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HomeMy WebLinkAboutMIN MAR 11 1980 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MARCH 11 , 1980 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas , met in regular session this the 11th day of March, 1980, with the following present : HONORABLE: Maurice Meyers Mayor Tom Combs, Jr. Councilman, Ward I Vi McGinnis Councilwoman , Ward II Absent : Calvin Williams Councilman, Ward III Leroy Evans Councilman , Ward IV Ray Riley City Manager Kenneth Wall City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Reverend. Harold Jones , Westgate Church of Christ . The Pledge of Allegiance was led by members of Girl Scout Junior Troop No. 676 and Brownie Troop 691 . -000- 1979 "Driver-of-the-Year" Award was presented to Jerry May , Engineer with the Fire Department . Mr. May has had fourteen accident-free years driving for the City of Beaumont . He was presented a check in the amount of $100. 00, a certificate and a pen & pencil set . -000- Mayor Meyers issued the following proclamations : "Girl Scout Week in Beaumont" - March 9-15, 1980; "Gene & Lonnie 's Second Annual Chili Cook-off for Cancer Day in Beaumont" - March 29, 1980; "Big Red Days in Beaumont" - March 12 & 13 , 1980 and "Hebert Panther Day in Beaumont" - March 11 , 1980. (Mr. Fred Williams , Coach for the Hebert Panthers ' Basketball Team, his assistant coach and the entire basketball team were introduced to Council and those present for today's meeting. ) -000-_ Resolution 80-76 authorizing the execution of a Certification Statement approving and accepting projects providing for railroad crossing protection at Lucas at its intersection with the Atchison, Topeka and Santa Fe track and at Washington Boulevard at its intersection with the Southern Pacific Transportation track (95% funded by the State & Federal governments and 5% city participation - approximate costs $2550. 00 and $2750. 00) was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Combs. Question: Ayes : All Nayes : None -000- Resolution 80-77 authorizing Change Order No . 1 ($10,000) to the contract with Preload T echnology, Inc. for construction of the ground water storage tank at Loeb (new contract costs $867 , 000. 00) was approved on a motion made by Councilman Combs and seconded by Councilwoman McGinnis. Question : Ayes : All Nayes : None -000- Resolution 80-78 authorizing final payment of $17 ,400. 00 to Hi-Top Roofing and Coatings Company for the Civil Center parapet waterproofing was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Combs . Question: Ayes : All Nayes : None -39- March 11 , 1980 Resolution 80-79 authorizing the execution of a quitclaim deed to Lawrence Williams for the north 2 of Lot 1, Block 13, Oakwood Addition for $700. 00 - property acquired by tax judgment in Cause No. A-95019, styled The City of Beaumont vs. Jamie Pate, et al - (City' s share $213 . 23) was approved on a motion made by Councilman Combs and seconded by Councilwoman McGinnis. Question : Ayes : All Nayes : None -000- Resolution 80-80 appointing Floyd Dixon, Jack Greer and Clifford Hardeman for terms expiring on March 31 ,1983 ; Clyde Vincent , Ed Moore and Benny Janeca for terms expiring on March 31 , 1982 and Tom Smith for term expir- ing March 31 , 1981 to serve as members of the Parks & Recreation Advisory Committee was approved on a motion made by Councilman Combs and seconded by Councilwoman McGinnis. Question: Ayes : All Nayes : None -000- Resolution 80-81 authorizing a lease with the M & E Foot Mark, Inc. #21 for rental of approximately 4 , 000 square feet in the Stadium Shopping Center for a Branch Library at a monthly rental of $750. 00 plus parking lot fees of $150. 00 was approved on a motion made by Councilwoman McGinnis and seconded by Mayor Meyers. Question : Ayes : Councilwoman McGinnis Mayor Meyers Abstained : Councilman Combs -000-- Resolution 80-82 authorizing emergency repairs to a rear-loading refuse truck, Unit #6044 - 1'73 model International , by Safeway Transmissions at a cost of $1 , 778. 00 was approved on a motion made by Councilman Combs and seconded by Councilwoman McGinnis. Question: Ayes : All Nayes : None -000 Resolution 80-83 authorizing- purchase of three (3) 14--cubic yard Diesel Dump Trucks for Water Reclamation Division from Raiford Motors , Inc . at $34, 379. 19 each; one (1) Crawler Loader for Sewer Maintenance Division from Hyco Equipment Company, Inc. at $35, 760. 00 and wire mesh for Parks and Recreation Department from Georgia Pacific Corporation at $1 ,702 . 00 was approved on a motion made by Councilman Combs and seconded by Council- woman McGinnis. Question : Ayes : All Nayes : None -000 Firefighters initiative petitions : City Clerk Myrtle Corgey read the following letter dated March 11 , 1980 : "Honorable Mayor & City Council through Ray Riley, City Manager : The petition received from the Firefighters on March 5 , 1980, re- questing a referendum election enacting an ordinance to provide for com- pulsory binding arbitration as a method to resolve collective bargaining impasses between the City and the Firefighters , petitions have been ex- amined in direct compliance with provisions of Article XI of the Charter of the City of Beaumont . Four Thousand and Thirty-Two (4 , 032) valid signatures are needed on the petition to equal the 257D requirement of the total votes cast in the last General Municipal Election which was 16 , 148 votes . It has been determined that 3 , 548 valid signatures are attached to the petition ; thereby rendering the petition as insufficient by 489 qualified signatures . The petitions have been returned to the firefighters as insufficient . /s/ Myrtle Corgey, City Clerk" -40- March 11 , 1980 After a lengthy discussion, Councilman Combs made a motion to instruct the City Attorney to prepare an ordinance calling a referendum election on April 5, 1980, to approve or reject an ordinance providing for com- pulsory binding arbitration as a method to resolve collective bargaining impasses between the City and such association; Mayor Meyers seconded the motion. Question : Ayes : All Nayes : None -000- Mr. Wayne McDaniel , 5240 Wildwood, addressed Council to again request correction of drainage problems for the Woodland Estates area. Ms. Charlie LeJohn, 2210 Laurel, addressed Council to request that the City provide free parking for employees working downtown. Mr. Richard Bianco, 385 Pinchback, told Council the firefighters issue should have been solved at Council level rather than by citizen petitions . -000- The meeting was recessed before continuing with the Council Workshop Session and public hearing on rezoning applications . -000- The public hearing on rezoning applications was held : Mr. Jesse Torres , Assistant Planning Director , told Council that the seven items to be considered today were considered and voted on by the Planning and Zoning Commission at the public hearing of February 18th. The first item is File 665-Z which is a request by Mr . Don Streety for a change in zoning from R-lA (Single Family Residential) to R-2 (Two :Family and Multiple Dwelling) for a 2. 84 acre tract located on the northeast corner of RFD Road and Highway 105. The property currently is vacant and it is located generally where RFD Road meets Highway 105. Zoning to the north is R-2 and R-lA. To the east, the property is bounded by the LNVA Canal . To the South, property is vacant and is zoned R-1 . To the west , it is likewise vacant and is zoned R-2. Mr. Torres said that three notices were mailed to surrounding property owners in conjunction with this request and no replies were received, either for or in opposition to the request . Public utilities in the location are currently adequate for the request . There is an 8" water line and a 101' sanitary sewer line and fire protection is available from Fire Station #8 which is on Highway 105. In analyzing this request , Mr. Torres said that direct vehicular access on Highway 105 should be limited wherever possible and that it all should be controlled through the use of a one foot access limitation strip which would be par- allel with Highway 105. Mr . Torres said the plat is not in a recorded subdivision and that it should be recorded prior to the building permit for construction of apart- ments being issued. He said it does abut the LNVA Canal along the east and this provides an ideal buffer for this type of request . The tract is also located at a major intersection which does reflect a planning prin- ciple which encourages high-density residential or commercial to be located at this type location. He said the change will encourage other zone changes for the same type of development and the staff does recommend approval of the request based on its locational criteria and since it does follow ac- cepted planning principles. He said the Planning and Zoning Commission ap- proved this particular- request by a vote of 7-0. Mr. Don Streety, 825 Lockwood, developer , stated that he had purchased the property as a portion of 47 or 48 acres purchased within the past year . He said that he owns the property to the north and northwest of this tract . He said that RFD Road at 105 is not a good turn. It is less than 900 turn. He said he had talked with the Traffic & Transportation Department and Planning and that since he owned the property he would make the right-of- way available for a 900 intersection. -41- March 11 , 1980 The second item is File 666-Z, which is a request by Cdr. Cecil Covel for a change in zoning from C-1 (Neighborhood Commercial) to I-1 (Light Industrial) for a 1 . 64 acre tract which is generally located at the western end of Milam Street as it crosses over the railroad tracks. The pavement on Milam Street ends approximately 100 feet east of 7th Street and there is no further pave- ment from that point east to the railroad tracks. The property is bounded generally along its southeastern boundary by a drainage ditch which runs parallel to the railroad tracks . There is an elementary school , Fehl , which is located approximately 300 feet to the west of this particular request . College Street is approximately two city blocks to the north. Eight surrounding property owners were notified in conjunction with this request and two replies in favor of the change were received. Milam Street is currently undeveloped at this location. It has a 60-foot right-of-way. There is only a 6" water line available and sanitary sewer is not available at this site at present . Fire Protection would come from Fire Station #10 at 3855 Washington Boulevard. Mr . Torres said that the primary concern was that the request for industrial zoning coupled with the fact that the elementary school was located in this vicinity would create incompatibility in that the separation between the two is not sufficient to warrant the in- dustrial change. she change to industrial zoning would generate heavy traf- fic on 7th Street which borders the school along the eastern side of the school . He said that approval of the industrial zoning with no type of buffer in the future would require more changes to accomodate the change in industrial zoning. He said that industrially zoned property should have direct access to a major street and said that the only access to this property would have to be through the construction or improvement of the street by the property owner . He further said that the request is not con- sistent with the Comprehensive Plan for this particular part of the City. Based on these points of analysis , he recommended denial of the request due to the adverse effect the zoning would have on the elementary school in the vicinity and the lack of a suitable buffer or a transition area in this area to accomodate future changes . There was no one present to speak in support or opposition to the proposed change. The third request is the request by Tor. Anthony Parigi for a change in zon- ing from R-1 to LR-1 for a . 003 of an acre parcel located generally on the northeast corner of Calder and West Lucas - Parigi Super Pack-Et . Mr . Parigi is making the request to enlarge his business. To the north is R-1 ; across Lucas there is a vacant service station zoned LR-1 . To the south and to the west , there are retail shops which are also located in LR-1 zones . There were seven notices mailed to surrounding property owners. There were no responses received in either opposition or support of the change. Lucas Street at this location has a 60-foot right-of-way and 20-foot pavement . Mr. Torres said that all utilities are present and adequate to serve the changed that is being requested. He said fire protection would be available from Fire Station #4 at Gladys and Lucas . The parcel is a minute one and is a platted lot . It does face LR-1 zoning on the south and the east . The dimensions of this particular lot would prohibit its use under its current R-1 zoning. A change would allow the property to expand the property in this location since it does front on Calder. It would coincide with a plat- ted lot line as well as extending the LR-1 zoning line at this location to a comparable distance north of Calder and it is in accordance with the Com- prehensive plan which is for retail development at this location. Recom- mendation is for approval of the request . There was no one present to speak in opposition or support of the proposed change. The next is File 669-Z which is a request from Mr. Joe Holbert for a change in zoning from R-1 to L11-1 for a . 021 acre lot which is generally located at 510 25th Street and which is currently zoned R-1 . The structure is currently being used for a residence; however, the request is being made to convert the residence from a single family dwelling to a jewelry showroom. Surrounding zoning on three sides of this particular property is zoned R-1 . It is in the middle of a residential neighborhood and generally located across Calder Avenue from the .Veingarten 's Shopping Center which is currently zoned LR-1 . There are two drainage ditches which border this particular re- -42- March 11 , 1980 quest along the south and along the western border of the lot . The area experiences flooding that is probably due to substandard drainage for that particular area and is low in relation to Calder Avenue . 25th Street is residential and has 50' foot right-of-way with 16-foot pavement width. The utilities are adequate for residential use. It would in all likelihood require upgrading should a change to LR-1 be granted. Fire protection for the location would be available from Station #4 at Gladys at Lucas. Mr . Torres said that in analyzing this request , he felt that due to the size of the property, it would constitute spot zoning and it would be contrary to the residential character of the area which surrounds it to the east , the west and the north. Not only that , it would bestow a particular privilege on this particular property owner that would not be bestowed on the other property owners in this particular area should the change be granted to LR-1 . He said that traffic generation in this location would be detrimental to the residential character of the surrounding neighbor- hood and ingress and egress to the property would pose similar traffic problems not only for the property but for the residential traffic which must use 25th Street . Mr . Torres said that since we are having a conversion of a residential structure to a commercial or retail use, the available housing stock in our community would be depleted inasmuch as this structure can not be replaced at the current market value of housing and this is de- trimental to the housing stock and to the surrounding neighborhood where it is located. Based on the analysis , he recommended denial because it would be spot zoning and not in accordance with the Comprehensive Plan which is residential for this location . It would result in commercial en- croachment into an established residential area and would adversely effect the quality and liveability of that neighborhood and it would contribute to traffic congesting at that intersection. Mr. Torres also mentioned that a petition containing 23 names had been sub- mitted in opposition to the proposed change. He said that 13 of the 23 on the petition were on the 200-foot notification list . So we had 13 out of the 23 notices mailed which were on the petition in opposition to the request . Mr. C. Crawford, 525 25th Street ; Mrs. Debbie Dale, 540 25th Street and Mrs. Evelyn Heckman, 690 21st Street all addressed Council in opposition to the proposed change in zoning. The next request is File 670-Z which is a request by Mr . Willard Hall for a change in zoning from A-1 to C-1 for a 7 . 17 acre tract located generally on the southwest intersection of Interstate 10 and Walden Road. Surround- ing zoning to the north is I-1 . It is currently vacant . To the east the property is bounded by the South Frontage Road of Interstate 10. On the south the property is likewise vacant and is zoned A-1 and on the west it is similarly vacant and zoned A-1 . The request is being made in conjunc- tion with construction of a motel at this particular site. There is a 50-foot drainage ditch which crosses the property generally from a north- west to southeast direction at a point approximately midway from north to south; however , in the plans for construction of the motel at this site , it would cause no type of problem for the developer . There were notices mailed to two surrounding property owners in this particular request and no responses either in support or opposition were received. Fire protection is available from two stations in this case - 1155 Glendale, Station #6 and 3855 Washington Blvd, Station #10. Mr . Torres said this location is a:: good one for C-1 zoning since it does promote the planning principle which encourages high intensity commercial development to be located at major intersections . Mr. Torres told Council the change, if granted, the change would generate other changes in this particular lo- cation for supportive services for this particular type of development along Walden Road and in all likelihood similar along the Freeway Frontage Road. Based on these comments and on the location of this particular site , Mr . Torres said that the request should be approved and he recommended it to Council . No one was present to speak in support or opposition to the proposed change. ` The next request is a request by Mr. Lester DeCordova for a change in zon- ing from R-1 to C-2 for a 4 . 03 acre tract which is located generally on the northwest corner of the intersection of Langham Road and Washington Boule- -43- March 11 , 1980 vard. The tract is currently vacant and is zoned R-l. To the east the pro- perty is vacant and zoned R-1 . To the south the property is vacant and is zoned I-1 and to the west , the property is zoned R-1 and is vacant . This tract is currently argricultural and there has been some development southeast of this location. A Sun Pipeline crosses a portion of the north- east corner which provides a buffer for future development to the north as well as for this particular request . Four notices were mailed to surround- ing property owners and no replies were received in support or opposition to the proposed change. Langham Road is an arterial street with an 80-foot right-of-way and 20-foot pavement width at this location. Washington Boulevard is also a major ar- terial which has a 60-foot right-of-way and 22-foot pavement width at this looation. There is a 16" water line in existence and an 181' sanitary sewer and an 18" storm sewer which is being installed at this intersection. Fire protection is available from Station #6 and Station #10. Mr. Torres said the applicant made a request for C-2 zoning; however, in talking to him prior to the meeting, he was told that development for the property could be best suited by a change to C-1 and that the C-2 zoning would, in fact , overzone the property and would constitute what he felt as unnecessary and speculative zoning. Mr . Torres said he felt that the C-1 zoning at this location would also serve as a suitable transition for the surrounding pro- perty when viewed in relation to the I-1 which is south of the property -- which is the development which is occuring on Langham to the north. He also said that a change in zoning at this location also would generate other zone changes for development of Washington Blvd. in the immediate vicinity. Mr. Torres said the Planning & Zoning Commission voted to deny the C-2 request and voted to approve the C-1 request on a 7-0 vote in both cases. No one was present to speak in support or opposition to the proposed change. The final item for consideration is File 672-Z which is a request by Mr . Carl Kohler for two changes in zoning. The first change is from A-1 to R-2 for 16. 52 acres ; the second change is from A-1 to LR-1 for 1 . 86 acres . The smaller tract is located west of the City limit line on Major Drive and there is no zoning to the west . There are no property owners which are to be notified outside of the City limits since they don't appear on our tax rolls. Mr . Torres said however that two property owners east of the request were notified and no replies , either in support or opposition, were received. He said that each request for change was examined inde- pendently but that the Planning and Zoning Commission voted to approve both by a vote of 6-1 . He said that the request for R-2 zoning was examined first because it did involve construction of multi-family dwelling units . He said that this is a good location for such construction because there is a 241'' water line and a 54" sanitary sewer present on Major Drive at this location, which would provide adequate utilities for multi-family development . Fire protection would be available from Station #8 on Highway 105 and Station #4 on Gladys at Lucas . He also said that Major Drive is a major arterial which the Highway Department does intend to improve. He said they recommended ap- proval of the request for multi-family development since it was additional housing units and since the utilities in this particular location are ade- quate and the development would be compatible with development in the area. However, in considering the request for LR-1 , Mr . Torres said they felt the request for LR-1 zoning would constitute spot zoning and therefore re- commended denial of the request for LR-1 zoning. He also said it could contribute to strip zoning along Major Drive. Mr. Carl Kohler, 625 14th Street and representing property owner 0. C. Galloway, spoke in support to both requests . He said the owner wanted to development an apartment community and a small local retail center as a total complex. There being no further business , the public hearing was closed. -000- -44 March 11 , ,1980 Mayor Meyers declared the regular City Council session again opened : The following were present : HONORABLE : Maurice Meyers Mayor Tom Combs , Jr. Councilman , Ward I Vi McGinnis Councilwoman , Ward II Ray Riley City Manager Kenneth ,Nall City Attorney Myrtle Corgey City Clerk --000- Ordinance No . 80-21 calling a referendum election on April 5 , 1980, to approve or reject an ordinance providing for compulsory binding arbitra- tion as a method to resolve collective bargaining impasses between the City and such association was considered : ORDINANCE NO. 80-21 ENTITLED AN ORDINANCE CALLING A REFERENDUM ELECTION IN THE CITY OF BEAUMONT ON THE 5TH DAY OF APRIL, 1980, FOR THE PURPOSE OF APPROVING OR REJECTING AN ORDINANCE AS SET FORTH HEREIN; AND PROVIDING FOR SEVERABILITY. The ordinance was approved on a motion made by Councilman Combs and seconded by Mayor Meyers . Question : Ayes : Mayor Meyers Nayes : Councilwoman McGinnis Councilman Combs -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 regular City Council session held March 11 , 1980. Myrtle Corgey City Clerk -45- March 11 , 1980