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Home My WebLink AboutMIN JUL 14 1981 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JULY 14, 1981 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 14th day of July, 1981 , with the following present: HONORABLE: Maurice Meyers Mayor Tom Combs, Jr. Councilman, Ward I Evelyn M. Lord Councilman, Ward II Calvin Williams Councilman, Ward III Wayne Turner Councilman, Ward IV Ray Riley City Manager Kenneth Wall City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Reverend Beverly Ward, First United Methodist Church. The Pledge of Allegiance was led by Bill Lord, Eagle Scout and Asst. Jr. Scout Master, and Joel Connally, from Troop 221 , -000- Mayor Meyers issued the following; proclamations : "Baseball Card and Collectors Days in Beaumont" July 17, 18, & 19, 1981 and "Bubba Busceme Day in Beaumont" July 17, 1981 . -000- The following Consent Agenda items were considered: The Minutes of the regular City Council sessions held June 30 and July 7, 1981 ; Resolution 81-282 accepting recently-completed street and utility improvements for portions of Wayside Drive in Junker Place Addition; and Resolution 81-283 authorizing purchase of a chemical tank from Marque Corporation in the amount of $5,364 plus $450 freight and a supply of aqua ammonia for water treatment. from Jones Chemical, Inc. in the amount of $2,320.50. The Consent Agenda was approved on a motion made by Councilman Combs and seconded by Councilman Turner. Question: Ayes : All Nayes: None -000- Pub I i c hearing A public hearing was held to consider a request for a zoning change from RS to PUD and a specific use permit for townhouse units to be located on two tracts of land, 23.88 acres, southeast of Dowlen Road and Delaware. Said request was filed by Jerry Nathan on behalf of the Terra Company. .Jesse Torres, Assistant Director of Planning, gave a detailed review of the application and pertinent information concerning the location. 'The Mayor offered the time for discussion with those in favor of, or those applying for the change, to be heard first. Mr. .Jerry Nathan, attorney for Terra Company, and residing at 1510 Belvedere, addressed Council and citizens to discuss the proposed plans for the Planned Unit Development and to urge approval of the zoning change as requested. -`J`J- July 14, 1981 Mr. Bob Douglas, a representative of R. G. Miller Engineering, Inc. of Houston, Texas, Civil and Consulting Engineers, and Mr. Carl Kohler, 625 14th Street, Beaumong, gave professional testimony to relate that, in their opinion, drainage for the development and surrounding area would be sufficient and pose no problem toward flooding. Mr. Edwin Terry, Chairman of the Board of American Real Estate, residing at 4365 Thomas Glen, gave testimony to the effect that a housing project of this type would in no way lower the value of surrounding real estate. Speaking in opposition to the proposed zoning change were the following: Mr. Marty Green, 6090 Pan; Mr. David Ledyard, 1365 Candlestick; Mr. Franklin C. Young, 1390 Sheridan Lane; Mr. Bill Matthews, 6125 Pinkstaff; Mrs. Mary Jane Hunter, 1390 Fenwick Circle; Pat Fearon, 1380 Candlestick Circle; Fletcher Hunter, 1390 Fenwick Circle; Susan Wal? on, 1370 Fenwick Circle; Mary Jane Carne, 5955 Bicentenial; Peggy Green, 6090 Pan; David Kreager, 1245 Nottingham; Mrs. Billie Butts, 5995 Pinkstaff; Robert Toups, 1275 Nottingham, Mary Jane Mouton,. 1385 Fenwick Circle, Jim Dennis, 1.495 Futura; George Sessler, 1360 Fenwick Circle; Robert L. Burnett, Jr. , 1445 Futura; Ruth Dies, 1340 Sheridan and Joe Meek, 1395 Sheridan. (Councilman Williams left Council Chambers.) -000- After rebuttals, an Executive Session, pursuant to Section 2 of the Texas Open Meetings Law, was called. -000- After the Executive Session, the Mayor informed those present that the meeting would resume and the remaining items on the agenda would be considered, and then they would return to the zoning request by Terra Company later in this meeting. -000- A request for a. change in zoning from RS to GC-MD and a specific use permit for a subcon- tracting business establishment on Lot 1, Unit D, Tyrrell Park Addition, at 6095 Fannett Road was presented for public hearing. Jesse Torres, Assistant Director of Planning, defined the request. No one appeared to address Council in support of the request or in opposition to the request. On a motion by Councilman Combs to table the request, pending review of zoning in this par- ticular area for possible upgrading, and seconded by Councilman Turner, the public hearing was declared closed and the item tabled. Question: Ayes : All Nayes: None -000- A public hearing was held to amend the zoning ordinance allowing issuance of specific use permits for cemeteries in any zoning district and establishing off-street parking require- ments for cemeteries. Jesse Torres, Assistant Planning Director, explained the proposal. No one appeared to address this particular item. The following caption was read: ORDINANCE NO. 81-51 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY AMENDING SECTION 30-24.B BY PROVIDING FOR CEMETERY DEVELOPMENT AND OPERATIONS AS A USE PERMITTED IN ANY ZONING DISTRICT WITH A SPECIFIC USE PERMIT; PROVIDING FOR OFF-STREET PARKING REQUIREMENTS; PROVTnrNG FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: -100-. July 14, 1981 Question: Ayes: All (Councilman Williams returned at this time. ) -000- A request for a specific use permit for an existing cemetery on the south side of Pierce Street between Carnegie and Sheffield Streets, filed by Carl Kohler in order to legalize a non-conforming use, was presented for a public hearing. Mr. Torres of the Planning Department offered a definition of the request and also stated that a written request by the City Legal Department, and a concurrence by the Planning Commission, had been presented to the owners of the cemetery asking that an instrument be prepared insuring that the cemetery grounds would have perpetual care. ORDINANCE NO. 81-52 ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT FOR EXPANSION OF AN EXISTING CEMETERY ON A 1. 5 ACRE TRACT HEREIN DESCRIBED. The ordinance was adopted on a motion by Councilman Turner and seconded by Councilman Combs.. Question: Ayes: Mayor Meyers Councilman Lord abstained Councilman Combs Councilman Williams Councilman Turner The Mayor declared the Public Hearings closed. -000- An ordinance was introduced which would abandon an 800 foot section of Liberty Avenue right-of-way 500 feet east of 23rd Street. ORDINANCE NO. 81-53 ENTITLED AN ORDINANCE VACATING AND ABANDONING A PORTION OF LIBERTY STREET LOCATED 500 FEET EAST OF 23RD STREET TO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AS DESCRIBED HEREIN. BE IT ORDAINED BY THE CITY OF BEAUMONT: The ordinance was adopted on a motion by Councilman Lord, seconded by Councilman Combs. Question: Ayes : All Nayes: None -000- An ordinance was introduced abandoning a portion of a 36-foot-wide utility easement in Lots 8 and 9 of Park on Thomas Road, Section III. ORDINANCE NO. 81-54 ENTITLED AN ORDINANCE ABANDONING A 334. 1-FOOT PORTION OF A 36-FOOT UTILITY EASEMENT LOCATED IN LOTS 8 & 9, BLOCK 10, THE PARK ON THOMAS ROAD, SECTION III, BEAUMONT, JEFFERSON COUNTY, TEXAS, AS DESCRIBED HEREIN. BE IT ORDAINED BY THE CITY OF BEAUMONT: The ordinance was adopted on a motion by Councilman Combs and seconded by Councilman Turner. Question: Ayes: All Nayes : None -000- -101- ,July 14, 1981 Resolution 81-284 authorizing eminent domain proceedings to acquire a 1,742 square foot tract out of a portion of Lots 1, 2, and 3, Block 39, Jarrett Addition and a 51.4 square foot tract out of Lot 12, Block 38, Jarrett Addition for right-of-way for the Phelan Connector was approved on a motion by Councilman Combs and seconded by Councilman Turner. Question: Ayes : All Nayes: None -000- Resolution 81-285 authorizing a contract with the West Jefferson County Municipal Water District to provide sanitary sewer service for a portion of the district was approved on a motion by Councilman Combs and seconded by Councilman Lord. Question: Ayes : All Nayes : None -000- An appeal by L. M. Willams and Sons from a three-day suspension of the Company's ambulance permits was considered. Councilman Turner made a motion to uphold the Health Authority ruling and uphold the suspension; Councilman Williams seconded the motion. After a lengthy discussion, question was called. Question: Ayes: Councilman Combs Nayes: Mayor Meyers Councilman Williams Councilman Lord Councilman Turner -000- Resolution 81-286 authorizing a contract with Troy Dodson Construction Company, Inc. at $948,502 for construction of Project I improvements in the Pine Oaks Neighborhood under the Community Development Block Grant Program was approved on a motion by Councilman Williams and seconded by Councilman Turner. Question: Ayes: All Nayes: None -000- Resolution 81-287 authorizing purchase of Parcel #26 at $18,950 for right-of-way for the Spur 380 Extension was approved on a motion by Councilman Williams and seconded by Councilman Turner. Question: Ayes: All Nayes : None -000- Ordinance 81-55 amending the building code to provide standards for brick used in non-loadbearing applications was considered: ORDINANCE NO. 81-55 ENTITLED AN ORDINANCE AMENDING SECTION 6-21 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY CHANGING THE REQUIRED SPECIFICATIONS FOR FACE BRICK FOR CERTAIN APPLICATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: The ordinance was approved on a motion made by Councilman Combs and seconded by Councilman Lord. Question: Ayes: All Nayes : None -000- -102- July 1.4, 1981 Resolution 81-288 authorizing Change Order No. 1 to a contract with John Bankston Construction $ Equipment Rental, Inc. for water system improvements was approved on a motion by Councilman Combs and seconded by Councilman Lord. Question: Ayes: All Nayes: None -000- With all five members of Council being present Item 1 was reconsidered for a vote. Councilman Combs made a motion that application be approved and that the specific use permit be approved, but the second portion of the application, on the 2nd tract of land be resub- mitted to Planning and Zoning to be amended for an R-1 buffer to come behind Sheridan and protect the property back there. (The buffer being the southern most part of application.) (The Mayor asked that map of application be shown to understand Councilman Combs motion.) Councilman Combs explained that he is proposing that the application for PUD for entire tract of land--however, only the specific use permit for the northern most tract of land be approved and the southern most tract of land beyond drainage ditch would have to be resubmitted to Planning and Zoning to be revised for an R-1 request near Sheridan and Fenwick with the drainage canal being the identifying .line between north and south 8.49 acres for specific use p erm.i t. The motion died for lack of a second. Councilman Lord stated that in her opinion drainage is the issue in this request, and that until the drainage problems in this area are resolved that this kind of development is not in order. Councilman Lord moved to deny the request; seconded by Councilman Williams. Question: Ayes: Mayor Meyers Nayes : Councilman Combs Councilman Lord Councilman Williams Councilman Turner -000- Mr. James Canizaro, 7040 Eastex Freeway, representative for the Texas Senior Citizen's Association, addressed Council to express their concern about ambulance service for city. -000- There being no further business, the meeting was adjourned. -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 session of City Council held July 14, 1981. Myrtle Corgey City Clerk -103- July 14, 1981