Loading...
HomeMy WebLinkAboutJUN 18 1974 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JUNE 18, 1974 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in. regular session this the 18th day of June, 1974, with the following present: HONORABLE: Ken Ritter Mayor Don Cash Councilman, Ward I Vi McGinnis Councilwoman, Ward II Calvin Williams Councilman, Ward III Leroy Evans Councilman, Ward IV APPOINTED OFFICIALS: Kenneth Wall City Attorney Myrtle Corgey City Clerk Dean Ransom Finance officer -000- Mr. Dean Ransom, Finance officer, substituted for the City Manager and the Assistant City Manager who were attending a City Manager ' s Conference. -000- The Invocation was given by Reverend Frances A Dynan, Blessed Sacrament Catho- lic Church. The Pledge of Allegiance was led by Councilman Don Cash. -000- The Minutes of the regular City Council session held .June 11, 1974 , were ap- proved on a motion made by Councilman Cash and seconded by Councilwoman McGin- nis. Question: Ayes: All Nayes : None -000- A resolution authorizing the award of informal bid to Automatic Signal Company for repair equipment for existing automatic signal controllers in the amount cf $1, 723. 00 was approved on a motion made by Councilman Cash and seconded by Councilwoman McGinnia. Question: Ayes : All Nayes : None -000- A resolution authorizing award of informal bid to Automatic Signal Company fo-- frame and power supply for automatic signal controllers in the amount of -$1, 983. 00 was approved on a motion made by Councilman Evans and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes : None -000- A resolution authorizing award of bid for construction of two concrete ter"lls courts at Sprott Park to Cajun Concrete Company in the amount of $14 ,456 s the lowest and best bid received was approved on a motion made by Councilman Cash and seconded by Councilwoman McGinnis. Question: Ayes : All Nayes : None -000- A resolution authorizing the advertising for bids on electrical equipment and supplies for the Athletic Complex was approved on a motion made by Councilman Evans and seconded by Councilman Cash. Question: Ayes : All Nayes : None June 18 , 1974 (The following is verbatim. ) Mr. Dean Ransom: "We have an ordinance for your consideration concerning Plan- ning and Zoning Commission File 502-Z, for changing the zoning from "R-2" to "R-311 . We have that prepared. . . " Myrtle Corgey: "ENTITLED AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS AS INDICATED UPON THE ZONING MAP OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, BY CHANGING THE CLASSIFICATION OF LOTS 22, 23 , AND 24 OF BLOCK 7 AND THAT PART OF LOT 13, BLOCK 6, LYING WEST OF IH-10 FREEWAY AND ALSO THAT PORTION OF 17TH STREET ABANDONED LYING BETWEEN LOT 24 , BLOCK 7 AND LOT 13 , BLOCK 6, CONSISTING OF .51 ACRES OUT OF THE JARRETT ADDITION, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, PRESENTLY ZONED "R-2" to "R--3" ; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. " Mayor Ken Ritter: "Does the Planning Department want to make a presentation on this?" Ken Wellborn, Planning Director: "Yes, a brief one. The subject property is marked in red outline on this map right here. It actually lies on the corner of Interstate 10 and McFaddin Street. It is across the street -- across McFad- din from the Beaumont Savings & Loan Building and immediately south of a new Dental Clinic which has just gone up. It fronts for about 140 ' on Interstate 10 Access Road. The Planning Commission recommended in a split 5 to 4 vote that the request be denied. It is, I think we said, a request from "R-2" to "R-3" . The Staff recommendation is one of approval. There was a petition filed in this case containing 255 signatures. It is significant, I think, that none of those signatures were persons owning property within 200 ' of the sub- ject tract. If you have any questions, I 'll be glad to answer them. " Mayor Ritter: "Any questions? Then, if not, you've heard the explanation from the Planning Department and the reading of the caption of the ordinance. What ' s your pleasure?" Councilman Cash: "I 'd like to move that this Zoning Ordinance be adopted. I know that there' s been a lot of consideration on the part of the Council and that the property owner is willing to make concessions that objections have been made to. I do have some question about the way it was handled. I still am in favor of granting this request. " Mayor Ritter: "The motion is made to grant the change and passage of the or,5A­ nance. Is there a second? Then, if not, that motion fails for lack of a se- cond. Mr. Attorney, do we need a motion then to deny -- it obviously doesn't pass. " Kenneth Wall, City Attorney: "I don't think so, Mayor. I think you can go on to the next item. " Mayor Ritter: "All right. " Councilman Williams : "I 'd like the record to show that I am in complete agree- ment with the Staff recommendation with respect to this request and the reason that I did not second the motion and would not have voted in favor was because of the shoddy method it came before the Council in this instance - and, that' s my adjective. And, I think, however, that the Council really needs to give soire serious consideration to this request because it will come up again and again. As the Staff has indicated, the pattern there clearly indicates this type of growth based on the businesses that are there - the frontage on the frontage road - the location to Interstate 10. I think that the Staff is completely right in its approval of this request. But, again, the record should show why my not seconding the motion or why I would have voted against it is because of the method it came to the Council in this instance. I feel that had it been -2- June 18 , 1974 withdrawn by the person who brought the request as opposed to being tabled by the Council itself, then it should have come through the proper channels -- by that, the Planning & Zoning Commission, and then another hearing rather than the method that it was done and, so, for that reason, I would not have voted for it and also would not have voted for it and also would not have seconded Councilman Cash' s request. " I Councilwoman McGinnis: "I certainly concur with Councilman Williams, too, be- ,7ause I thought the procedure was entirely wrong. I have served on the Plan- ning & Zoning Commission during the time that vote was cast and I hesitated to take any part in this action; but, you must recognize the fact that that was almost eight months ago that original request came up and I don't think it fair to tne citizens as a whole for something to sit around for eight months and no action be taken with the idea that it was withdrawn. Whether that was legal or not isn't as important to me as the fact that it was thought to be a with- drawn request. The citizens were operating under that idea as well as the Plan- ning & Zoning Commission members or at least myself. I can speak for myself on. that so, I do dislike this procedure and the way it was handled. Mayor Ritter: "in all fairness, particularly to the Council and the Staff that was involved, I think it should be noted here for the record -- I think it was a misunderstanding. The . . . apparently, the members of the Staff felt like it . © , the request from the applicant was that it be tabled or taken . . not neces- sarily tabled, in effect, but removed from that particular Agenda to be acted on later. So, there was a misunderstanding on the part of the Council members as to what the real disposition of the request was so I think in fairness to the Staff, I think it was an honest misunderstanding between them and the peo- pj_e making application and for that reason I couldn't vote for it either, even if I was for it at this particular time. I would like to inquire of the City Attorney -- there is a rule as most of you are probably aware when Planning & Zoning . . . a request can come up again within a year. The history of this request has been, and it has been ever since I 've been on the Council, it has been coming up every year. And, I share some of the concern of Councilman Williams and I wish that disposition could be made of this request but it' s obviously going to be coming back. And'. what my question is now, will it be back within the year from the time it was originally filed or will we be look- incj at it again. . . " Kenneth Wall : "Mayor, it can be brought back before the Planning & Zoning Commission within one year from the time they first considered the matter which as I understand was October or November of last year. " ' Mayor Ritter: "That means we' ll be looking at it again. . .in October or Novem- ber. . . " Kenneth Wall: "It can be . . . it can be brought before the Commission sooner if the Council directs that the Commission consider it sooner. " Mayor Ritter: "So it is a short term relief. The people opposing it, I think, they were aware of that and so I don't really know what can be accomplished. . . Councilman Cash: "Mayor, I would like to say I appreciate the Council ' s ex- pressing themselves. " Councilman Evans: "I 'd like to make one request maybe of Planning & Zoning. I think we should have some sort of limitation that if an applicant withdraws a request for a change, if he does it -- if this group does it -- I think then he has a certain length of time to get back on or he would have to go back in because I think this was more than a misunderstanding. I think that we really need better recrods on who made the request and this sort of thing. I hope. . . it happened and thepaper and the news media carried it and like everyone else, well, I thought whoever had put it in had changed their mind. We 've had this happen quite a number of times and I 'd like to see this wrote up as some kind of stipulation that says that they have "x" number of days if they withdraw it. Now, if it ' s something that we are at fault, then I think we shouldn 't hold them responsible for our mistakes. But, anytime they withdraw it, then I think there should be a certain time limit. I wish you would look at if, if you would. " -3- June 18 , 1974 Mayor Ritter: "Ready for the next one. . . " If you would express this to the Manager -- the part that has to do with the Planning and part Legal so those departments . . . . the deep concern of the Council in this area. " Councilwoman McGinnis : "The Planning & Zoning Commission members probably ought to be consulted too on some of the procedures because as I have pc-,.,--,ted out in our Work Session, there is no way for the Planning Commission member-E; to know the disposition of the cases except by hearing about them or reading about them and I think that is probably where this thing . . . this error ori- ginated. Mayor Ritter: "Kenneth, will you try to handle that - Planning Departmen-t- to the members of the Zoning Commission. " Kenneth Wellborn: "Right, I certainly will, Mayor. " Mayor Rdtter : "Thank you. " (End of verbatim. ) -000- A motion to reject bids on the drafting and testing pit for the Fire TrainI rg (CIP Project No. 11-B-03) was made by Councilman Williams and seconded by Councilwoman McGinnis. Question: Ayes : All Nayes : None -000- (Verbatim) Mr. Ransom: "Mr. Mayor, we would like to take no action on No. 8 (consider a resolution authorizing the City Manager to execute an agreement assigning the remainder of the CIP Project B (11-ST-11) to Drainage District No. 6) at this time, if that' s all right. I have been asked to pull that from the Agenda. If that is satisfactory, No. 9. . . . " (End of verbatim. ) -000- A resolution authorizing the City Manager to execute Change Order No. 1 on the Water Utility Service Center (CIP 11-WU-01) was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question: Ayes : All Nayes : None -000- A resolution authorizing execution of an agreement with Southern Pacific Com- pany for crossing spur tracks in the vicinity of the old Mariposa Viaduct was approved on a motion made by Councilman Evans and seconded by Councilman Cash. Question: Ayes : All Nayes : None -000- A resolution agreeing to pay the actual cost not to exceed $8, 000 for recon- struction of railroad crossings on 4th Street north of College and on College west of 4th Street (Project 11-ST-02) was approved on a motion made by Coun- cilman Cash and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes : None -000- A resolution authorizing payment of $1400 to American Real Estate Corporation for appraisal of proposed site for a new transit maintenance facility was ap- proved on a motion made by Councilman Williams and seconded by Councilman Evans. Question: Ayes : All Nayes : None -4- June 18, 1974 A resolution authorizing the City Manager to file an application for a Master Plan and Capital Improvements Grant to FAA for improvements to the Municipal Airport was approved on a motion made by Councilwoman McGinnis and seconded hy Councilman Williams. Question: Ayes: All Nayes : None -000- A resolution authorizing release of a tax judgment against Divernon McFaddir. Kibodeaux, et al, in the amount of $200. 00 was approved on a motion made by Councilman Williams and seconded by Councilman Evans. Question: Ayes : All Nayes: None -000°- A resolution authorizing and directing the filing of Proceedings in Eminent Domain against R. A. Donaldson, et al, for Phelan Boulevard (Phase II) was approved on a motion made by Councilman Cash and seconded by Coucilman Evans. Question: Ayes: All Nayes : None -000- A resolution authorizing and directing the filing of Proceedings in Eminent Domain against Anthony A. Fertitta, et al, for Phelan Boulevard (Phase II) was approved on a motion made by Councilman Cash and seconded by Councilman Evans. Question: Ayes : All Nayes : None -000- A resolution authorizing and directing the filing of Proceedings in Eminent Domain against Martha Harmon, et al, for Phelan Boulevard (Phase II) was approved on a motion made by Councilman Williams and seconded by Councilman Cash. Question: Ayes: All Nayes : None -000- (Verbatim) Mr. Ransom: "Concerning Item No. 18 (Consider a resolution or resolutions authorizing the City Manager of the City of Beaumont to execute a warranty deed or several warranty deeds, as may be required, from the City of Beaumont to the State of Texas for the improvement of Interstate Highway 10 in the City of Beaumont. ) we 've been asked not to take any action on this today. The Highway Department, through our City Attorney' s Office, has made this request and if that ' s all right, we' ll proceed on to the next item?" (End of Verbatim) -000- The first reading of a franchise ordinance (caption) granting Atchison, Toped=� and Santa Fe Railway Company the right to maintain and operate a track cros- sing J-4rou Street was held: AN ORDINANCE AN ORDINANCE GRANTING TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, ITS SUCCESSORS , ASSIGNS LESSEES, THE RIGHT AND PRIVILEGE TO MAINTAIN AND OPERATE INDUSTRY SPUR TRACK NO. 70, UPON AND ACROSS JIROU STREET WESTERLY OF BLOCK NO. 2 OF McFADDINIS FIRST ADDITION TO THE CITY OF BEAUMONT IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, IN ACCORD WITH EXHIBIT ATTACHED HERETO; PROVIDING THAT SAID TRACK SHALL BE USED ONLY FOR THE PURPOSE OF LOADING, UNLOADING AND SWITCHING TO INDUSTRIAL TRACK SERVING -5- June 18 , 1974 COMMERCIAL ENTERPRISES; PROVIDING REGULATIONS AND RESTRICTIONS FOR THE USE OF SAID TRACK; PROVIDING THAT SUCH MAINTENANCE AND OPERATION BE IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY AND THAT CERTAIN MAINTENANCE WORK SHALL BE DONE AT THE DIRECTION OF THE CITY ENGINEER; PROVIDING FOR THE ACCEPTANCE AND FEE HEREUNDER; PROVIDING THAT THIS FRANCHISE IS SUBJECT TO THE CHARTER AND ORDINANCES OF THE CITY OF BEAUMONT AND PROVIDING FOR TERMINATION FOR FAILURE TO USE THE TRACK FRANCHISED HEREUNDER; PROVIDING FOR TERMINATION OF THIS FRANCHISE ON JULY 16, 1979 AND THE RESTORATION OF SAID STREET WITHIN NINETY (90) DAYS THEREAFTER; AND PROVIDING FOR INDEMNIFICATION OF THE CITY OF BEAUMONT. The ordinance was passed to its second reading on a motion made by Councilman Evans and seconded by Councilwoman McGinnis. Question: Ayes : All Nayes : None -000- Councilman Evans asked if the 5 m.p.h. speed limit that he has heard of for trains along Railroad Avenue is for public safety or train safety? The City Attorney responded that it was probably a combination of the two. -000- Mr . Leantha J. Redd, Executive Secretary, Beaumont Branch of the NAACP, ad- dressed the Council to request consideration of an Open Housing Ordinance, fair lending practices on the part of local banks and lending institutions, and to discuss alleged police harrassment in the Black Community. -000- The City Manager reminded the Council of a special session of the City Council to be held 4 : 00 p.m. June 25, 1974, to consider Oil Well Drilling Permit by Lucas Drilling Company in the Dowlen West Addition. -000- There being no further business, the meeting was adjourned. -000- I, Myrtle Corgey, City Clerk of the City of Beaumont, certify that the above is a true copy of the minutes of the regular session held June 18, 1974 . Myrtle Corgey City Clerk -6- June 18, 1974