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HomeMy WebLinkAboutMIN JUL 27 1982 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JULY 27 , 1982 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas, met in regular session this the 27th day of July , 1982 , with the fol- lowing present : 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 Mr. Kenneth Wall , City Attorney. The Pledge of Allegiance was led by Councilman Deshotel. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held July 20 , 1982 ; Resolution 82-265 accepting the bid of Joe Wheaton to buy a frame resi- dence at 8060 Calder Avenue in the amount of $500. 00 that was acquired by the City with right-of-way for the Phelan Boulevard TIP Project ; Resolution 82-266 appointing William A. Pearson to the Planning Commis- sion for a term expiring July 30, 1985 ; and Resolution 82-267 authorizing the purchase of 625 door plugs for parking meters from Jerry Dreher in the amount of $3 ,825.00. The Consent Agenda was approved on a motion made by Councilman Lord and seconded by Councilman Deshotel. Question : Ayes : All Nayes : None -000 An ordinance changing the zoning from RM-H to GC-MD for Lot 1 , Block 13 , Oakwood Addition at 1300 Madison and Hemlock 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 PROPERTY DESCRIBED AS LOT 1 , BLOCK 13 , OAKWOOD ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS, PRESENTLY ZONED RM-H RESIDENTIAL MULTIPLE DWELLING-HIGH DENSITY) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE DWELLING) DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. The ordinance was denied on a motion made by Councilman Lord and seconded by Councilman Deshotel. Question : Ayes : All Nayes : None -000- -120- July 27, 1982 Ordinance No. 82-75 changing the zoning from RS to RM-M for 1. 128 acres in the 8400 Block of Old Voth Road was considered: ORDINANCE NO. 82-75 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 PROPERTY DESCRIBED AS A 1. 128 ACRE TRACT OUT OF THE W. DYCHES SUR- VEY, BEAUMONT, JEFFERSON COUNTY, TEXAS , PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY) DISTRICT TO RM-M (.RESIDENTIAL MULTIPLE-DWELLING-MEDIUM DEN- SITY) DISTRICT; PROVIDING FOR SEVERABILITY; PRO- VIDING FOR REPEAL; AND PROVIDING FOR A PENALTY. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- Ordinance No. 82-76 granting Historical-Cultural overlay zoning for pro- perty at 479 Pine Street (Sanders Home constructed in 1895) was consid- ered: ORDINANCE NO. 82-76 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 ESTABLISHING AN H-C (HIS- TORICAL-CULTURAL) OVERLAY ZONE FOR PROPERTY DESCRIBED AS LOT 699, BLOCK 30 , ORIGINAL BEAU- MONT TOWNSITE PLAT, LOCATED AT 479 PINE STREET; PROVIDING FOR SEVERABILITY; PROVIDING FOR RE- PEAL AND PROVIDING FOR A PENALTY. The ordinance was approved on a motion made by Councilman Lord and secon- ded by Councilman Deshotel. Question : Ayes : All. Nayes : None -000- Ordinance No. 82-77 changing the zoning from RS to GC-MD for 0. 75 of an acre on the northwest corner of Berry Road and Calder was considered: Councilman Turner made a motion to deny the GC-MD classification and to approve the NC; motion was seconded by Councilman Lord. ORDINANCE NO. 82-77 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZON- ING DISTRICTS AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS , BY CHANGING PROPERTY DESCRIBED AS A 0. 75 ACRE TRACT OUT OF THE CHARLES WILLIAMS LEAGUE, BEAUMONT, JEFFERSON COUNTY, TEXAS , PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY) DISTRICT TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT; PROVIDING FOR SEVERABIL- ITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Question : Ayes: All Nayes : None -000- -121- July 27, 1982 Ordinance No. 82-78 changing the zoning from GC-MD and R-3 to RS for areas included in Section III of the Highland Avenue/South Park Rezoning Study was considered: ORDINANCE NO. 82-78 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS , AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DI'STRI'CTS AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS , BY CHANGING PROPERTY DESCRIBED AS THE HIGHLAND AVENUE/SOUTH PARK REZONING STUDY, SECTION III , BEAUMONT , JEFFERSON COUNTY, TEXAS, PRESENTLY ZONED GC_MD (GENERAL COMMERCIAL-MULTI- PLE -DWELLING) DISTRICT AND R-3 (MODIFIED TWO FAM- ILY AND MULTIPLE DWELLING) DISTRICT TO NC (NEIGH- BORHOOD COMMERCIAL) AND RS (RESIDENTIAL SINGLE FAMILY) DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING FOR A PENALTY. The ordinance was approved on a motion made by Councilman Turner and se- conded by Councilman Cox. Question : Ayes : All Nayes : None -000- Ordinance No. 82-79 granting a specific use permit for professional offices on a 3. 21-acre tract on the west side of Dowlen Road about 0.6 of a mile north of Gladys was considered: ORDINANCE NO. 82-79 ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT FOR PROFESSIONAL OFFICES IN AN RM-H (RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY) DISTRICT ON A TRACT OF LAND ON DOWLEN ROAD NORTH OF GLADYS. Mr. Bruce McClendon , Planning Director, told Council that the recommendation from the Planning Commission was that the proposed use for the part of this property to be used as an exercise or health club be limited in operation to the tenants of the office complex and that that could be designated on the site plan that accompanies the ordinance if Council so desired. Councilman Deshotel made a motion to approve the ordinance including the restriction of the use of the health club be limited to the tenants of the office complex. Motion was seconded by Councilman Turner. Question : Ayes: All Nayes : None -000- Ordinance No. 82-80 renaming sections of Major Drive, Walker Road and FM 3120 was considered: ORDINANCE NO. 82-80 ENTITLED AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS, AND IN PARTICULAR THE NAMES OF THOSE CERTAIN STREETS AS INDICATED UPON THE OFFICIAL STREET MAP OF BEAUMONT, TEXAS BY CHANGING THE NAMES OF FM 364, WALKER ROAD, FM 3120 AND MAJOR DRIVE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. The ordinance provides for the following changes: The name of FM 364 from the north side of the LNVA Canal to Highway 105 shall be changed to Major Drive; The name of Walker Road from Highway 105 north to its intersection with FM 3120 shall be changed to Major Drive; -122- July 27 , 1982 The name of FM 3120 from its intersection with Walker Road northwest to Tram Road shall be changed to Major Drive; and The name of the portion of Major Drive beginning at the south side of the LNVA Canal and extending generally northeastward to Highway 105 shall be changed to East Major Drive. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Lord. Question : Ayes : All Nayes : None -000- Ordinance No. 82-81 abandoning a section of Jirou Street between Caldwell and Interstate 10 and a section of Isla Street between Jirou and Gulf (located on Babe Zaharias Park property) was considered : ORDINANCE NO. 82-81 ENTITLED AN ORDINANCE VACATING AND ABAN- DONING A PORTION OF JIROU STREET AND A PORTION OF ISLA STREET. The ordinance was approved on a motion made by Councilman Turner and se- conded by Councilman Deshotel. Question : Ayes : All Nayes : None -000- Ordinance No. 82-82 abandoning a street light easement across two lots on the northwest side of Lexington Drive in Bramblewood Addition was consid- ered: ORDINANCE NO. 82-82 ENTITLED AN ORDINANCE ABANDONING A 10-FOOT STREET LIGHT EASEMENT IN LOTS 5 AND 6 , BRAM- BLEWOOD ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. The ordinance was approved on a motion made by Councilman Lord and secon- ded by Councilman Deshotel. Question : Ayes : All Nayes : None -000- Ordinance No. 82-83 amending Section 30-25.C. 5 of the City Code was con- sidered : ORDINANCE NO. 82-83 ENTITLED AN ORDINANCE AMENDING CHAPTER 30, SECTION 25-C. 5 , OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY CHANGING THE DESCRIPTION OF AREA AND HEIGHT REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING FOR A PENALTY. Section 25-c(5) reads : Nonconforming lots of record existing at the time of adoption of this ord- inance and lots or parcels created as a result of condemnation or involun- tary sale by the owner to a government entity with the power of eminent domain , shall be exempt , unless otherwise indicated, from the minimum lot area, depth, and width requirements provided they are developed in accord- ance with all minimum yard requirements. Multi-family uses shall not be exempt from the minimum lot area requirements. The ordinance was approved on a motion made by Councilman Lord and seconded by Councilman Deshotel. Question : Ayes : All Nayes : None -123- July 27, 1982 Ordinance No. 82-84 amending Section 30-23. A. 1 of the City Code to make ambulance service an allowable use under specific use -permits in R-3 zoning districts was considered: ORDINANCE NO. 82-84 ENTITLED AN ORDINANCE AMENDING CHAPTER 30, SECTION 23(A) (2) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ADDING AMBULANCE SERVICE AS AN ALLOWABLE USE IN R-3 (MODI- FIED TWO-FAMILY AND MULTIPLE-DWELLING) DIS- TRICTS WITH A SPECIFIC USE PERMIT; PROVID- ING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilman Turner made a motion to deny the ordinance; motion died for lack of a second. Councilman Lord made a motion to approve the ordinance ; motion died for lack of a second. Councilman Turner made a second motion to deny the ordinance; motion was seconded by Councilman Deshotel. Question : Ayes : Councilman Deshotel Nayes : Mayor Neild Councilman Turner Councilman Cox Councilman Lord Motion for denial failed to pass. Councilman Lord again moved for approval of the ordinance; motion was seconded by Councilman Cox. Question : Ayes : Mayor Neild Nayes : Councilman Deshotel Councilman Cox Councilman Turner Councilman, Turner -000- An ordinance amending provisions of the City Code defining home occupations (Day Care) was considered: AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 30 , SECTION 4, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS, BY CHANGING THE DESCRIPTION OF HOME OCCUPATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilman Lord made a motion to table the ordinance so that language could be written in the ordinance to include limitations or regulations for the number of times during the day that a different make-up of five children might change. Motion was seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- Ordinance No. 82-85 amending the City Code to provide for the designation of parking spaces reserved for the handicapped was considered: ORDINANCE NO. 82-85 ENTITLED AN ORDINANCE AMENDING CHAPTER 2 , SECTION 131(B) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ADDING A SUBSECTION REGARDING THE SIGNING OF PARKING RESERVED FOR THE HANDICAPPED; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. -124- July 27, 1982 Section 131(b)(23) reads : To designate along the streets of the City, and on any property owned by the City , areas which shall be used only for parking of vehicles operated by handicapped persons in accordance with state law. The ordinance was approved on a motion made by Councilman Lord and se- conded by Councilman Deshotel. Question : Ayes : All Nayes : None -000- Resolution 82-268 appointing Wathen , DeShong and Company to perform the independent audit of the City's fiscal records for the year ending Sep- tember 30, 1982 , was approved on a motion made by Councilman Cox and se- conded by Councilman Deshotel. Question : Ayes : All Nayes : None -000- Resolution 82-269 letting a contract for hydraulic seeding of the 10 Babe Zaharias Park Athletic fields to Gulf Coast Hydro-Turf in the amount of $14,300.00 was approved on a motion made by Councilman Lord and secon- ded by Councilman Turner. Question : Ayes : All Nayes : None -000- Resolution 82-270 authorizing the purchase of 4,000 cubic yards of oyster shell for street maintenance from Radcliff Materials , Inc. , approximately 2 ,400 cubic yards to be delivered to the City's North Yard on Concord at $11. 70 per cubic yard, and from Keown .Supply, approximately 1 ,600 cubic yards to be delivered to the City's South Yard off Washington Boulevard at $12.00 per cubic yard, was approved on a motion made by Councilman Turner and seconded by Councilman Deshotel. Question : Ayes : All Nayes : None -000- The regular City Council session was recessed so that a public hearing to consider the City' s application amendment for the Paratransit Grant could be called. PUBLIC HEARING PROPOSED AMENDMENT TO CITY' S PARATRANSIT GRANT CITY MANAGER RILEY: First of all , prior to considering the resolution, it is necessary that we have a public hearing concerning the Paiatransit Grant amendment . Council authorized the public hearing at a meeting previously which would allow the amendment to the original application which was approved through the Urban Mass Transportation Administration concerning the city's acqui- sition of three diesel-powered vans, radio controlled, which would be used in providing transportation in the city for the handicapped. The modifi- cation to the application then would allow a total of $142,709.00 be allo- cated for the purpose of providing transportation for the handicapped of which some 92%, I believe, will be paid through the application; excuse me , 9379 portion from both Federal and State governments with the City bearing 77v of the cost . The revised application is relative to the cost for the acquisition of three vans as a result of the bids which were recently re- ceived for the diesel-powered vehicles. In order to process the applica- tion and to receive the additional funds which would be used for the pur- chase of the vehicles , a public hearing is required as a part of the pro- cedures in considering the City of Beaumont 's application for the grant . -125- July 27, 1982 (Public Hearing for proposed amendment to Paratransit Grant continued. ) MAYOR NEILD: With that in mind, I will call the public hearing for the proposed amend- ment to the City's Paratransit Grant application. Is there anyone that will speak to the public hearing portion of this , Ray? CITY MANAGER: No, sir. I think not . We 've actually had several public hearings in the past relative to the original application and I think this would just al- low us to process the amendment . MAYOR NEILD: Is there anyone in the audience that would like to make a comment? If not , I will declare the public hearing closed. Public Hearing closed and regular City Council session reconvened. -000 Resolution 82-271 authorizing the City Manager to file an amendment to the Beaumont Municipal Transit Paratransit Service Capital Grant in the amount of $70 ,259. 00 with the Urban Mass Transportation Administration was ap- proved on a motion made by Councilman Lord and seconded by Councilman Turner. Question : Ayes : All Nayes : None -000- The regular City Council session was again recessed so that a public hear- ing could be called to consider dilapidated structures : Mr. George Gardner, Urban Rehabilitation Administrator , told Council that all of the below-listed structures are in violation of Article III , Sec- tions 14-50 and 14-51 of the Dangerous Structures Ordinance of the City of Beaumont , Texas , and that all notification procedures have been met . 1155 BUFORD - David E. O`Fiel , owner (8 violations), recommendation to raze with 30 days ; 3910 OCTAVIA Eugene Richard, owner (9 violations) , recom- mendation to raze within 30 days ; 2058 POPLAR - Guy Jones, owner (11 viola- tions) , recommendation to raze within 30 days; and 10790 VINSON - Kerry J. Bendy, owner (11 violations) , recommendation to raze within 30 days. No citizens appeared to address the hearing. Public Hearing closed and the regular City Council reconvened. -000- Ordinance No. 82-86 declaring certain dilapidated structures to be public nuisances and requiring their repair or removal was considered: ORDINANCE NO. 82-86 ENTITLED AN ORDINANCE FINDING CERTAIN STRUC- TURES TO BE PUBLIC NUISANCES; ORDERING DEMO- LITION THEREOF; PROVIDING A PENALTY; AND PRO- VIDING FOR SEVERABILITY. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- -126- July 27, 1982 Councilman Lord asked that the following letter, dated July 22 , 1982 , be entered into record: "City Council P. O. Box 3827 Beaumont , Texas 77704 Dear City Council Member: This is concerning child care as a home occupation that will be voted on during the City Council Meeting on July 27th. I am writing this because I cannot speak before a group. I become very nervous and cannot remember what I want to say , even if I have notes. I am in favor of changing the existing ordinance from three children to the number of children allowed by the Department of Human Resources for a Reg- istered Family Home. Ms. Neid supplied all of you with copies of the rules and regulations for the different types of child care. Briefly, a Regis- tered Family Home is allowed to keep six children and after school brothers and sisters of these six, not to excede twelve children total , including the care giver's own children. The City wants to limit this to five children total plus the caregiver's own children. The City feels it can insure better care if the number is five. May I submit these thoughts for your consideration? If I have two children of my own and keep five additional children (total 7) and another mother who has six children of her own and keeps five additional children (total 11) ; how is this fair? Also, if a Registered Family Home is not in a R-S Zone, the City does not regulate the number of children. They feel that the Department of Human Resources can regulate this. Does this mean that because many of our Registered Family Homes are in R-S Zones that we are not as qualified as people that live in other zones? If the Department of Human Resources is going to regulate one group, it should be qualified to regulate all. Traffic flow was presented as a problem the City is concerned about . The Department of Human Resources limits a Registered Family Home to six fami- lies. This would mean a maximum of six cars. In my situation , I have two families that live on my street and pass my house anyway. Two other fami- lies car pool. Similar situations can exist in other Registered Family Homes. If traffic flow is a concern in R-S Zones , then take a look at the people who give swimming lessons every day to 8 to 10 people per hour. Now that 's traffic flow. How about the art lessons , piano lessons and etc. Amway and Shaklee dealers who use their garages as distribution centers for their sales people. These all have as much, if not more, traffic flow than Regis- tered Family Homes. This year Kindergarten children (5 year olds) will be going to school all day. Commercial Day Care Centers charge $5.00 per afternoon for after- school care even if the child is not there for some reason. Most Registered Family Homes charge $3.00 to $4. 00 only if the child is there. If Regis- tered Family Homes are limited to five children , most cannot afford to save a spot for after school brothers or sisters. Parents will have these choices : 1. Put pre-schoolers in a Commercial Day Care Center so their school age children will be at the same place. This means forgetting the home-type atmosphere and individual attention they would get in a Registered Family Home. 2 . Put pre-school in a Registered Family Home and school age child in a Commercial Day Care Center. This would create two different drop- offs and pick-ups. 3 . Let the school age child go home. How many will take choice number 3? If the City feels they can better regulate Registered Family Homes with five children, that "s fine. But who is going to check on the Kindergarten through 3rd. grade children that will be forced to go home? My plea is for the children. If you are not 100% sure about this vote, please investigate further. Myself and other Registered Homes were told sometime back that the Planning and Zoning people would visit some Registered Family Homes and see the children and their caregiver in their situa.tiQns , observe the neighborhoods , -127- July 27, 1982 Letter continued: "etc. , then decide on this most important matter. So far , they haven' t done this. We invite you to do this. Please remember, these are little children that will be effected most by your decision. Sincerely, /s/ Linda Zuckero 795 Parsons Beaumont , Texas 77706 866-0189 -000- Dr. Boyd Lanier , 6750 Linkwood, addressed Council in opposition to Day Care facilities in residentially zoned areas. Mr. Robert Horsey, 845 Yount , spoke in favor of allowing Day Care facil- ities in the RS areas. Mr. J. C. Leggett , 1849 Washington Boulevard, addressed Council to com- plain about high weeds and poor drainage in the City. -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 July 27 , 1982. Myrtle Corgey City Clerk -128- July 27, 1982