Loading...
HomeMy WebLinkAboutMIN SEP 20 1983 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD SEPTEMBER 20, 1983 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas, met in regular session this the 20th day of September, 1983 , with the following 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 Karl Nollenberger City Manager Hugh Earnest Asst . City Manager Lane Nichols Asst . City Attorney -000- The Invocation was given by the Reverend Lonnie Treadway, pastor of New Life Tabernacle. The Pledge of Allegiance was led by Councilman Deshotel . -000- The following proclamations were issued: "Confederate Air Force Days in Beaumont" - September 24 & 25, 1983 ; "Emergency Medicine Week in Beaumont" September 18-24, 1983 ; "Weight Watchers International Week in Beaumont" September .25 - October 1 , 1983 and "Respiratory Therapy Week in Beaumont" September 25 - October 1, 1983 . -000- Items of the Consent Agenda were considered for approval : Approval of the Minutes of the regular City Council session held September 13 , 1983 ; Resolution 83-321 accepting as complete the tennis court fence on Klein Park and authorizing payment of $3, 567. 00 to Hurricane Fence Company, contractor; Resolution 83-322 accepting as complete the demolition of a structure at 1180 Sherman and authorizing final payment of $700.00 to Ace Clark Con- struction Company, the contractor ; Resolution 83-323 authorizing an exchange of $200, 000. 00 in securities pledged as collateral by Texas Commerce Bank, Beaumont (total pledged as collateral - $24 , 875, 000. 00) ; Resolution 83-324 awarding contracts for the demolition and removal of the structure located at 2245 Hebert to Ace Clark Construction Company in the amount of $800. 00 and with Trax Enterprises for the structures located at 1490 Avenue A in the amount of $999. 00, 1010 Finis in the amount of $1 , 199. 00, 2065-2067 Leiper at $1,099. 00 and 1290 S. Major Drive in the amount of $1 ,499. 00; Resolution 83-325 granting a license to United Texas Transmission Company for an 18" natural gas pipeline crossing 13 City Streets (Calder, McLean, Broun, Shepherd, Greeves, Stedman, Clemmons, Smelker, Landis, Avalon, Glen- dale, Amelia and Montrose) to replace an existing line between the Water Utilities Service Center and the intersection of Keith Road and Dishman Road for a fee of $970. 00 based on $1 . 00 per foot within the right-of-way lines; and -141 September 20, 1983 Resolution 83-326 authorizing purchase of a wheel balancer for the Fleet Service Center on Lafin Drive from Snap On Tools in the amount of $1 ,837.50. The Consent Agenda was approved on a motion made by Councilman Cox and seconded by Councilman Turner. Question: Ayes : All Nayes : None -000- Ordinance No . 83-97 changing the zoning from R-3 (Modified Two-Family and Multiple Dwelling) to RM-H (Residential Multiple Dwelling - High Density) and RS (Residential Single Family) for an area described as the Pine Street/ Magnolia Rezoning Study, Section III was considered : ORDINANCE NO. 83-97 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 RM-H (RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY) DISTRICT AND RS (RESIDENTIAL SINGLE FAMILY) DISTRICT FOR AN AREA DESCRIBED AS THE PINE STREET/MAGNOLIA REZONING STUDY, SECTION III ; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Turner and seconded by Councilman Cox. Question: Ayes : All Nayes : None -000- Ordinance No . 83-98 changing the zoning from HI (Heavy Industrial) to GC-MD (;General Commercial - Multiple Dwelling) on property located approx- imately 665 feet west of the I-10 north access road and north of the 3500-3600 Blocks of West Cedar (applicant Morris Anderson requested the down-zoning in order to obtain the same zoning as the property located to the east of this request - the Red Carpet Inn site - to combine the two properties for development of a retail shopping complex and motel ) was considered: ORDINANCE NO. 83-98 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 HI (HEAVY INDUSTRIAL) TO GC-MD (GENERAL COMMERCIAL MULTIPLE DWELLING) DISTRICT FOR PROPERTY LOCATED APPROXIMATELY 665 FEET WEST OF THE I-10 NORTH ACCESS ROAD AND NORTH OF THE 3500-3600 BLOCKS OF WEST CEDAR; 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 Turner. Question : Ayes : All Nayes : None -000- Ordinance No . 83-99 changing the zoning from RM-H (Residential Multiple Dwelling - High Density) to NSC (Neighborhood Shopping Center) and Ordi- nance No . 83-100 granting a specific use permit on property located at the southwest corner of Dowlen Road (extension) and Calder (requested by Jim Watts, representing Whataburger , for construction of a shopping center and a free-standing, drive- in restaurant ) were considered: -142- September 20, 1983 ORDINANCE NO. 83-99 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 DWELLING - HIGH DENSITY) DISTRICT TO NSC (NEIGHBORHOOD SHOPPING CENTER) DISTRICT FOR AN AREA LOCATED AT THE SOUTHWEST CORNER OF DOWLEN ROAD (EX- TENSION) AND CALDER; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. and ORDINANCE NO. 83-100 ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT FOR A RESTAURANT AND SHOPPING CENTER ON PROPERTY LOCATED AT THE SOUTHWEST CORNER OF DOWLEN ROAD (EXTENSION) AND CALDER. Ordinance No. 83-99 was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question: Ayes : All Nayes : None Ordinance No . 83-100 was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question : Ayes : All Nayes : None -000- Ordinance No. 83-101 granting an Historical-Cultural Overlay District designation on property at 1895 McFaddin - the J. W. Garth home built in 1913 (request made by Frank Inzer in order to make his property eligi- ble for an Historic preservation grant under the CDBG program) was con- sidered : ORDINANCE NO. 83-101 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 (HISTORICAL-CULTURAL) OVERLAY ZONE FOR PROPERTY LOCATED AT 1895 MCFADDIN, BEAUMONT, JEFFERSON COUNTY, TEXAS; 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 Cox. Question : Ayes : All Nayes : None -000- Ordinance No. 83-102 granting an Historical-Cultural Overlay District des- ignation on property at 2975 French Road (request made by the Beaumont Heritage Society for a vacant structure located adjacent to the John J. French Trading Post Museum as part of an expansion program) was considered: ORDINANCE NO. 83-102 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 (HISTORICAL-CULTURAL) OVERLAY ZONE FOR PROPERTY LOCATED AT 2975 FRENCH ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. , -143- September 20, 1983 Ordinance No. 83-103 granting an Historical-Cultural Overlay District designation for property at 1208 Gilbert Street (request made by the Beaumont Heritage Society for rehabilitation of the structure which is an excellent example of Victorian architecture built in the period from 1874 to 1900 as a demonstration project to show the correct way to rehabilitate an historical structure) was considered: ORDINANCE NO. 83-103 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 (HISTORICAL-CULTURAL) OVERLAY ZONE FOR PROPERTY LOCATED AT 1208 GILBERT STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; 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 Cox. Question : Ayes : All Nayes : None -000- An ordinance granting a specific use permit to sell alcoholic beverages in a GC-MD (General Commercial - Multiple Dwelling) district at 5550 Eastex Freeway (requested by Keith Lawyer) was considered: AN ORDINANCE ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT TO SELL ALCOHOLIC BEVERAGES IN A GC-MD DISTRICT LOCATED AT 5550 EASTEX FREEWAY. Mr. Jesse Torres, Assistant Planning Director , told Council that the Planning staff recommended denial of the request and the Planning Com- mission voted 6 to 0 to recommend denial on the basis of incompatability with adjacent residential areas. In addition , he said of the 14 notices mailed to property owners within 200 feet of the request , 10 signed the notification response form in opposition to the permit which constitutes 59% in opposition and invokes the favorable vote of three-fourths of all the members of City Council for approval . Councilman Turner made a motion for approval of the specific use permit contingent upon the applicant providing an 8-foot privacy fence and the closing of the driveway to the rear of the property; additional parking spaces be provided and no sign at all be allowed on top of the building. Councilman Deshotel seconded the motion. Question : Ayes: Councilman Deshotel Councilman Turner Nayes : Mayor Neild Councilman Cox The ordinance failed to pass . -000- Ordinance No . 83-104 granting a specific use permit to sell alcoholic beverages in a GC-MD (General Commercial - Multiple Dwelling) district at 5905-E Phelan (request made by Damon Kellams to establish and operate a lounge) was considered : -144 September 20, 1983 ORDINANCE NO. 83-104 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO SELL ALCOHOLIC BEVERAGES IN A GC-MD DISTRICT AT 5905-E PHELAN BOULEVARD. Mr . Torres told Council the Planning staff recommended approval of the permit conditioned on the elimination of the Calder Avenue curb opening. The Planning Commission voted 5 to 0 with one abstention to recommend denial of the request because of incompatability with adjacent residen- tial development and the concentration of lounges in the area. In addi- tion, of the 23 notices mailed to owners of property within 200 feet of the request , 12 were received in opposition to the request , constituting 21% of the property owners which invokes the three-fourths of all the members of the City Council voting in favor for the permit to be approved. Councilman Turner made a motion to approve the permit with the condition that the curb cut be eliminated from the Calder side of the property; motion was seconded by Councilman Deshotel . Question: Ayes : All Nayes : None -000- Ordinance No. 83-105 granting a specific use permit to build a duplex in an RS (.Residential Single Family) district at 8280 Voth. Road (request made by David Emerson) was considered: ORDINANCE NO. 83-105 ENTITLED AN ORDINANCE TO ISSUE A SPECIFIC USE PERMIT FOR A DUPLEX IN AN RS (RESIDENTIAL SINGLE FAMILY) DISTRICT LOCATED AT 8280 VOTH ROAD. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question: Ayes: All Nayes : None -000- An ordinance granting a specific use permit to operate a restaurant and sell alcoholic beverages on premises at 6725 Eastex Freeway was considered: (request made by John. Lagios to operate a discotheque/restaurant to be named "Rumors" - this establishment was previoulsy known as Caligula XXII) AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO SELL ALCOHOLIC BEVERAGES ON PROPERTY LOCATED AT 6725 EASTEX FREEWAY. Councilman Deshotel made a motion to approve the permit and directed that the Site Plan be amended to provide that the sign would read "Rumors" to become a limiting factor of the Specific Use Permit (the lounge/restaurant could not be renamed Caligula XXII) . The motion failed for lack of a second. Councilman Turner made a motion to deny the permit because of problems in the past ; motion was seconded by Councilman Cox. Question : Ayes : All Nayes: None -000- Ordinance No. 83-106 granting a specific use permit to operate a child day care center in a RM-H (Residential Multiple Dwelling - High Density) dis- trict at 4160 Pradice (requested by Mrs. Gladys Gamblin) was considered : -145- September 20, 1983 ORDINANCE NO. 83-106 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A CHILD DAY CARE CENTER IN AN RM-H (RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY) DISTRICT ON PROPERTY LOCATED AT 4160 PRADICE. Mr. Torres told City Council that the Planning Staff recommended approval of the request because all eight conditions of a specific use permit had been met . In consideration of the request , the Planning Commission voted 6 to 0 to recommend approval of the permit provided the child care center is limited to caring for a maximum of 12 children with no more than 4 employees. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question: Ayes : All Nayes : None -000- Resolution 83-327 scheduling a public hearing on proposed increased transit fares to be held at 1 : 15 p.m. , October 25, 1983, was approved on a motion made by Councilman Cox and seconded by Councilman Deshotel . Question: Ayes: All Nayes : None -000- Ordinance No. 83-107 abandoning a 1-foot portion of Park Street right-of- way from Crockett to Bowie along the west side (.request made by The Sted- man Company - Stedman building encroaches several inches into the street right-of-way and must have clear title before it can be sold for redevelop- ment - all City departments and public utility companies have indicated support for the abandonment ) was considered: ORDINANCE NO. 83-107 ENTITLED AN ORDINANCE VACATING AND ABANDONING A ONE-FOOT PORTION OF PARK STREET RIGHT-OF-WAY FROM. CROCKETT TO BOWIE ALONG THE WEST SIDE. The ordinance was approved on a motion made by Councilman Cox and secon- ded by Councilman Turner. Question : Ayes: All Nayes : None -000- Resolution 83-328 accepting the Sarah Street TIP Project as complete and authorizing final payment of $51, 020. 67 to the Contractor, John Bankston Construction and Equipment Rental Company (final cost of the contract - $1 , 137, 601 . 41/1 . 3% below the original contract amount) was approved on a motion made by Deshotel and seconded by Councilman Turner. Question : Ayes: All Nayes : None -000- Resolution 83-329 awarding a contract to C & P Equipment Company, Inc. in the amount of $1 ,463, 914. 35 for Project 16 (Separation Sewers - South, construction of approximately 21 , 205 feet of 6-inch through 15-inch gravity sanitary sewage storm sewer lines) of the Sanitary Sewer System Improve- ment Program, subject to the approval of the Texas Department of Water Re- sources and the Environmental Protection Agency (EPA 75% reimbursable grant basis/federal share of $1 , 115, 990. 76 and City share of $343, 723. 59) was approved on a motion made by Councilman Cox and seconded by Councilman Turner. Question : Ayes : All Nayes : None -000- -146- September 20, 1983 Resolution 83-330 authorizing the City Manager to execute a contract with White, Budd, Van Ness to provide architectural services for renovation of the Tyrrell Park Recreation Building at a fee not to exceed 9.7576 of con- struction costs (UPARR grant ) was approved on a motion made by Councilman Cox and seconded by Councilman Deshotel. Question : Ayes : All Naves : None -000- Resolution 83-331 authorizing purchase of 5 side loading cab/chassis from Tidelands International at $272,295. 00 and 5 packer bodies from Able Body Company, Inc. at $377, 975. 00 for residential garbage collection was ap- proved on a motion made by Councilman Cox and seconded by Councilman Turner. Question : Ayes: All Naves: None -000- Mayor Neild questioned the status of the special trash pickup program. City Manager Nollenberger responded that the program is still on schedule and should be completed by the end of September. -000- Mr. J. C. Leggett , 1849 Washington Boulevard, addressed Council to com- plain about the trash pickup in the south end of Beaumont . Mr. Charles McCullough, 6760 Westgate, addressed Council to submit a petition containing approximately 128 signatures requesting a 4-way stop sign ' at ' the intersection of Westgate and Norwood, siting several accidents involving injuries for the neighborhood' s concern for safety. Mr. William Jenkins, representing AFSCME, Local 385, addressed Council to "officially protest the casual dismissal of our proposals this year" and requested a meeting between City Council and Mrs. Patterson, the local , union representative. Mrs. Dorothy Husband, 4520 Ridgewood, addressed Council to complain that raw sewage backs into the ditch behind her house and requested the City' s help in solving the problem. Mrs. Sharon Chambers, 2495 Pecos, addressed Council to protest the sale of the Orgain property to MH-MR for use as a halfway house in her area. -000- There being no further business, the meeting was recessed before continu- ing with the City Council Workshop Session. -000- I , Rosemarie Chiappetta, Deputy 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 September 20, 1983. Rosemarie Chiappetta Deputy City Clerk -147- September 20, 1983