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Home My WebLink AboutMIN DEC 04 1984 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD DECEMBER 4, 1984 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 4th day of December, 1984. , with the following present: HONORABLE: William E. Neild Mayor Joseph D. Deshotel Councilman At Large G. Wayne Turner Councilman At Large Nell Pruitt Weisbach Councilman, Ward I Mike Brumley Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Karl Nollenberger City Manager Lane Nichols City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Reverend Douglas Rathgeber, St. John's Luteran Church. The Pledge of Allegiance was led by Mayor Neild. -000- Two proclamations were issued: "Cultural Aspects of Alcoholism Days in. Beaumont" - December 6-8, 1984 and "International Leo Club Day in Beaumont" - December 5, 1984. -000- The following items of the Consent Agenda were considered: Approval of the Minutes of the regular City Council session held November 20, 1984; Resolution 84-432 appointing Shelia Bailey and Evelyn Provo to the Clean Community Commission, terms expiring September 30, 1986, and appointing James Jackson and reappointing Larry Porter to the Parks & Recreation Advisory Commission, terms expiring June 30, 1986; Resolution 84-433 accepting for City maintenance water improvements in Lots 13-40 Block 2 and street improvements for portions of Pebble Beach Drive and Carmel Circle constructed in Willow Creek Country Club Estates, Phase I, Section III; Resolution 84-434 authorizing purchase of Parcel #1, 0.031 acres out of Lots 1-3, Block 2, Mazzu Addition for the Highland Avenue TIP Project from Jess and Jetta Mazzu at an amount of $2,800.00; Resolution 84-435 authorizing execution of a license agreement with LDX Net, Inc. to pay $1.00 per each linear feet of fiber optic cable constructed along or crossing any street right-of-way (payment $2,683.00 has been received and deposited for the proposed work along Kansas City Southern and Missouri Pacific Railroad rights-of way); Resolution 84-436 authorizing Change Order No. 1 at $1,806.54 to the contract for drainage improvements to the Beaumont Public Library with Jim Walters Construction to relocate a 15" drainage pipe and install a manhole at a cost of $1,271.64 plus $534.90 for additional excavation needed (total from $10,667. 20 to $12,483.74); Resolution 84-437 authorizing emergency purchase of a suction bowl for the 4,000 gpm pump for the Railroad/College Street underpass from Pump Specialists, Inc. @ $1,689.00; Resolution 84-438 authorizing payment for 150 copies of Supplement 32 to the City of Beaumont Code of Ordinances to Municipal Code Corporation at $1,144.34; -192- Tla�amhar L►_ 19Rb Resolution 84-439 authorizing demolition and removal of the dangerous structures located at 3058 Dorothy, 1020 Finis, 345/355/365 Jackson and 1115 Stewart by Richard G. Lyons in the amount of $4,450.00. Councilman Moore called for a correction in the Minutes of the Meeting held November 20, 1984: "On Ordinance 84-151 pertaining to the operating hours of Mr. Prejean's establishment (4290 Pradice), the correct reading should be that the operation could not open until 4:00 P.M. on any school day rather than from 10:00 A.M. to 4:00 P.M. for school days." The Consent Agenda was approved with the correction to the Minutes on a motion made by Councilman Deshotel and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- A public hearing was called to consider the issuance of up to $7,000,000 in Industrial Development Revenue Bonds for the Waterford Hotel Project (former King Edward Hotel - LaSalle Hotel) to . rehabilitate the hotel as Phase I to include 99 suites for daily occupancy and in Phase II a parking facility to service the hotel and an office building. There being no citizens to address Council, the public hearing was closed. Resolution 84-440 approving issuance of industrial development revenue . bonds by the Beaumont Industrial Development Corporation in the amount of $7 million for Waterford Associates dba the Waterford Hotel was approved on a motion made by Councilman Turner and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- Ordinance No. 84-152 changing the zoning from R-3 (Modified Two Family and Multiple Dwelling) to RCR (Residential Conservation and Revitalization), NC (Neighborhood Commercial and GC-MD (General Commercial - Multiple Dwelling) for property located between 23rd Street and the I-10 west service road, from McFaddin and Calder on the north to Phelan and the abandoned Missouri Pacific Railroad at 18th Street was considered: In answer to questions, Mr. Jesse Torres, Assistant Planning Director, told Council all of the uses on the west side of 18th Street would become nonconforming uses under the RCR designation but all current uses would be "grandfathered in" and there are exemptions under Section 30.33 of the Code which exempts certain uses that become nonconforming as a result of rezoning. . . . . If any of the uses in that RCR area were to be changed, they could be changed to another same type of use. The ownership could change and the zoning would not . effect ownership of property. If the use were to change to a more Intensive use than those allowed in RCR, it would require a zone change to allow them to go in there. ORDINANCE NO. 84-152 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 AND MULTIPLE DWELLING DISTRICT) TO NC (NEIGHBORHOOD COMMERCIAL DISTRICT), GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING DISTRICT) AND RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION DIS- TRICT) FOR PROPERTY LOCATED BETWEEN 23RD STREET AND THE I-10 WEST SERVICE ROAD, FROM MCFADDIN AND CALDER -193- December 4, 1984 ' 7 ON THE NORTH TO PHELAN AND TO ABANDONED MISSOURI PACIFIC RAILROAD AT 18TH STREET; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Mayor Neild and seconded by Councilman Turner. Question: Ayes: Mayor Neild Nayes: Councilman Councilman Samuel Deshotel Councilman Turner Councilman Weisbach Councilman Brumley Councilman Moore -000- Ordinance No. 84-153 changing the zoning from RS (Residential Single Family) to RM-H (Residential Multiple Family-High Density) for a 1.68-acre tract located beginning approximately 350 feet south of Highway 105 and 588 feet east to Major Drive on the east side of Major Drive (requested by John Blackwell) was considered: ORDINANCE NO. 84-153 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 DISTRICT) TO RM-H (RESIDENTIAL MULTIPLE FAMILY - HIGH DENSITY DISTRICT) FOR A 1.68 ACRE TRACT LOCATED BEGINNING APPROXIMATELY 350 FEET SOUTH OF HIGHWAY 105 AND 588 FEET EAST OF MAJOR DRIVE ON THE EAST SIDE OF MAJOR DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- An ordinance changing the zoning from RM-H (Residential Multiple Family-High Density) to NC (Neighborhood Commercial) for property located at 2205 Washington Boulevard (requested by Phillip Daigle for retail sales of new and used merchandise and gift items) 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 FAMILY - HIGH DENSITY DISTRICT) TO NC (NEIGHBORHOOD COMMERCIAL DISTRICT) ON PROPERTY LOCATED AT 2205 WASHINGTON BOULEVARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was denied on a motion made by Councilman Turner and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -194- December 4, 1984 Ordinance No. 84-154 changing the zoning from AR (Agricultural Residential) to CM (Commercial-Manufacturing) on property located at the southwest corner of I-10 South and Walden Road (requested by United States Post Office) was considered: ORDINANCE NO. 84-154 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 AR (AGRICULTURAL-RESIDENTIAL DISTRICT) TO CM (COMMERCIAL-MANUFACTURING DISTRICT) ON PROPERTY LOCATED AT THE SOUTHWEST CORNER OF I-10 SOUTH AND WALDEN ROAD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Ordinance No. 84-155 changing the zoning from RS (Residential Single Family) to NC (Neighborhood Commercial) on property located at 5020-5040 Bigner Road (requested by Robert and Shirley Pryor for a thrift shop with used clothing and miscellaneous items) was considered: ORDINANCE NO. 84-155 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 DISTRICT) TO NC (NEIGHBORHOOD COMMERCIAL DISTRICT) ON PROPERTY LOCATED AT 5020-5040 BIGNER ROAD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Moore and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Ordinance No. 84-156 granting a Specific Use Permit to build professional offices in an RM-H (Residential Multiple Family-High Density) district on property located in the 1900 Block of Dowlen Road (requested by Carl Kohler for owner, M. J. Campbell) was considered: ORDINANCE NO. 84-156 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR PROFESSIONAL OFFICES ON PROPERTY LOCATED IN THE 1900 BLOCK OF DOWLEN ROAD. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- Ordinance No. 84-157 granting a Specific Use Permit to establish a church in an RM-H (Residential Multiple Family-High Density) district located at 7650 Park North Drive (requested by 11th Street Baptist Church) was considered: -195- December 4, 1984 ORDINANCE NO. 84-157 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A CHURCH ON PROPERTY LOCATED AT 7650 PARK NORTH DRIVE. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Ordinance No. 84-158 granting a Specific Use Permit to establish a doctor's office in an RM-H (Residential Multiple Family-High Density) district on property located in the 7800 Block of Gladys (requested by Dr.. Carey Fracht, O.D. ) was considered: ORDINANCE NO. 84-158 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A DOCTOR'S OFFICE ON PROPERTY LOCATED IN THE 7800 BLOCK OF GLADYS. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Samuel. Question: Ayes: Mayor Neild Abstained: Councilman Councilman Turner Deshotel Councilman Weisbach Councilman Brumley Councilman Samuel Councilman Moore -000- Ordinance No. 84-159 amending Section 28-39(a)(1) of the City Code, relating to landfill usage was considered: ORDINANCE NO. 84-159 ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ALLOW GREATER CONVENIENCE IN CITIZEN EXEMPTION OF LANDFILL DISPOSAL FEES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Moore and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Ordinance No. 84-160 authorizing ten-year vesting for City employees was considered: ORDINANCE NO. 84-160 AN ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM; GRANTING THE ADDITIONAL RIGHTS, CREDITS AND BENEFITS AUTHORIZING BY SECTIONS 62.105 AND 64.202 OF TITLE 110B, REVISED CIVIL STATUTES OF TEXAS, 1925, AS AMENDED; PROVIDING THAT SUCH RIGHTS SHALL BE SUPPLEMENTARY TO THOSE HERETOFORE ALLOWED AND THAT ARE IN FORCE ON THE EFFECTIVE DATE OF THIS ORDINANCE; AND PRESCRIBING THE EFFECTIVE DATE OF THIS ORDINANCE. The ordinance was approved on a motion made by Councilman Turner and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -196- December 4, 1984 Resolution 84-441 authorizing participation in the Collier Road Storm Sewer Project with Fittz & Shipman, Consulting Engineers, for developer Stanley P. Smith Companies (City's estimated cost - $28,314. and developer's estimated cost - $67,500. ) was approved on a motion made by Councilman Moore and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Resolution 84-442 authorizing purchase of Parcel 13 for the Crockett Connector TIP Project, a 2,173.28 square foot tract out of Lots 686 and 687, Block 29, Original Townsite of Beaumont from The Enterprise Company at a cost of $24,000.00, was approved on a motion made by Councilman Brumley and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Resolution 84-443 authorizing participation in the Westgate Drive Project with Kohler and Kohler, Consulting Engineers, for Sam C. Parigi, Jr. (City's estimated cost - $33,682.80 and developer's estimated cost - $96,320.73) was approved on a motion made by Councilman Brumley and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Resolution 84-444 authorizing the Legal Department to commence eminent domain proceedings to acquire the former Szafir's property, a 0.53 acre tract — Lots 61, 62 and the east 34 feet of Lot 63 in Block 13 of the Original Townsite of Beaumont - against Rio Properties (City has . offered $279,600 but owner is firm at $398,000) was approved on a motion made by Councilman Weisbach and seconded by Councilman Deshotel. Question: Ayes: Mayor Neild Nayes: Councilman Councilman Turner Deshotel Councilman Weisbach Councilman Brumley Councilman Samuel Councilman Moore -000- Resolution 84-445 naming two reception halls in the Julie Rogers Theatre Dr. Lena T. Milam Hall and Nancy F. Strong Hall was approved on a motion made by Councilman Deshotel and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- Ordinance No. 84-161 amending Article III of Chapter 6 of the Code of Ordinances regulating development in flood hazard areas: ORDINANCE NO. 84-161 ENTITLED AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO REGULATE DEVELOPMENT IN FLOOD HAZARD AREAS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Mayor Neild called an Executive Session, pursuant to Section II of the Texas Open Meetings Law, to be held immediately following the City Council Workshop Session. -197- December 4, 1984 Mrs. Delia Harrington, 815 Willow Street, addressed Council to report parking meter 423 Park at Bowie out of order. -000- There being no further business, the meeting was recessed before - continuing 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 session held December 4, 1984. Myrtle Corgey City Clerk -198- December 4, 1984