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HomeMy WebLinkAboutMIN MAY 18 1982 REGULAR SESSION? CITY COUNCIL - CITY OF BEAUMONT HELD MAY 18, 1982 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas , met in regular session this the 18th day of May , 1982 , with the following pre- sent : HONORABLE: William E. Neild Mayor Bill Cox Councilman , Ward I Evelyn M. Lord Councilman , Ward II Joseph D. Deshotel Councilman_ , Ward III Wayne Turner Councilman , Ward IV Ray Riley City Manager Hugh Earnest Asst . City Manager Kenneth Wall City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by Dr. Dudley Wilson. , pastor of Calder Baptist Church. The Pledge of Allegiance was led by Councilman Lore. -000- Mayor Neild recognized fifth grade students from Dick Dowling School and their teacher, Sandra Henderson , in attendance at today' s meeting. -000- Mayor Neild issued the following proclamations : "Senior Citizens Month in Beaumont" - Cloy, 1982 ; "Buddy Poppy Days" - May 28 & 29, 1982 ; "Y.M.B.L. 65th Anniversary Week" - May 24-29 , 1982 ; and Gamma Tau Lambda Chapter of Alpha Phi Alpha, Inc. ' s "'First Dinner Roast" honoring former Mayor Maurice Meyers for his contribution to City Government and in developing the area' s first labor/management organization , P.E.P. , during his tenure as mayor; Bessie Knighton , owner of Knighton ' s Funeral Home, for her work in various social groups and as chairman of the National Negro College Fund Campaign ; State Representative Al Price for his service to the entire community dur- ing his eight (8) years as State Representative ; County Judge Richard LeBlanc for his outstanding contribution as top administrator for our County Govern- ment ; and the Reverend G. W. Daniels , President of the Baptist 'Ministerial Alliance for his efforts to provide adequate housing for low income families. The dinner will be held May 20, 1982 . -000- The following Consent Agenda items were considered: The approval of the Minutes of the regular City Council session help? May 11 , 1982 ; Resolution 82-175 appointing R. E. Bistline as a member of the Citizens Advisory Committee of the Community Development Block Grant Program for a term expiring April 30, 1984; Resolution 82-176 authorizing execution of a contract with Mike Barnett Construction Company for the reroofing of the No. 7 Fire Station in the 1700 Block of McFaddin in the amount of $3 ,545. 00 ; Resolution 82-177 authorizing the purchase of six (6) 55-gallon drums of polarsolvent firefighting foam from Arthur Dooley , Inc. in the amount of $4,933. 50; -79- May 18, 1982 r r` Resolution 82-178 authorizing payment in the amount of $1 ,426.00 to Equip- ment Headquarters for the labor to check gauges and pressure and make in- ternal adjustments on a 1980 Model 450 Case Crawler Loader, Unit #5038 ; and Resolution 82-179 authorizing Change Order No. 2 (increasing contract by $4, 715. 00) to the construction contract with Trotti and Thomson for the Riverfront Park Pedestrian Underpass to construct two (2) manholes in the storm sewer, to encase the Gulf States Utilities Company underground elec- trical power lines to and from the underpass structure in concrete and to delete 4" underground conduit (increasing total contract from $488 ,309. 00 to $493 ,024. 00) . The Consent Agenda was approved on a motion made by Councilman Lord and seconded by Councilman Deshotel. Question : Ayes : All Nayes : None -000- Ordinance No. 82-49 for the issuance for a specific use permit for an oc- cupational workshop for mentally retarded adults at 2750 South Fourth Street was considered: ORDINANCE NO. 82-49 ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT FOR AN OCCUPATIONAL WORKSHOP FOR MENTALLY RETARDED ADULTS ON PROPERTY AT 2750 SOUTH FOURTH STREET. MR. JESSE TORRES, Asst . Planning Director : The first item is a request by Mr. Gary Hidalgo for a specific use permit for an occupational workshop for mentally retarded adults on property lo- cated at 2750 South Fourth Street on a 0. 83 of an acre lot which is cur- rently zoned GC-MD. Surrounding zoning on three sides of the application is currently GC-MD. It is surrounded on the north by a retail 'carpet store across Fourth Street ; on the east by retail businesses - an exter- minating business; and on the south by a wholesale vegetable business . On the west , the zoning changes to RS and it is single family development in that area. The property is currently vacant . It faces Fourth Street in the 2700 Block. Existing utilities in the area are an 8" water line in Fourth Street ; a 10" sanitary sewer also in Fourth Street . Fourth Street in this location is designated as a major arterial with 36-foot pavement and a 60-foot right-of-way. The applicant has submitted the necessary site plan which indicates all the requirements for the specific use permit application . There is a required 10-foot buffer strip and an 8-foot privacy fence to be located along the western boundary where the application abuts single family zoning. At the time of the first public hearing there were 22 notices mailed to theproperty owners within 200-feet of the application . We received no responses in either opposition or in concurrence with the requested permit . The staff recommended approval and the Planning Commis- sion also recommended approval of the request by a vote of 6 to 0. Some of the features of the specific use permit other than the buffer strip and privacy fence are the driveway which would lead to the rear of the property where the construction of the new structure would occur. MAYOR NEILD: At this time , we will conduct a public hearing on this application and de- clare the public hearing open and those who wish to speak in favor of the application may come to the podium, give your name and address , and then I will call for those that wish to speak in opposition and you may come forth and do the same. So, at this time , I will call for all those in favor of the application to come forth. Mr. Gary Hidalgo, Director of the Adaptive Living Center, 3755 Corley , addressed Council to speak in support of his application for the issuance of the specific use permit for the construction of an occupational workshop for mentally retarded adults. -80- May 18, 1982 No one wished to address Council in opposition to the issuance of the specific use permit . Mayor Neild declared the public hearing closed. Ordinance No. 82-49 was approved on a motion made by Councilman Lord and seconded by Councilman Deshotel. Question : Ayes : All Nayes : None -000- An ordinance for the issuance for a specific use permit for a private school on property in the 1900 Block of West Lucas was considered: AN ORDINANCE ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT TO ESTABLISH A PRIVATE SCHOOL ON PROPERTY IN THE 1900 BLOCK OF WEST LUCAS. MR. TORRES : The request for the specific use permit to operate a private school (Montessori School) has been made by Dr. & Mrs . James Lett on property located in the 1900 Block of West Lucas. It is a 100 x 446-foot single family residential lot and is 1. 02 acres in size. At the present time , the property is vacant . On all four sides of the application the sur- rounding zoning is RS , residential single family , and the land use sur- rounding the application is single family residential neighborhood. The Comprehensive Plan designates the area best suited for single family resi- dential development . The applicant has submitted the necessary site plan which depicts all of the features required for the specific use permit . Existing utilities in West Lucas in the area of the application are an 18" water line and 15" sanitary sewer. West Lucas is designated in this location as a major arterial . It has a 20-foot pavement with a 60-foot right-of-way. It is slated for improvement to a 45-foot pavement within the next two years under a bond issue improvements program. Fire pro- tection for the area occurs from Fire Station #4 which is located at Gladys and Lucas. The property is surrounded on all four sides by single family housing. The site plan which was submitted by the applicants does satisfy all the requirements in terms of necessary landscaping, buffering, fencing, parking and size of the building, hours of operation. The hours of operation will be Monday through Friday , from 8 : 00 a.m. to 5 :00 p.m. It will be a single story residence which will be compatible in character and size with the surrounding residences, approximately 15-feet in height . It will house 7, 180 square feet . Entrance will be from West Lucas itself . Staff recommended approval and the Planning Commission recommended denial of the request on a vote of 5 to 0. At the time of the original public hearing, there were 24 notices mailed to surrounding property owners within 200-feet of this application. We received 7 responses in opposition to the specific use permit issuance and no responses in favor of granting the per- mit . MAYOR NEILD: We will also have a public hearing in connection with this application. So, at this time, I will call the public hearing and request that anyone who wishes to speak in favor of this application , to come forth and give their name and address and I will also call on those who oppose. So , those that are in favor, please come forward : Those speaking in support of the request for specific use permit for a private school on property in the 1900 Block of West Lucas were : Mrs. W. J. Lett , 2020 Rafes Way ; Dr. W. J. Lett , 2020 Rafes Way; Mrs. Becky Sturrock, 2930 Regent Street , Shrevesport , Louisiana; and Mrs. Diane Shaver, 2010 Blarney ; all addressed Council in support of the ap- plication . Those speaking in opposition to the request were : -81- May 18 , 1982 Mr. H. J. Nobles , 2002 W. Lucas ; Mrs. Margaret Stewart , 1934 W. Lucas ; Mrs . Ardell Jones , 1975 W. Lucas ; Ms. Eleanor Schroeder , 1945 W. Lucas ; Mrs. W. R. Metzke , 1895 W. Lucas ; and Mr. Mike Coy, 8215 Thad Lane , re- presenting Helen Coy ' s Private School , 1915 W. Lucas , all addressed Coun- cil to speak in opposition to the issuance of the specific use permit . Councilman Deshotel made a motion to approve the issuance of the specific use permit as recommended by Staff ; motion died for lack of a second. Councilman Turner made a motion to deny the ordinance ; motion seconded by Councilman Cox. Question : Ayes : Mayor Neild Nayes : Councilman Councilman Cox Deshotel Councilman Lord Councilman Turner -000--- Ordinance No. 82-50 for the issuance of a specific use permit for a storage lot for construction equipment on the southwest corner of South Eleventh (S. 11th) Street and Euclid was considered : ORDINANCE . NO. 82-50 ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT TO ESTABLISH A STORAGE LOT FOR CONSTRUCTION EQUIPMENT ON PROPERTY LOCATED ON THE SOUTHWEST CORNER OF SOUTH ELEVENTH AT EUCLID. MR. TORRES : This application was mad by Mr. Ace J. Clark who is the lessee from Modica Brothers , the owners of the property in question . The lot measures 130 x 110 feet . It is 0. 3 of an acre in size and located generally on the south- west corner of Euclid and S. 11th Street . Surrounding zoning on all sides sides of the application is General Commercial - Multiple Dwelling. There are commercial uses to the north - an auto parts store. And, to the east across 11th Street is vacant . To the south, there are offices and ware- houses and to the west in -the space between the change in zoning between the GC4AD and the RM-H district , there is one single family residence on that one lot which immediately is abutting the property in question to the west . The Comprehensive Plan designates the area as best suited for industrial development . Utilities in the area are a 1211 water line in 11th Street and a 16", sanitary sewer also in 11th Street . 11th Street at this location is designated as a major arterial. It has a 120-foot right- of-way and a 36-foot pavement . Fire protection for the area occurs from Station No. 10 at 3855 Washington Blvd. The property in question at the present time has a trailer stored on the property. The applicant wishes to use this vacant lot . According to the site plan which was submitted by Mr. Clark , he intends no improvements to the property other than the fencing of the entire property. Access will occur from 11th Street . There are no buildings or structures in conjunction with the use which has been stated on the site plan. Drainage will be to the ditches which are in Euclid and 11th at this location. There is no landscaping which is proposed or re- quired on this site. One curb cut will be 15-foot in width to provide access to 11th Street . The applicant has stated he will fence the entire property. There k�,ill be no signs erected in conjunction with the use of the property. Staff recommended approval of the request for the issuance of the specific use permit to the Planning Commission . The Planning Com- mission likewise recommended approval of the request by a vote of 7 to 0. There was one stipulation that the Planning Commission did wish to add to the application -- that was -the addition of an 8-foot privacy fence on the western boundary to buffer the use from the residence at Lot No. 3. We mailed 16 notices to surrounding property owners within 200-feet of this request and we received no replies either in favor or in opposition to the specific use permit application . -82- May 18, 1982 MAYOR NEILD: We will have a public hearing on this matter also and I will declare the public hearing open and those that would like to come and speak in favor , please come to the podium and then I will call upon those who oppose. Is there anyone in favor? Please come forward. Mr. Ace J. Clark, 2880 Edmonds , applicant of the request , addressed Coun- cil in support of his application. No one spoke in opposition to the application . After a brief discussion , Councilman Turner made a motion to approve the application with the conditions that the requirement for the 8-foot pri- vacy fence be deleted and a 6-foot cyclone fence be required on the western boundary and that access be eliminated from West Euclid and that access to the property be from Il.th Street only ; motion was seconded by Councilman Lord. Question : Ayes : All Nayes : None -000-- Ordinance No. 82-51 for the -issuance of a specific use permit for a half-Wa17 house for women at 2520 North Street was considered: ORDINANCE NO. 82-51 ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT TO ESTABLISH. A HALF-WAY HOUSE FOR WOMEN ON PROPERTY AT 2520 NORTH STREET. MR. -TORRES - This is a request for a specific use permit made by Beatrice Trevino who is the representative for the agency involved. The property owner is Michael Maness. The request is for a half-way house for women to be lo- cated at 2520 North Street on a 50 x 140-foot residential lot which is 7 ,000 square feet in size. At the present time the property reflects a vacant residential two-story dwelling. Surrounding zoning to the north is RS , residential single family. It is a neighborhood which fronts on both sides of Hazel Street . The remaining three sides on the east , the south and the west is zoned R-3 , Modified Two Family - Multiple Dwel- ling. The Comprehensive Plan designates the area as best suited for de- velopment under multi-family dwellings . Existing utilities are a 6-inch water line in North Street and an 8-inch sanitary sewer line also in North Street . North Street is designated as a local residential street . it has a 27-foot pavement and a 60-foot right-of-way . Fire protection for the area occurs from Station No. 7 at 1700 McFaddin Avenue. Access to the property is from. a driveway which fronts on North Street . The drive- way leads to the back and it provides parking area. The site plan does indicate all of the items I "m mentioning to you. The applicant did sub- mit a site plan which satisfies all of the eight (8) conditions for the issuance of the specific use permit . The dwelling will be used as a counselling and temporary shelter for =.,omen . it will have hours of opera- tion from 8 am to 5 pm daily . They will be converting the two-story resi- dence to this particular use. Existing drainage would be overland over the property itself and to the open ditches which are in North Street . There would be no additional landscaping or screening in association with the development of the residence. There is a 12-foot curb cut and the rear area has parking for ten (10) vehicles. The site plan indicates one security light in the rear yard to light the parking area. The applica- tion does have provisions for an 8-foot privacy fence which will surround the rear yard area. There are no signs proposed to be placed in the yard; there may be an identification sign on the front of the structure but there is no provisions made on the site plan for the erection of a sign in the yard itself. There were 27 notices which were mailed to surrounding pro- perty owners within 200-feet of the application. We received two (2) re- sponses in favor of granting the permit and seven (7) responses in opposi- tion to the request . The Planning Staff recommended approval and the Plan- ning Commission recommended the approval by a vote of 6 to 0 . -83- May 18 , 1982 MAYOR NEIL-D : I will call the public hearing now in session and those who would like to speak in favor, please come to the podium and then I will call for those who oppose. Beatrice Trevino, 1950 Hickory , Vidor , applicant for the permit ; Kathy White, 2277 Long, . Director of the Center involved; Mrs. Janet Maness , owner of the property ; and Mrs. Gerry Fuller, 4040 Crow Road; spoke in support of the request . None addressed Council in opposition to the requested application for specific use permit. The public hearing was closed. Z:!, Councilman Deshotel made a motion to approve the issuance of the specific use permit . Motion was seconded by Councilman Cox. Question : Ayes : All ?ayes : None -000- An ordinance amending Section 30-24 of the City Code to allow child care centers under specific use permits in RS areas was considered : AN ORDINANCE ENTITLED AN ORDINANCE AMENDING SECTION 30-24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAU- MONT, JEFFERSON COUNTY, TEXAS , BY ALLOWING CHILD DAY CARE CENTERS IN RS DISTRICTS WITH SPECIFIC USE PERMITS ; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilman Turner made a motion to table action on the proposed ordinance until Planning Staff and Commission had reviewed the specific use permit in light of Home Occupation. Councilman Lord seconded the motion . A lengthy discussion was held. City Manager Riley told Council that a public hearing would be required because two different things keep getting intermixed. He said the first was the Home Occupation which now under ord- inance recently adopted provides that Home Occupation is limited to no more than 3 children. "No more would be allowed without further action . He said as he understands it , Council wants to ask that they number be ex- tended to 5 or 6 children. Secondly , Council wants a review by the Plan- ning Commission and Staff as to conditions that would accompany the request for a specific use permit prior to considering this ordinance? There are two parts here : to increase the Home Occupation from 3 to 5 or 6 and have no provisions for a specific use permit . The second is to increase it from 3 to 5 or 6 and all for specific use permit up to some maximum amount with conditions spelled out by the Planning Commission. Councilman Lord stated that she was only interested in the review of Home Occupation without the specific use permit . Further discussion was held. It was decided that Councilman Turner would withdraw his motion to table the ordinance ; second withdrawn by Councilman Lord. Councilman Lord made a motion to deny the ordinance ; motion seconded by Councilman Deshotel. Question : Ayes : Mayor Neild Nayes : Councilman Turner Councilman Cox Councilman Lord Councilman Deshotel Councilman Lord then made a motion to request staff to review the definitions allowable under Home Occupation and the guidelines given ; Councilman Deshotel seconded the motion. Question : Ayes : All Nayes : None -000- -84- May 18, 1.982 Ordinance No. 82-52 abandoning a section of Avenue A between Crockett and Cedar Streets was considered: ORDINANCE NO. 82-52 ENTITLED AN ORDINANCE VACATING AND ABANDON- ING AVENUE A BETWEEN CROCKETT AND CEDAR STREETS AS DESCRIBED HEREIN. The ordinance was approved with the retention of a general utility easement on a motion made by Councilman Turner and seconded by Councilman Deshotel . Question : Ayes : All Nayes : None -000- Ordinance No. 82-53 changing the zoning from GC-MD and RM-H to NC and RS for property in Section I of the Highland Avenue/South Park Rezoning Study was considered: ORDINANCE NO. 82-53 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OR 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 GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING) AND RM-H (RESIDEN- TIA • MULTIPLE DWELLING - HIGH DENSITY) DISTRICT TO NC (NEIGHBORHOOD COMMERCIAL) AND RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Turner and se- conded by Councilman Deshotel . Question : Ayes : All Nayes : None -000- Resolution 82-180 accepting a deed of gift to the Miller Library property from Texas Commerce Bank, Beaumont , NA, Trustee under trust established in the will of Rudolph C. Miller and Byrdie G. Miller for the neighborhood library on 2 . 28 acres located on Dowlen Road was approved on a motion made by Councilman Turner and seconded by Councilman Deshotel. Question : Ayes : All Nayes : None -000- Resolution 82-181 authorizing execution of a contract with Beaumont Emer- gency Medical Services Corporation for an emergency medical services system from june 1 , 1982 through June 30, 1983 was approved on a motion made by Councilman Lord and seconded by Councilman Turner. Question : Ayes : All Nayes : None -000- Resolution 82-182 awarding a contract for construction of the Service Cen- ter to Nash Construction Company in the amount of $2 ,543 ,000. 00 was ap- proved on a motion made by Councilman Lord and seconded by Councilman Deshotel. Question : Ayes : All Nayes : None -000- Resolution 82-183 authorizing purchase of 1 ,000 tons of limestone base material from Davidson Materials of Beaumont , Texas , at $1. 18 per ton plus $12 . 52 for rail costs ($13. 70 effective rate - $13 ,700. 00) was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- -85- May 18, 1982 Happy Weitzel , neophyte student working with Councilman Lord, addressed Council to express his appreciation to the City for his association with city government and to invite all to his graduation from South Park High School on Saturday , May 22 , 1982 at 8 :00 p.m. -000- Councilman Lord was congratulated on receipt of "Outstanding Alumni" at Boston University. She received Distinguished Alumni Award, May 13 , 1982 . -000- There being no further business , the City Council session was adjourned. -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 May .18, 1982 . Myrtle Corgey City Clerk -80- May 18 , 1982