records will be kept - the maps will be kept on file in the Planning Department and will be made available for inspection by anyone who so de- sires. With the slight change, the deletion in the ordinance that was presented to the Commission and Council yesterday , the Planning Staff recommends adoption of the series of text changes effecting adult uses. (END OF EXCERPT. ) After further discussion , the ordinance was approved on a motion made by Councilman Cox and seconded by Councilman Turner. Question : Ayes : All Nayes : None -000- Ordinance No. 82-110 amending Section 30-40 of the City Code relating to applications for zoning changes was considered: ORDINANCE NO. 82-110 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT CON- CERNING AUTHORIZATION FOR APPLICATION FOR A ZONE CHANGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Section 30-40(a) is amended to read: "The City Council may, from time to time, amend, supplement , or change by ordinance the boundaries of the zoning districts or the regulations herein established, or issue or revoke specific use permits. Zoning changes may be initiated by the City Council , Planning Commission or City Planning Staff. Zone change applications from the public shall be accepted only from property owners, their agents with written authoriza- tion, or those with valid contracts for purchase of the property for which rezoning is being requested. " The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question : Ayes : All Nayes : None -000- -165- September 14, 1982 Councilman Turner asked the staff to pursue the possibility of requirements for adult activities within any zone district in the City for futher con- sideration by Council. In addition , he asked that some type of study, again through the zoning ordi- nance, be made in reference to location of commercial dumpsters in close proximity to residential or multi-family dwellings where it creates a nui- sance. He sited an instance of an apartment complex located next to a single family structure with the commercial-type dumpster on the property line, thirty feet from the man ' s front door. -000- Mr. Ron DeLord, President of the Combined Law Enforcement Association of Texas, an affiliate of I . B.P.O. , negotiator for Beaumont Police Officers , addressed Council to request development of an Impasse Procedure to be used as an aid to contract negotiations. Mrs. Clara Benoit , 1253 Laurel ; the Reverend T. Randall Smith, pastor of St . Luke' s United Methodist Church; Al Gerson, 2275 Evalon ; Gordy Nesom, 390 Bradford Drive; Mrs. Martha White, 5080 Helbig Road, Apartment 77; and Earnest Wayne McCall , 670 Bancroft , addressed Council to request higher wages for Police Officers. Mr. Bud Mackey, Business Manager , and Keith Wingler, 4135 Congress, repre- sentative of AFSCME, Local 385 , addressed Council to ask that services of the City (Fleet Maintenance) not be contracted out for management . -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 September 14 , 1982 . Myrtle Corgey City Clerk -166- September 14, 1982