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Home My WebLink AboutMIN NOV 08 1977 REGULAR SESSION CITY COUNCIL - CITY OF BEAU'.'MONT HELD NOVEMBER 8 , 1977 BE IT REMEMBERED THAT the City Council of the City of Beaumont , Texas, met in regular session this the 8th day of November, 1977 , with the follow- ing present : HONORABLE : Ken Ritter Mayor Don Cash Councilman, - Ward I Vi McGinnis Councilwoman, Ward II Calvin Williams Councilman, guard III Leroy Evans Councilman, Yard IV Howard McDaniel City Manager Kenneth Wall City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Reverend J . H. Lee, Eastern Progressive Missionary Baptist Church. The Pledge of Allegiance was led by Councilman Cash. -000- Mayor Ritter issued the following proclamation : "American Education Week" - November 13-19, 1977 . -000- The Minutes of the regular City Council sessions held October 25 and Novem- ber 1 , 1977 , were approved on a motion made by Councilman Cash and seconded by Councilwoman "McGinnis. Question : Ayes : All Nayes : '.`lone -000- Resolution 77-326 authorizing the award of bid to Coburn Supply for furnish- ing 3800 feet of 4-inch SDR rubber gasket pipe for the Sewer Maintenance Division at a cost of $1 , 957. 76 was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question : Ayes : All Nayes : '_`lone -000- Resolution 77-327 authorizing the award of bid and the execution of an annual contract (November 8 , 1977 through November 7 , 1978) with Century Papers, Inc . for furnishing janitorial paper products was approved on a motion made by Councilman Cash and seconded by Councilwoman McGinnis . Question : Ayes : All '_Nayes : None -000- Resolution 77-328 authorizing the award of bid to American Fence Company for the installation of 2 , 258 linear feet of fence along Dowlen Road at a cost of $1 , 093 . 26 was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans . Question : Ayes : All Nayes : None -000- Ordinance No . 77-114 abandoning an undeveloped portion of 12th Street , located south of Hollywood Street (request by `.Zr . Joe Bob Kinsel ) was considered: -169- November 3 , 1977 ORDINANCE NO. 77-114 ENTITLED AN ORDINANCE VACATING AND ABANDONING AN UNDEVELOPED PORTION OF 12TH STREET LOCATED SOUTH OF HOLLYWOOD STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AS DES- CRIBED HEREIN. The ordinance was approved on a motion made by Councilman Evans and seconded by Councilwoman McGinnis. Question: Ayes : All Nayes : None -000- Ordinance No . 77-115 abandoning a 10 ' x 100 ' utility easement , located within Lot 37, Block 4 , Van Wormer Addition (request by Jack Baxter) was considered : ORDINANCE NO. 77-115 ENTITLED AN ORDINANCE VACATING AND ABANDONING A TEN FOOT BY ONE HUNDRED FOOT (10 ' x 100' ) UTILITY EASEMENT OUT OF LOT 37, BLOCK 4 , VAN WORMER ADDITION IN THE CITY OF BEAUMONT, JEF- FERSON COUNTY, TEXAS , AS DESCRIBED HEREIN. The ordinance was approved on a motion made by Councilman Cash and seconded by Councilman Evans. Question : Ayes : All Nayes : None -000- Ordinance No . 77-116 amending a specific use permit to add 55 dwelling units and 13 . 989 acres , described as two (2) tracts out of the Hezekiah Williams Survey, located approximately 300 ' east of Major Drive and 550 ' north of Gladys (Sam Smith and Thad Heartfield made the request ) was considered : ORDINANCE NO. 77-116 ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 76-16 FOR THE ISSUANCE OF A SPECIFIC USE PERMIT FOR CLUSTER HOUSING DEVELOP- MENT BY ADDING A 13 . 989 ACRE TRACT HEREIN DESCRIBED IN ACCORDANCE WITH A "PRELIMINARY PLAT" AND PROVIDING FOR THE FILING OF A DECLARATION COVERING THE 13 . 989 ACRE TRACT. The ordinance was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Cash. Question : Ayes : All Nayes : None -000- 03-_* finance No . 77-117 authorizing a zoning change from R-1 (Single Family D,,leliing) to R-2'1 (Medium Density Multiple Dwelling) district of three (3) its totaling approximately 22 . 0 acres, described generally as parts of Blocks 16 and 23 and all of Blocks 4 , 9, 10 and 22 , Beaumont Improvement Company Subdivision , located as follows : Tract 1 , southeast corner of Maida Road and Helbig Road; Tract 2 , north side of Maida Road, approximately 600' east of Helbig Road; and Tract 3 , northwest corner of Barrett and Maida Road (PRS Associates made the request ) was considered : ORDINANCE NO. 77-117 ENTITLED AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS AS IN- DICATED UPON THE ZONING MAP OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, BY CHANGING A 22 . 0 ACRE TRACT OF LAND IN THE BEAUMONT IMPROVELIENT COMPANY SUBDIVISION, BEAUMONT, JEFFERSON COUNTY, TEXAS, AS HEREINAFTER DESCRIBED, PRESENTLY ZONED "R-111 , TO 11R-2M" ; PROVIDING FOR SEVER- -170- ABILITY AND PROVIDING A PENALTY. November 3, 1977 The ordinance was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Williams. Question: Ayes : All Nayes : None -000- Ordinance No. 77-118 authorizing a specific use permit to allow construction of a 150 unit high-rise apartment building on a 4 . 03 acre tract out of Block 10, David French Homestead Tract , located in the 3000 Block of French Road on the southeast side (Request by Beaumont Elderly and Handicapped Housing , Authority) was considered : ORDINANCE NO. 77-118 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A 150 UNIT HIGH-RISE APARTMENT PRO- JECT FOR A 4 . 03 ACRE TRACT HEREIN DESCRIBED; IN ACCORDANCE WITH A PLAN DEVELOPMENT; AND SUBJECT TO CERTAIN CONDITIONS . The ordinance was approved on a motion made by Councilman Williams and se- conded by Councilwoman McGinnis. Question : Ayes : All Nayes : None -000- Ordinance No . 77-119 authorizing a zoning change from R-3 (Modified Two Family and Multiple Dwelling) district to LR-1 (Local Retail District) of two (2) lots totaling 0. 3 acres, described generally as Lots 5 and 6, Block 12 , Jeff Chaison Addition , located at 1109 Harriot (request by Wayland Fox and Melva Hill) was considered: ORDINANCE NO. 77-119 ENTITLED AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS AS IN- DICATED UPON THE ZONING ',ZAP OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS , BY CHANGING AN 0. 3 ACRE TRACT IN THE JEFF CHAISON ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS , AS HEREINAFTER DESCRIBED, PRESENTLY ZONED "R-3" , TO "LR-111 , PROVID- ING FOR SEVERABILITY AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question : Ayes : All Nayes : None -000- Resolution 77-329 authorizing the purchase of an IBM Mag Card Typewriter for the Environmental Control Division at a cost of $3 , 600 was approved on a motion made by Councilman Evans and seconded by Councilman Cash. Question : Ayes : All Nayes : None -000- Resolution 77-330 authorizing the acceptance of the Crow Road Project and authorizing final payment to the contractor, E. R. Dupuis , Company, Inc . , in the amount of $15, 888 . 10 (CAP 45-ST-12/71-74-112) was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Cash. Question : Ayes : All Nayes : None -000- Resolution 77-331 authorizing the acceptance of the Shakespeare and Westgate Participation Project and authorizing final payment to the contractor, JCN Pavers, Inc . , in the amount of $15, 538 . 70; authorizing payment to Schaumburg and Polk, Inc . for engineering services in the amount of $5, 576 . 71 ; and auth- orizing payment to Don Streetyfor oversized water line participation (Rev. Sharing - $8449. 25) was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Cash. Question : Ayes : All Nayes : None -171- November 8 , 1977 Resolution 77-332 authorizing the acceptance, for City maintenance, the water, sanitary sewer , storm sewer , and street improvements in Calder High- lands Extension, Block 40, Lots 1-20 and Block 37 , Lots 21-40 -- portions of Arthur, Crow and Ridgeland -- was approved on a motion made by Council- man Cash and seconded by Councilman Evans. Question : Ayes : All Nayes : None -000- Resolution 77-333 authorizing the City Manager to execute a lien release against Robert Lee Perkins in the amount of $1200. 00 for an assessment paving project in Home Addition was approved on a motion made by Council- woman McGinnis aid seconded by Councilman Cash. Question : Ayes : All Nayes : None -000- Resolution 77-334 authorizing the City Manager to execute a release of judgment against Eugene Lavergne, et ux, in the amount of $52 . 00, was approved on a motion made by Councilman Cash and seconded by Councilman Evans. Question : Ayes : All Nayes : None -000- Ordinance No. 77-120 excluding Universities from the definition of "Public Schools" in Section 3-4 of the Code of Ordinances (request by Lamar Uni- versity) was considered: ORDINANCE NO. 77-120 ENTITLED AN ORDINANCE AMENDING CHAPTER 3 , ARTICLE I , SECTION 3-4 EXEMPTING STAVE SUPPORTED COLLEGES AND UNIVERSITIES FROM THE DISTANCE REGULATIONS APPLICABLE TO THE SALE OF ALCOHOLIC BEVERAGES NEAR PUB- LIC SCHOOLS ; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Section 2 . This ordinance shall be and become effective upon receipt by the City Clerk of the City of Beaumont of a certified copy of a resolution of the Board of Regents of Lamar University, in a form acceptable to the City Attorney, certifying that the Board of Regents conducted a public hearing a public hearing after the adoption of this ordinance on the sale of alcoholic beverages at the University, and that said Board of Regents has authorized the sale of alcoholic beverages at the University. Councilman Cash made a motion to deny the ordinance and if denied to bring the issue to citizens for vote for their choice in the issue; Councilman Evans seconded the motion. Question : Ayes : Councilman Cash Nayes : Mayor Ritter Councilman Evans Councilwoman McGinnis Councilman Williams The ordinance was approved on a motion made by Councilman Williams and se- conded by Councilwoman McGinnis . Question : Ayes : Mayor Ritter Nayes : Councilman Cash Councilwoman McGinnis Councilman Evans . Councilman Williams -000- Mr. Emmett R. Flukinger, 4050 Avenue A, addressed Council to complain about the dog ordinance and its lack of enforcement . -ono- -172- November 8 , 1977 There being no further business, the meeting was recessed before continuing 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 session held November 8 , 1977. Myrtle Corgey City Clerk -173- November 8 , 1977 PUBLIC HEARING SPECIFIC USE PERMIT REQUEST BY BEAUMONT ELDERLY & HANDICAPPED HOUSING CORP. Those present for the hearing were : HONORABLE : Ken Ritter Mayor Don Cash Councilman, Ward I Vi McGinnis Councilwoman, Ward II Calvin Williams Councilman, Ward III Leroy Evans Councilman, Ward IV John Anderson Director of Planning Jesse Torres Planning Division -000- Mr. Torres explained the request for a specific use permit to allow construc tion of 150 unit high rise apartment building on a 4. 03 acre tract out of Block 10, David French Homestead Tract , A. Williams Survey, Abstract 385, Beaumont , Texas -- 3000 Block of French Road on the southeast side. Mr. Marvin Gordy of Steinman, Gordy and Huffhines, architects for the proposed high rise project , explained drawings . Mr. Bob Weaver of CCDC and Mr. Chris Mayo of the Beaumont Housing Authority addressed the meeting further explaining the proposal . Citizens were invited to address the meeting: Mr. Hayden Moore, 2845 French Road; Mrs. Helen Traylor , 2865 French Road; and Mrs. Diana Tribble, 2945 French Road; all addressed Council to say they were not opposed to the project but complained of the poor condition of the streets presently and were concerned about more people using them when this facility is completed. There being no further business, the meeting was adjourned. -000- I , Rosemarie Chiappetta, Deputy City Clerk of the City of Beaumont , Texas, certify that the above is a true copy of the public hearing held November 8, 1977. Rosemarie Chiappetta Deputy City Clerk November 8, 1977