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HomeMy WebLinkAboutMIN OCT 13 1981 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD OCTOBER 13 , 1981 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 13th day of October, 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 R. E. Platt Asst . City Manager George Phair Asst . City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Reverend Jim Bauman, Beaumont Interna- tional Seamen's Center. The Pledge of Allegiance was led by Councilman Combs. -000- Mayor Meyers recognized the Reverend Daniel Schorlemer, Bethlehem Luth- eran Church, who is moving to San Antonio. "We are very pleased to have you here. You have been a good friend and I think a good worker for our community. I know on behalf of Council and on behalf of the citizens of the community, we appreciate your presence and wish you well . I am sorry you are leaving. " -000- Mayor Meyers issued the following proclamations : "National Business Womens' Week" - October 18-24, 1981 and "Handicapped Awareness Day in Beaumont" - October 17, 1981 . -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held October 6, 1981 ; Resolution 81-416 authorizing withdrawal of $100,000 in securities pledged by Texas Commerce Bank of Beaumont as collateral for City bank deposits (total pledged - $40,890, 000. 00) ; Resolution 81-417 authorizing payment for repairs to a 20 million gallon raw sewage pump at the Water Reclamation Plant to Westinghouse Corp. at a cost of $4,200. 00; Resolution 81-418 authorizing the purchase of films for the Library from Coronet Films and Video, Inc.. at a cost of $1 ,048. 00; and Resolution 81-419 nominating Mr. S. L. Greenberg for a Director of the Jefferson County Appraisal District . The Consent Agenda was approved on a motion made by Councilman Combs and seconded by Councilman Lord, Question: Ayes : All Nayes : None -000- -162- October 13, 1981 Ordinance No. 81-81 changing the zoning from RS to PUD for 19.09 acres on Dowlen Road a half mile south of Delaware and authorizing issuance of a specific use permit for multiple dwellings on the property (requested by Terra Company) was considered: ORDINANCE NO. 81-81 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 TWO TRACTS TOTALING 19. 09 ACRES LOCATED GENERALLY ONE-HALF MILE SOUTH OF DELAWARE ON AN UNIMPROVED PORTION OF DOWLEN ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS, AS HEREINAFTER DESCRIBED, PRESENTLY ZONED "RS" (RESIDENTIAL SINGLE FAMILY DISTRICT) TO "PUD" (PLANNED UNIT DEVELOPMENT DISTRICT) ; PROVIDING FOR A SPECIFIC USE PERMIT; IMPOSING CONDITIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Turner and se- conded by Councilman Williams. Question : Ayes : All Nayes : None -000- Ordinance No. 81-82 changing the name of Oakcrest Drive to Tram Road, from Eastex Freeway to the Santa Fe tracks was considered: ORDINANCE NO. 81-82 ENTITLED AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE NAME OF THAT CERTAIN STREET AS INDICATED UPON THE OFFICIAL STREET MAP OF BEAUMONT, TEXAS BY CHANGING THE NAME OF OAKCREST DRIVE TO TRAM ROAD; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Combs and se- conded by Councilman Turner. Question : Ayes : All Nayes : None -000- Ordinance No. 81-83 abandoning a street light easement was considered: ORDINANCE NO. 51-83 ENTITLED AN ORDINANCE ABANDONING A 5-FOOT STREET LIGHT EASEMENT LOCATED ON LOTS 21 AND 22 , BLOCK 11 , TANGLEWOOD ADDITION, BEAUMONT, TEXAS , AS DESCRIBED HEREIN. The ordinance was approved on a motion made by Councilman Lord and se- conded by Councilman Turner. Question : Ayes : All Nayes : None -000- Resolution 81-420 letting a contract for construction of an 11-unit T hangar building, associated ramps and taxiways at Municipal Airport to Gary Clark Contractors , Inc. at a cost of $229, 516. 00 was approved on a motion made by Councilman Combs and seconded by Councilman Turner. Question : Ayes : All Nayes : None -163 - October 13 , 1981 Resolution 81-421 scheduling a public hearing on November 3, 1981 on pro- posed amendments to the minimum standards and requirements for the con- duct of Commercial Aeronautical Activities (Late Payments and Termination , Lack of Insurance) at Municipal Airport was approved on a motion made by Councilman Combs and seconded by Councilman Turner. Question : Ayes : All Nayes : None -000- Resolution 81-422 authorizing an amendment to the contract with Kohler and Kohler for engineering services for the implementation of the Master Drainage Study with estimated cost of services to be $16,700 not to ex- ceed $20,000 was approved on a motion made by Councilman Turner and se- conded by Councilman Lord. Question : Ayes : All Nayes : None -000- Resolution 81-423 authorizing Change Order No. 1 to the contract with Excavators and Constructors, Inc. for street and utility improvements in the Hebert Neighborhood, Census Tract 23, under the C.D.B.G. program to add 21 Junction Boxes omitted from the original project , substituting sand fill under concrete pavement in lieu of hydrated lime, reducing the thickness of flexible base from 6" to 31" to conform to City standards, reducing the width of concrete pavement on Southerland between Usan and its dead end from 371 to 27" and deleting additional flexible base on Westmoreland and one block of Hebert - Change Order No. 1 saving $135,328 and decreasing the amount of the contract from $1 ,881 ,091 .25 to $1,745, 763.25 was approved on a motion made by Councilman Combs and se- conded by Councilman Turner. Question: Ayes : All Nayes : None -000- Messrs. Bob Wortham, 1405 Futura; Jim Dennis, 1495 Futura; and Marty Green, 6090 Pan Street ; addressed Council in opposition to action taken in rezon- ing 19. 09 acres on Dowlen Road to PUD. Mr. J. C. Leggett , 1849 Washington Boulevard, addressed Council to complain about poor drainage. Mr. Jerry Nathan, 1510 Belvedere, addressed Council in appreciation for action taken in rezoning to PUD the property on Dowlen. -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 City Council ses- sion held October 13, 1981. Myrtle Corgey City Clerk -164- October 13, 1981 EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 13 , 1981 MR. BOB WORTHAM, 1405 Futura: My name is Bob Wortham. I live at 1405 Futura here in Beaumont , Texas . First , I would like to say I 'm disappointed I did not get started in this project as early as I would have like to of. I have with my new job have been working throughout the Eastern District of Texas. I have been fight- ing political corruption very successfully, I may say, out of the area. My first complaint is I 'm very disappointed in the Council' s ruling on point number one . We have , before I bought my house , I did several things and I relied upon those things. First thing I did, I walked over to the City Courthouse . I checked on the zoning regulations to see in fact what they were so that prior to buying my house , I would know and have some kind of security as to what type of area and future construc- tion there would be. In talking with the man over there, I asked him what you had to go through for zoning changes and though I had taken courses at Lamar and at Baylor both in Municipal government , I knew the task was very , very difficult and in future plans in cities it is very difficult to get it changed. I relied upon what the individual in the City told me. Next , I went to Richard Evans' office , of all people. We pulled out the . . . the altitude or whatever you call them . . . maps showing how high my particular area was. After looking at the maps , he assured me that foot-wise , elevation-wise, that I was safe and I should not flood; but he of course did not know the poor drainage problem we had behind my house and apparently nothing has been done to change the pro- blems. It is apparent that we are creating more problems . After having 16 inches of water in my house back on April 19th, 1979, I 'm certainly not pleased at the vote of the Council and I 'm very disappointed. Thank you. MAYOR MEYERS : If you might rerdain for a moment , I really am pleased that you'd give me an opportunity to mention a few things that I felt were particularly im- portant and I 'm really glad that you did come forward because first I would want to state that your concerns are absolutely reasonable. I think it ' s important to understand that were there no drainage problems , I recognize that this kind of development represents a change that is EXCERPT FROM REGULAR CITY COUNCIL SESSION IiELD OCTOBER 13 , 1981 Page 2 MAYOR MEYERS continued: taking place all over the country and I think it ' s by necessity and I think in the future we will see more and more of it , but , nevertheless , change unto itself I know is a difficult experience, but I won ' t dwell on that but do state the fact that we will see this. The cost of money and the cost of construction just dictates that . Secondly , I would sug- gest that you go somewhere else in the future to get some kind of infor- mation relative to drainage other than Richard Evans . I . . . I . . . I person- ally regard him as probably one of the least knowledgeable people in our community when it comes to drainage ; but , what I did want to mention be- cause I think this is important , I had 8 inches of water in my home and so I think you'd have to recognize, Bob, that the concern for flooding would be as present in my mind as yours. And, the reason that Council has labored as long with this question is because we recognize that our community now is paying the price for many years of neglect in the area of satisfying proper drainage needs . Almost a year and a half ago , we initiated the first study that was ever done in this City to truly under- stand our drainage in our City. There are several projects that are now contemplated. They are going to take time and they are going to take time because we all do live here and I think we are all very anxious to come out of it with something that we can all look at each other and feel comfident has truly been the answer. But we can' t rush that as much as we' d like to start it tomorrow. But I think the point that ' s important that I do want to convey is I have now called all around the Country . I ' ve called to people who are involved in the process that is being em- ployed in this development and I say to you , looking you right in the eye , you can feel extremely comfortable and you can feel confident that the work that ' s being done in that project , were nothing done , will not impact you any more as it relates to drainage . I am 100% confident of that and if I did not have that confidence, I doubt very much if I could have supported this . But , I have spoken to people who have utilized this process . I have spoken to people who have similar developments almost identical to the one proposed here because I share your concerns and they are real , Bob. This is a horrible thing when you have water in your home but I think it ' s EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 13, 1981 Page 3 MAYOR MEYERS continued: important that we deal with fact , not with a lot of the conversation that goes about . This process works and from the standpoint-of drainage , I go on record right now as saying to you this is sound and I support it but I certainly can understand your concerns . MR. WORTHAM: Well, you know you say it ' s going to take a while for the drainage pro- blems to be resolved. If that ' s the fact, and I would have wished that the Council could have considered holding off on changing any zoning change until we did have some positive steps forward . . . . . . MAYOR MEYERS : What I am mentioning to you is that the project with the ponding that ' s proposed within it will not impact you any more than if nothing were done there at all . MR. WORTHAM: If you look at the layout of the area within a mile and a half of this project - probably less than that - you have numerous multi-family dwel- lings . If this project is such a fantastic, super project , it would prob- ably be just as successful a mile and a half away that would not be such a burden on the people that live within the district , live within the area. I know that when I bought my house, I bought it with the hope and the faith and the understanding that it was going to remain single-family dwelling because I did in fact check it out with the City. Of course, that was three years ago, so you know to say I am disappointed is an under- statement . I would certainly hope that the Council would review their re- cords and past promises made , compare the past promises with what you have in writing today, and, after considering that, maybe you would consider a motion to reopen this question. MAYOR MEYERS: I respect your concerns and appreciate your comments . MR. WORTHAM: Thank you. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 13 , 1981 Page 4 MAYOR MEYERS : Is there anyone else that would care to address Council? Yes , sir . . . JIM DENNIS , 1495 Futura: My name is Jim Dennis. I live at 1495 Futura. I wish that I had the confidence in Terra Company that you do, Mr. Mayor . I trust them just about as far as I can throw a 10-ton safe. Back during the hearing in June and then again recently, Mr. Nathan , I think if you look at the re- cord, represented Terra Company as being willing and ready to donate land along the Bayou to Drainage District 6. Now, today , Councilwoman Lord asked about whether that was in the ordinance. In the ordinance was something about a setback. That ' s not the same as donating land to Drainage District 6 for improvement of drainage and there have been other instances that I have seen where things have come about like Terra Company has said they were going to come about , so I have trouble believing that they are going to do what they say they are going to do. Now, then , as far as drainage is concerned, you've taken a good step with the Kohler report and, if that is implemented , that ' s a good step in the right direc- tion but that ' s our long-term drainage solution . We need short-term drainage solutions. Now, then, when I say short-term, I mean within the next year or so . I have made . . . had some discussion with Councilman Turner and I 've made a recommendation to him and he ' ll be talking with you and the rest of the Councilmen about this and it ' s a solution if . . . if water retention is good on 23 acres or 19 acres or what have you, then it ' s good on a larger scale also and I have suggested water retention on a larger scale. Unfortunately, part of what I have suggested would require a little bit more land along that Bayou than what Terra Company has set aside and that land would be very well put to use because that is a critical area. The East/West Ditch drains right in there and it ' s going to drain all of Beaumont west when that ditch gets extended and im- proved, water is going to come rushing down from Beaumont west and we need something to carry that water not just downstream but to a retention facil- ity and that ditch needs to be widened for that reason . I won ' t go into that right now. I will be happy to discuss it with you and the rest of the Council later if you wish. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 13, 1981 Page 5 MAYOR MEYERS : Thank you. Is there anyone else that would care to address Council? MR. MARTY GREEN, 6090 Pan : My name is Marty Green and I live at 6090 Pan Street . I , too, am disap- pointed in the Council ' s action and its repudiation of single family zoning concept in Beaumont during the year in which building and the number of new starts in this area has increased over prior years . The members of the Council who voted three months ago had before them a motion by Councilman Combs for a single family buffer on the southern portion of this property and to redraw the ordinance so as to approve the northern development . There has been no substitive change -made . At that time , there was a 25-foot setback requirement . They have gone back to 40 feet , that ' s an additional 15 feet . Aside from that , there has been no additional concessions made by these people and were any person who faced a zoning fight to come to me and request whether or not they should negotiate in good faith with the other party and make concessions , I would tell them no. I would tell them it would get you nowhere. That the Council will not back you and neither will the Planning & Zoning Commission . In addition , I want to make a couple of proposals for future organization . I don ' t know what the rules are in Yugoslavia and I have lost motions . . . . . . MAYOR MEYERS : What does that have to do with it? MR. GREEN: . . . we' ll get to that in a moment , Mr. Mayor . . . . . . MAYOR MEYERS : While you are at that point , I feel impelled to speak to the fact that there have been significant changes - significant changes that I feel were injected into the project , I think to set the record straight , based on what is going to be constructed where , the number of smaller units that were included in the original proposal . I don ' t care to get involved in a debate; but I do think if we are going to speak, let ' s speak straight for the record. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 13 , 1981 Page 7 MR. NATHAN continued: my group. Let me say , I 'm Jerry Nathan . I live at 1510 Belvedere , Beaumont , Texas, and I likewise had 3 inches of water in my home . I 'm going to end this on a positive note but I likewise am disappointed as some of the individuals who appeared here before me have expressed their disappointment to you, but my disappointment is in a different context . I 'm disappointed that an individual such as Mr. Dennis comes up and says that he does not trust these gentlemen as far as he can throw a 10-ton truck or thereabouts and then list some . . . makes some representations that I just must as an example call to your attention , in our application and the transmittal letter on page 3 , Section E, we clearly state that an approximate 40-foot strip of land running approximately the full length of the east boundary line of the subject property will be reserved and given to Drainage District 6 for future expansion of Hillebrandt Bayou. If Mr . Dennis or individuals like him would spend as much time reviewing the facts as making accusations then perhaps we could have saved many , many hours . . . . . . MAYOR MEYERS : Would you consider me rude if I interrupted you? MR. NATHAN: No, sir. MAYOR MEYERS : Okay, because I appreciate everything that you are saying or would say but let me say this because I think it ' s important . I know that Council , particularly because of the tremendous amount of deliberation that this particular project has had, and believe me that ' s been healthy because I think there are many beneficial things that our community will derive be- cause of this City Council and because of the intense interest that they showed. And, what I am saying is they showed respect for development and they showed extreme concern for the people who live here . We ' re in a period now where we have to show that concern . We ' re in a period and we found ourselves this way. We didn ' t create the drainage problems that we have in our community but I think it ' s been a very responsible act but , at EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 13 , 1981 Page 8 MAYOR MEYERS continued: the same time , Council , and I know I do, recognize and have no difficulty . . . . . . it ' s a very emotional question , Jerry, and it ' s not hard to under- stand when you get that emotionally involved in something as traumatic as this, that people may say some things that perhaps they will regret a week or two later or feel sorry that they did, but really it . . . it . . . it just doesn' t even need to be referenced. And, I think Council appre- ciates the efforts of everybody - the efforts of Mr . Green and the Asso- ciation and your group ' s efforts and we have tried - I know this - we have tried as a Body to deal as effectively in the best interest of this City in handling this particular project because we recognize how important it is . And, so that ' s why we've labored through it , but , any comments you want ; but you needn 't spend any time . . . . . . MR. NATHAN: All right . Well , this is not as much directed towards the Council members who certainly have adequate talents to evaluate what is going on but I do feel an obligation to my clients who have really made a genuine attempt to meet with the neighbors and to explain to them all of the ramifications regarding this application . If statements like this are allowed to be broadcast and reported, at least I think someone needs to get up and make a formal statement that my clients have not just been frivolous in their application , but have, in fact , tried to bring in the top talents - the very top experts - and exerted tremendous amounts of time and effort to satisfy, which I think we have done obviously from this vote ; but , as I said on a positive note , I do want to express my appreciation as a citizen to the Planning & Zoning Department , their staff , to the Planning & Zoning Commission and to this City Council who have spent an enormous amount of time - personal sacrifice and committment - not only for our hearing but for the hearings that have gone on before us and that will continue to go along after us and I am not sure that the lay people in this community are aware of the enormous amounts of personal time that each of you have to expend day in and day out . And, on that note , I would like to again express our sincere appreciation to everybody concerned. Thank you. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 13 , 1981 Page 9 MAYOR MEYERS : Thank you very much. Jerry, the last time I tried to make a final state- ment , it was only the last statement until somebody made one after me. Is there anyone else that would care to address Council? If not , we stand adjourned. END OF EXCERPT.