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Home My WebLink AboutMIN OCT 25 1983 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD OCTOBER 25, 1983 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas , met in regular session this the 25th day of October, 1983 , with the following present : HONORABLE: William E. Neild Mayor Bill Cox Councilman, Ward I Evelyn M. Lord Councilman, Ward II Joseph D. Deshotel Councilman , Ward III David W. Moore Councilman , Ward IV Karl Nollenberger City Manager Kenneth Wall City Attorney -000- The Invocation was given by the Reverend Bracy Hill, Parkdale Assembly of God Church. 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 October 18, 1983 ; Resolution 83-383 appointing Theresa Wallace to the Parks & Recreation Advisory Commission , term to expire June 30, 1985 and reappointing Mrs. John T. Gray to the Historical Landmark Commission , term to expire Octo- ber 30, 1985 and Bettye Smith to the Senior Citizens Advisory Commission, term to expire September 30, 1985; Resolution 83-384 rescheduling the public hearing on Transit System fares to 1 : 15 p.m. , December 6, 1983 , in the City Council Chambers of City Hall ; Resolution 83-385 rescheduling a public hearing on a Transit Operating Assistance grant application to 1 : 15 p.m. , December 6 , 1983, in the City Council Chambers of City Hall ; Resolution 83-386 accepting street improvements for Willow Bend Court from the west right-of-way line of Willow Bend Drive west approximately 210 feet to and including the cul-de-sac in Willow Creek Country Club Estates; and Resolution 83-387 approving the pledge of securities as collateral for bank deposits ($7, 000,000. 00 by First City National Bank of Beaumont and $500,000. 00 by Jefferson Savings & Loan Association) . The Consent Agenda was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- Ordinance No. 83-135 changing the zoning from RS (Residential Single Family) to RM-H (-Residential Multiple Dwelling-High Density) for property at 150 Junker Road was considered: ORDINANCE NO. 83-135 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 DWEL- LING - HIGH DENSITY) DISTRICT ON PROPERTY LOCATED AT 150 JUNKER ROAD; PROVIDING FOR SEVERABILITY; PROVID- ING FOR REPEAL AND PROVIDING A PENALTY. -171- October 25, 1983 The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Lord. Question : Ayes : All Nayes : None -000- An ordinance changing the zoning from RS (Residential Single Family) to GC-MD (General Commercial-Multiple Dwelling) for property at 3250-3256 Washington Boulevard 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 RS (RESIDENTIAL SINGLE FAMILY) DISTRICT TO GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING) DISTRICT ON PROPERTY LOCATED AT 3250-3256 WASHINGTON BOULEVARD ; PROVIDING FOR SEVERA- BILITY; PROVIDING FOR REPEAL AND PROVIDING FOR A PENALTY. Mr. Jesse Torres, Assistant Planning Director, told Council that this 12 acre tract, currently zoned RS , is the site of Mr. Gerald Hatton ' s Machine Shop. The application was made to correct the zoning violation which wxists by the operation of the shop. The Planning staff recommended denial of the request based upon previous Council action on Washington Boulevard for maintaining the 150-foot distance on the north side of Washington as a GC-MD district . The Planning Commission by a vote of 4-3 recommended ap- proval of the zone change for this particular property. It was stated that a zone change along is not sufficient for the business to operate. A spe- cific use permit must be granted in addition to the zone change. In answer to questions, Mr. Torres said the applicant had stated at the public hearing he had been at this location since 1973 and that the previous use that was there had been similar to his use in that it was a machine shop. It was stated that Mr. Hatton has made one addition to that property and had received a permit to do so. It was further stated that at the public hearing one of the property owners testified that since he had resided in Frances Puce, he had seen the previous business close down for at least a year. Mr. Torres said it has not been determined completely whether the previous use had stopped long enough to allow Mr. Hatton to reinstate that use legally under the previous zoning ordinance. A motion to defer action for this ordinance for one week until additional information can be obtained concerning establishment of this business at this location was made by Councilman Lord; motion was seconded by Council- man Moore. Question : Ayes: All Nayes : None -000- Ordinance No. 83-136 changing the zoning from R-3 (Modified Two Family and Multiple Dwelling) to RS (Residential Single Family) and RCR (Residential Conservation and Revitalization) for an area described as the Pine Street/ Magnolia Rezoning Study, Section IV, was considered : ORDINANCE NO. 83-136 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 RS (RESIDENTIAL SINGLE FAMILY) DISTRICT AND RCR (RESIDENTIAL CONSER- VATION AND REVITALIZATION) DISTRICT FOR AN AREA DES- CRIBED AS THE PINE STREET/MAGNOLIA REZONING STUDY, SECTION IV; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. -172- October 25, 1983 The ordinance was approved on a motion made by Councilman Lord and se- conded by Councilman Cox. Question: Ayes : All Nayes : None -000- An ordinance granting a specific use permit to establish a child day care center in an R-3 (Modified Two Family and Multiple Dwelling) district at 2430 McFaddin was considered: AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A CHILD DAY CARE CENTER IN AN R-3 (MODIFIED TWO FAMILY AND MULTIPLE DWELLING) DISTRICT LOCATED AT 2430 MCFADDIN. Mr. Torres told Council that the Planning staff recommended approval of the request based upon the applicant Jane Bergin' s compliance with the 8 conditions necessary for the issuance of the permit . The Planning Com- mission recommended approval of the request by a vote of 6 to 1. City Council expressed concern for the 24-hour operation of the child care facility and the safety of the children kept overnight . Mayor Neild made a motion to deny the permit ; motion was seconded by Councilman Deshotel. Question : Ayes: Mayor Neild Nayes : Councilman Councilman Deshotel Cox Councilmen Lord and Moore did not vote nor abstain. After further discussion, Mayor Neild withdrew his motion for denial ; Coun- cilman Deshotel withdrew his second. Concerns for the overnight facility and the safety of the children as well as the nighttime coming and going of the children to the facility were voiced. Fire safety inspections and State inspections of the facility were of great concern to the Council. Councilman Lord made a motion to defer action for one week for the issu- ance of the specific use permit ; motion was seconded by Councilman Cox. Questions to be answered before reconsideration by City Council were : 1. Is there an on-going inspection? 2 . Are there other nightcare facilities in the City and, if so, have they been checked out and inspected? 3. What is the proportionate number of employees on hand for the number of children that they would be servicing, especially overnight? 4. What square footage is involved? and 5. What happened with the day care for the elderly permit previously approved? Question : Ayes : All Nayes : None -000- Ordinance No. 83-137 granting a specific use permit for professional of- fices in an RM-H (Residential Multiple Dwelling - High Density) district in the 6800 Block of Phelan Boulevard at Matthews was considered: ORDINANCE NO. 83-137 ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT FOR PROFESSIONAL OFFICES IN AN RM-H (RESIDENTIAL MULTIPLE DWELLING - HIGH DENSITY) DISTRICT LOCATED IN THE 6800 BLOCK OF PHELAN BOULEVARD AT MATTHEWS. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Lord. Question : Ayes : All Nayes : None -000- -173- October 25, 1983 Ordinance No. 83-138 granting a specific use permit for the sale of alcoholic beverages on premises in a GC-MD (General Commercial-Multiple Dwelling) district at 1195 Georgia at Port Arthur Road was considered: ORDINANCE NO. 83-138 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES IN A GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING) DISTRICT LOCATED AT 1195 GEORGIA. Mr. Torres said the application was made by Mr. Howard Robinson for the sale of alcoholic beverages at this establishment which was previously partially a restaurant and partially had the sale of ' beer and soft drinks. The Planning Staff recommended approval of the request based upon the application ' s compliance with the 8 conditions of the specific use permit and based upon the surrounding zoning of the property being GC-MD and its having at least part of its frontage on the Port Arthur Road. The Planning Commission recommended denial of the request by a vote of 4 to 2 . There were 24 notices mailed to surrounding property owners within 200 feet of the application. There were a total of 16 property owners which voiced opposition to the issuance of the permit and this constitutes 29% of the area within 200 feet of the request . Councilman Deshotel made a motion to approve the ordinance, adding the conditions that the entrances on Georgia Street must be eliminated and that an 8-foot privacy fence be installed on the Georgia Street side and the rear of the building; motion was seconded by Councilman Moore. Question : Ayes : Mayor Neild Nayes : Councilman Lord Councilman Cox Councilman Deshotel Councilman Moore -000- Ordinance No. 83-139 granting an HC (Historical-Cultural) district overlay zoning on property at 892 North Street (requested by E. F. Smith) was considered: ORDINANCE NO. 83-139 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 892 NORTH STREET, BEAU- MONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERA- BILITY; 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. 83-140 granting an HC (Historical-Cultural) district overlay zoning on property at 2108 Harrison (requested by Dr. Herschel Hopson) was considered: ORDINANCE NO. 83-140 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 2108 HARRISON, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. -174- October 25, 1983 The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Lord. Question : Ayes : All Nayes : None -000- Ordinance No. 83-141 granting an HC (Historical-Cultural) district overlay zoning on property at 619 Irma (requested by Mr. and Mrs. L. J. Seymour) was considered: ORDINANCE NO. 83-141 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 619 IRMA, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Cox and se- conded by Councilman Moore. Question : Ayes : All Nayes: None -000- Ordinance No. 83-142 granting an HC (Historical-Cultural) district overlay zoning on property at 1052 McFaddin (requested by Glen Byrd) was considered: ORDINANCE NO. 83-142 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 LCOATED AT 1052 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 Lord and seconded by Councilman Deshotel. Question : Ayes : All Nayes : None -000- Resolution 83-388 authorizing the City Manager to amend the engineering agreement with Schaumburg and Polk for services on the Phase III , Step III , EPA Construction Grant for Sanitary Sewer Improvements in an amount not to exceed $987,922 . 00 was approved on a motion made by Councilman Lord and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- Ordinance No. 83-143 amending Section 20-10(.h) of the Code of Ordinances relating to the sale, possession and consumption of alcoholic beverages on Henry Homberg Golf Course was considered: ORDINANCE NO. 83-143 ENTITLED AN ORDINANCE ALLOWING THE SALE OF ALCOHOLIC BEVERAGES AT THE HENRY HOMBERG GOLF COURSE AND THE CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES IN TYRRELL PARK; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PRO- VIDING A PENALTY. Councilman Lord made a motion to approve the ordinance with the limitation of sale, possession and consumption of beer only; motion was seconded by Councilman Cox. -175- October 25, 1983 Resolution 83-389 authorizing purchase of 16 police patrol vehicles and 5 sedans for the Police Department and 1 sedan for the Fire Department from Beaumont Motor Company in the amount of $237,500. 00 was approved on a mo- tion made by Councilman Lord and seconded by Councilman Cox. Question : Ayes: All Nayes : None -000- Resolution 83-390 casting the City' s 645 votes for G. Wayne Turner for the Board of Directors, Jefferson County Appraisal District was approved on a motion made by Councilman Deshotel and seconded by Councilman Lord. Question : Ayes : All Nayes: None -000- Resolution 83-391 authorizing a one-year maintenance contract for computer/ data processing equipment with Helena Laboratories in the amount of $29, 300.40 was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question : Ayes: All Nayes: None -000- Ordinance No. 83-144 amending Chapter 30 of the City Code relating to fees established by the Zoning Ordinance was considered: ORDINANCE NO. 83-144 ENTITLED AND ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY CHANGING VARIOUS FEES AND ADOPTING A FEE FOR ABAN- DONMENT REQUESTS; PROVIDING FOR SEVERABILITY; PRO- VIDING FOR REPEAL AND PROVIDING A PENALTY. and Ordinance No. 83-145 amending Chapter 24 of the City Code relating to fees set by the ordinance establishing subdivision regulations was consid- ered: ORDINANCE NO. 83-145 ENTITLED AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND THE APPLICATION FEE FOR PRELIMINARY AND FINAL PLATS; PROVIDING FOR SEVERABILITY; PROVID- ING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 83-144 and Ordinance No. 83-145 were approved on a motion made by Councilman Lord and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- Resolution 83-392 authorizing final payment to Greer Construction Company, contractor, for Water Utilities Canal Improvements Contract No. 4 in the amount of $13, 065. 67 (total project cost - $126,156. 65) was approved on a motion made by Councilman Moore and seconded by Councilman Deshotel. Question : Ayes: All Nayes : None -000- Mr. W. M. Gould, 7050 Donna, Woodland Acres, addressed Council to again request that he be allowed to burn leaves rather than comply with the bagging regulations. Mr. I . D. Buckley, 1220 Georgia, addressed Council to question action taken for the specific use permit for 1195 Georgia. Mr. Robert Preston , 1190 Iowa, complained about charges imposed by a wrecker/towing company. -000- There being no further business, the meeting was adjourned. -176- October 25, 1983 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 October 25, 1983. Rosemarie Chiappetta Deputy City Clerk -177- October 25, 1983