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HomeMy WebLinkAboutMIN APR 28 1981 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD APRIL 28 , 1981 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas , met in regular session this the 28th day of April , 1981 , with the fol- lowing 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 Lane Nichols Asst . City Attorney Myrtle Corgey City Clerk (*Arrived late. ) -ono_ The Invocation was given by Rabbi Norman Lipson , Temple Emanuel . The Pledge of Allegiance was led by Councilman Lord. -000- Resolution 81-193 designating the golf course- on Tyrrell Park as Henry Homberg Golf Course was considered : MAYOR MEYERS : We are pleased that so many of you would be in attendance today and I would like to first take opportunity to thank some very special people who have done so much for our community who were nice enough to come and join us to- day . I know you will recognize all of them and recognize the fine part they have played in the development of our City and I would like them all to stand if they would and be recognized and if you would appropriately thank them for coming today when I have introduced all of them. And, I are looking out and if I miss somebody , please tell me because I can ' t see everybody . One thing about this job is that it gets your eyes . I would first like to recognize Mayor Elmo Beard , Mayor Cliff LeBlanc , Mayor Jack Moore and Mayor Ken Ritter . I think that I have seen all of our former Mayors who were good enough to join us . We thank you very much for coming today and we thank you for your service to our community and appreciate it very much . I will digress just for a moment from our planned agenda, which seems to have gotten pretty full , and I would ask Henry Engelbrecht if he would first stand and make sure I don ' t miss any of the members of your Parks & Recrea- tion Advisory Committee . I 'm going to leave this one to you , Henry . You are closer to them - if you would just introduce anyone that is present . MR. HENRY ENGELBRECHT, DIRECTOR OF PARKS & RECREATION DEPARTMENT : Thank you , Mayor . First , we have Mr. Clyde Vincent , the chairman of the Advisory Committee , and Mr . Jack Greer and I believe that ' s all that made it . MAYOR MEYERS : We thank you all very much for coming and we know the important part you have played in this day . Also , like to recognize the gentleman sitting to Mr. Homberg ' s left . Henry , do you want to stand up and introduce the visitor? MR. HENRY HOMBERG, PRO FOR TYRRELL PARK GOLF COURSE : I ' d like to recognize Burt Weaver . Ile ' s really a Beaumonter . He has to live in Oklahoma . . . . Memphis . . . Memphis . . . I 'm just a little nervous . This is a surprise to me . I didn ' t know he was coming . -55- April 28 , 1981 MAYOR MEYERS : It ' s a day of surprises . Burt , it ' s good to see you. I really had the pleasure of hacking away one day at Tyrrell Park, I guess it was about 1.7 ,years ago -- when was it you had that 62? MR. BURT WEAVER: It was about then. MAYOR MEYERS : Right , I saw every shot. I was playing in the foursome behind you and I was sick watching you . . . but we are really pleased to have you here . Very briefly , I would just like to point out that Henry Homberg celebrated his 70th birthday March 12 and began work as caddy on the Beaumont Municipal Golf Course at the age of 11 and he was the pro at that Course on Central Park from July 1 , 141 until the course was closed in 1950 and he has also operated the Tyrrell Park Course since it was first established as a 9-hole course in 1942 . I think when you think of professional golf and think of Henry Homberg and there are many names that come to mind for the fines work he has done in developing the Golf program in our City . I think it is most important too that we recognize that the first junior program which really I think is what it is all about - was developed by Henry Homberg at Tyrrell Park and you couldn ' t go out there any afternoon about 2 : 30 or 3 : 00 and not find the buses coming and the moms dropping off their kids and find him out there right in the middle of the whole bunch of them just loving every second of it . No monetary reward, but I think , Henry , that sitting to your left is an example and coming through this door is probably further example of the appreciation and feeling of those you have helped in this junior pro- gram -- introduce Bruce Lietzke , who was very anxious to stay to be here with us for this day , Henry . Come on in , Bruce . Henry , as you know, was the recipient of the Exchange Club 's Golden Deeds Award for his community service . So , it is most appropriate that I would ask Council for a motion to take as our first item and then we would return to the proclamation por- tion of our agenda, to rename the golf course at Tyrrell Park in honor of Mr . Henry Homberg. COUNCILMAN COMBS : So move. MAYOR MEYERS : The motion has been made . Is there a second? COUNCILMAN LORD : Second. MAYOR MEYERS : Does Council have any comments they would care to make? fine , I think everybody ' s feelings , Henry , are just warmth and the fact that we could re- cognize your efforts for our community in this way and I think nothing could be more appropriate than. the renaming of our golf course in your honor - Henry Homberg. And, so, with that , I 'll call for the motion . Those in favor , signify by saying Aye . QUESTION: Ayes : All Nayes : None MAYOR MEYERS : I think it is a unanimous vote , Henry . That Course will now be known as Henry Homberg Golf Course and before I would ask for your comments , Bruce , would you care to make any comments? Bruce shared with us yesterday his time in conducting for Boys Haven the Bruce L•ietzke Tournament . It was a ,Treat day . Ile then went on to spend some time with the boys out at Boys Haver_ and , as I mentioned earlier , a classic example of the work and what it was all about for Henry to be able to see the end results in Burt and Bruce and others like them and was kind enough and just wouldn ' t have it any other way when we spoke about what was happening today. Bruce . . . ? -56- April 28 , 1981 BRUCE LIETZKE : Thank you , Mr . Mayer . I think because of my long association with the town of Beaumont and my long association with the Golf Course at Tyrrell ?park, I think over the years I will still refer to that beautiful acreage out there as Tyrrell Park. I think Henry Homberg will still refer to that place as Tyrrell Parka You know, it is Tyrrell Park and it has a beauti- ful fond place in my memory . I know it does for Mr . Homberg. And, I think the beautiful thing is that , because I have been so fortunate to know this man and to know that acreage you have out there off Tyrrell Park Road, it ' s very easy for me to remember Mr . Homberg and his great contribution to the town of Beaumont ; but , what is great is that the kids 20 or 30 years from now that will be as lucky as I was will be able to go out there at the age of 7 or 8 or 10 yeas old and not be shunned from the Golf Course but to be more than welcome to the Golf Course. Let them go out and play as much as they can and not only become better golfers but to become better citi- zens and Mr. Homberg is solely responsible for that . I think it is a beautiful thing what the City Council has done here . It is a great tribute to a great man and lastly , I don 't know what it is that possessed a man to stop working at a refinery here in Beaumont called Mobil several several years ago in 1942 to go into a business that at that time wasn ' t much of a business . Golf professionals - that wasn ' t the most highly acclaimed job to have back then but he left a job at Mobil to become that golf profes- sional and for whatever his reason for doing it , Beaumont is a better town , golf is a better game, and I am a better person for it and i want to thank him. Thank you . MR. HOMBERG: Thank you , Bruce . MAYOR MEYERS : It is unusual that any man could have so many sons , but I think most of them are gathering around him today . MR. BURT WEAVER: Thank you , Mr. Mayor. It is, indeed an honor for me to be here to recognize such a fine gentleman as Henry Hogberg. He has been more like a father to me than any other person due to the fact that I really didn 't have any par- ents . Had it not been for this gentleman , I am sure that I would have been in another business today , also. When I was growing up in the Cite of Beau- mont , I can say that golf became part of my life at an early age !mainly due to this gentleman right here and as I would go to the golf course and play through my high school years and even after that , it was always with the guidance of him. I was lucky enough to go to college and. even on the Pro Tour because of golf . I will never forget all the things that went into me being in that position and I owe it all to this gentleman right here . And, as I said before , it is certainly an honor for me to stand here and listen to all these kind words about him because he deserves every one of them. Thank you. MAYOR MEYERS : Thank you , Burt . There are far too many other friends of Henry 's here today, particularly those from the Beaumont Golf Association and just other bunch of hackers that he ' s tried to do something with over the years , but you weren ' t very successful here. If you saw me yesterday , you ' d really be ashamed. But , with Henry today, of course , is his wife Jewel and I would like to ask her to stand and be recognized, if you would, Mrs . Homberg. I think everyone knows that the Hombergs have worked out there as a team and you would always find one very close to the other and, Henry , if you 've got yourself together, won ' t you come forward and say whatever is on your mind at this time . . . . . . Tell me how to correct my slice. (Councilman Williams arrived here . ) -57- April 28 , 1981 MR. HOMBERG: . . . hit it from out there . . . Everyone knows I 'm not a very good speaker . I would just like to take a few minutes to tell you . . . Jack Greer who has done work on this , Burt who has traveled 500 miles to get here , and Bruce back here . . . where' d you go . . . ? Anyway , Bruce - he dubs that ball along a little ways there and then knocks in a long putt for a par and this goes on and on and on . He has been very successful on the tour and I think the reason he was is because he did a lot of work when he was a youngster about seven or eight years old and he has worked on this game ever since . And, getting back to Burt Weaver -- he is situated now in Memphis Tennessee . He is, without a doubt , one of my very , very best friends . And, Mayor , I think I ' d better sit back down. MAYOR MEYERS : Again , we thank you all very much for coming and we certainly thank former Mayors Beard, LeBlanc , Moore , and Ritter for taking time from their sche- dules . Henry has meant certainly as much to you as you were serving as Mayor as he has to us and we thank you very much for joining us today . And , Henry , with that , we thank you very much and look forward to your continued success in operating the Henry Homberg Golf Course out there at Tyrrell Park. Thank you and thank you all very much for coming and we will now see it we can pick up the pieces and get back to the Agenda bit . END OF EXCERPT. -000- MAYOR MEYERS : I would now like to recognize really an outstanding achievement and certainly noteworthy achievement . . . an individual that we wish all the best in the future and I would like to read for you something from the Department of Ed- ucation on the Commission of Presidential Scholars coming out of Washington , D. C. "The U. S . Department of Education and Commission on Presidential Scholars announced today the names of the 1981 finalists in the Presidential Scholars Program which annually identifies the most distinguished and accomplished graduating high school seniors in the Nation . Diedra Wallace , daughter of Delores Wallace , who lives at 2855 Prairie in Beaumont, is one of the 1 ,000 outstanding young American students to. become a finalist in this program from among more than three million seniors to graduate this year. She has been awarded a certificate by the President "s Committee on Presidential Scholars and Diedra is a graduating senior at Beaumont Charlton. Pollard High School . The selection of those finalists who will become Presidential Scholars will be made in April by members of the President ' s Committee on Presidential Scholars. Finalist who become Presidential .Scholars will be invited to Wash- ington , D. C. , where they will be honored .by their elected representatives , by educators and by others in public life. Selection is based on numerous factors in addition to academic excellence. For example , achievement in the visual and performing arts and creative writing, demonstrated leadership ability , contribution of energy and creativity to school and community and achievement in the sciences and other fields of interest . The independent judgment of the members on the Commission on Presidential Scholar with con- currence of the President of the United States determines final selection . " We are very pleased to recognize Airs . Delores Wallace -- this is Diedra ' s mother; Mr. Preston Shore , BCP Principal ; Miss Rita Smalley , Senior Coun- selor at BCP; and . . . is Diedra with you? . . . Yes . . . Won' t you come up , Diedra. Diedra, on behalf of Council , we are extremely proud and we certainly wish you the very best in the future competition and hope you are one of those going to Washington . . But , should you not be , I would say to you that when they narrow it down to these numbers - then they are choosing from three million , right at this point you can be extremely proud and we are very proud of you and would offer to you an opportunity to make any comments that you care to make. -58- April 28, 1981 MISS DIEDRA WALLACE : Well , I would ,just like to say that without the support of City leaders like you, school officials , and parents , students wouldn ' t have very much motivation to try to excel and I appreciate the congratulations very much. Thank you . MAYOR MEYERS : Thank you all for coming and we wish you the best , Diedra. END OF EXCERPT. -000- Mayor Meyers issued the following proclamations : "Days of Remembrance of the Victims of the Holocaust" - April 26 - May 2 ,1981 ; "Deaf Awareness Week in Beaumont" - May 3-9, 1981; 'A.B.W.A. Scholarship Month in Beaumont" May , 1981 ; "Beta Sigma Phi Day in Beaumont" - April 30, 1981 ; and "Clean Air Week in Beaumont" May 3-,9, 1981 . -000- Minutes of the regular City Council session held April 21 , 1981 , were ap- proved on a motion made by Councilman Turner and seconded by Councilman. Combs . Question : Ayes : All Nayes : None -000- MAYOR MEYERS : I see a gentleman in the back that I did not see until some of the people cleared out and although not a former Mayor of Beaumont , he has the honor of being the only Mayor that Bevil Oaks ever had until he decided to step down recently and would like to recognize Mayor 0. C. Hall . We appreciate your presence , Mayor Hall . -o00r A public hearing was held for a zoning change from. RS to RCR for 40 acres in the vicinity of Nelkin Lane and Bigner Road and authorizing a specific use permit for construction of two radio towers on a portion of the tract . MR. JESSE TORRES, Asst . Planning Director : This request is a request by Mr. Albert Lombardo for a zone change as men- tioned previously from R-3 to RCR and also a specific use permit for the construction of two radio transmission towers on the site that you see be- fore you on the location map. The RCR designation which surrounds the specific use site is intended to serve as a transition area between the to-- cation of the towers and the surrounding residential neighborhoods both to the west and to the southeast . The zone change covers some 40 acres - the specific use permit covers approximately 15 acres generally in the center of the application . Access to the specific use permit site will be by a 20-foot road which is to be constructed by the applicant . As you can see , it exits to the west . Surrounding zoning to the north and to the west of the application is RS at the present time and as I mentioned is residentially developed. The property on the northern boundary of the application does also have a drainage ditch which for the most part parallels that part of. the application and the pro- perty to the north of that is partially vacant and partially developed on Bennett with residential dwellings . The aerial photograph will give you an indication of where the tower site will be in relation to the surrounding development . You can see the subdivision to the west and to the southeast of the property. The additional residential development you see is , for the most part , the east side of Bigner Road and. would not be directly effected by this particular application . -59- April 28 1981 MR. TORRES continued : The request for the RCR zoning has been submitted for use as a landscaped buffer strip around the specific use permit. area and this will provide protection to the residentially-developed areas to the west and to the north and we feel it also. provides a compatible transition for future re- sidential development . The request has in it the designation of two towers which will be located within an area measuring 848 X 771 feet . The tower site will be unmanned and thus will not be required to provide parking. Similarly there will be no permanent structures on the tower site and no need for landscpaing or setbacks on the tower site itself . The location of the tower site will be fenced and there will be appropriate signs to be placed around the tower site to describe what is occurring inside of the location . We recommended approval of the zone change to the Planning and Zoning Com- mission for the RCR zoning and the specific use permit based on the fact that the RCR zone is a transition zone is a transition zone between the location for the site and the residentially developed areas ; the fact that the specific use permit is located, for the most part , in the center of what would otherwise be an entirely wooded area; and, finally , the fact that the applicant has satisfied all : the necessary features for the issuance of the specific use permit . There were 31 notifications mailed to property owners within 200 feet of the application and we received one response in opposi- tion to the change and no responses in favor. (Planning and Zoning Com- mission recommended approval in a vote 4 to 0 with 1 abstention . ) PUBLIC HEARING declared open to consider zoning Item 729-ZP. Those speaking in favor of the requested change : Mr . Hoke Peacock, attorney with the firm of Orgain , Bell and Tucker , 4th floor of the Beaumont Savings Building , representing Mr . Albert Lombardo , property owner , and Security Broadcasting Company, option holder for pur- chase of subject property; and Mr. Ben Bridgeman , representative of Secur- ity Broadcasting Company ; addressed Council in support of the requested zone change. It was stated that the lease will not be renewed on the pre- sent tower site near Parkdale Mall and that the towers must be relocated by Fall . Two federal approvals (Federal Aeronautics Administration and Federal Communications Commission) must be received before towers can be moved. It was stated that the proposed site does meet requirements of both agencies . They stated that what is intended is that an 8-foot fence be constructed around the base of the towers and around the transmitter house to prevent climbing of the towers and vandalism and. that adequate signs be placed to describe the enclosed operation . In answer to questions by Council , relocation of the towers , including clear- ing of timber from the proposed site , etc. , is estimated to be completed in 90 days . It was further stated that this particular zoning was chosen at the sugges- tion of the City staff to give more restrictive protection for the residen- tial areas surrounding the request . Those speaking in opposition to the proposed change were : Mrs. Hugh Fowler, 3830 Robinson ; Mr . George Robinson , 3785 Perth Place ; Mr . John Payton, 3715 Perth Place and Mr. Jerry Woodington (.no address given) ; addressed Council to express their opposition to the proposed zoning change request and specific use permit because of their concern for possible damage to residential streets and home foundations caused by logging trucks remov- ing timber and 18-wheelers used to truck in the .tower sections - After a lengthy discussion, Councilman Combs made a motion to postpone action pending a legal opinion from the City Legal Department on the validity of re- quiring the Company to furnish a performance bond -to provide coverage against damage to City streets and to private property ; he also asked that a 10-foot concrete drive be constructed through the -middle of the residential lot fac- ing on Karlette providing access to the property covered by the specific use permit and that the subject lot be fenced and gated. Motion was seconded by Councilman Williams. -60- April 28, 1981 MR. PEACOCK: The company has absolutely no objection to providing I would call it a liability bond - perhaps it is a performance bond in the sense that it is to perform their duty to rebuild the streets if they are damaged. There is no problem with that -but as far as trying to require that we indemnify private citizens , I think you are over-reaching the function of the City Council when you start doing that . There is adequate state law to protect private citizens and damage done to their property by anybody. else and we . carry public liability insurance. We own a radio station here in Beaumont that is certainly subject to the jurisdiction of local courts . If we do something wrong out there that damages somebody' s property , we are subject to the jurisdiction of those bodies and certainly we are solvent and carry a proper insurance just as any other person in the community does . Now, I can understand, since the streets are certainly directly involved, why the City would be concerned about that ; but frankly if we or our contractors cause any damage to anybody , whether it ' s in this neighborhood or otherwise , we are going to be liable to them at common law and the laws of this State and there is certainly adequate redress under law generally for those kinds of wrongs and I don `'t think you all should get in the business of legislating private rights in that area since it is adequately covered by the Legisla- . ture and the general laws of the State. Councilman Combs amended his motion by asking that action be postponed until performance bond providing coverage against damage to City streets be fur- nished and also that a 10-foot concrete drive be constructed through the middle of the residential lot .facing on Karlett providing access to the property covered by the specific use permit and that the subject lot be fenced and gated; Councilman Williams seconded the motion . Question ; Ayes : Councilman Combs Councilman Williams Nayes ; Mayor Meyers Councilman Lord. Councilman Turner Councilman Lord made a motion to approve the zoning change subject to the receipt of the performance bond providing coverage against damage to City streets and the construction of a 10-foot drive through the middle of the lot providing access to the specific use area and that the lot be fenced and gated. Councilman Turner seconded the motion . Question : Ayes : Mayor Meyers Councilman Lord Councilman Turner Nayes : Councilman Combs Councilman Williams PUBLIC HEARING closed. Ordinance No. 81-27 changing the zoning from RS to RCR for 40 acres in the vicinity of Nelkin Lane and Bigner Road and authorizing a specific use per- mit for construction of two radio towers on a portion of the tract was con- sidered: ORDINANCE NO. 81-27 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 A 40. 0 ACRE TRACT OUT OF THE F. BIGNER SURVEY, BEAUMONT, JEFFER- SON COUNTY, TEXAS, AS HEREINAFTER DESCRIBED , PRESENTLY ZONED 11R-3" (_MODIFIED TWO-FAMILY AND MULTIPLE DWELLING DISTRICT) TO °'RCR" (RESIDENTIAL CONSERVATION AND REVITALI- ZATION DISTRICT) ; PROVIDING FOR A SPECIFIC USE PERMIT; IM- POSING CONDITIONS; PROVIDING FOR SEVERABILITY; AND PROVID- ING A PENALTY. , -61- April 28 , 1981 The ordinance was approved on a motion made by Councilman Lord and seconded by Councilman Turner. Question : Ayes : Mayor Meyers Nayes : Councilman Combs Councilman Lord Councilman Williams Councilman Turner -000- A public hearing was held for consideration of a specific use permit for construction of a professional office park on 1 . 5 acres in the 7800-8100 Blocks of Gladys Avenue. MR. TORRES : Item 3 is a request by Mark Whitely who is the engineer for the property owner located in the 7800 to the 8100 Block of Gladys . The request in this case is for a specific use permit for a professional office develop- ment to be located in RMH (Residential , Multiple Dwelling, High Density Zoning) . The property covers 1 . 5 acres. Existing zoning to the north is RM - Medium Density . Surrounding development to the north and east is townhouses . Remaining sites on the south and the west are currently vacant . The property measures 339 feet of frontage on Gladys and 194 feet of depth. All utilities are present and adequate to service the intended development . 'Ale listed in the staff report the requirements for parking in this particu- lar development , for landscaping and screening, for the provision of an 8-foot fence since it does abutt residential development , and finally for the provision of trees to be planted in the landscaped areas. It is generally located at the entrance of Bryant Drive on the north side of Gladys. It is important . for you to note that we do have an established pattern of multi-family development occuring on the eastern and northern boundaries of the property. The landscaped areas are generally on what would be the eastern and southern boundaries of the property . The remain- ing areas are parking that is the landscaped buffer which is required on the eastern boundary and is required on the southern boundary as well since it does abutt single family development . As we noted in the staff report , the request does meet all the requirements for the Specific Use Permit . And, we are are recommending approval of the request . The Planning Commission approved th.e request by a vote of 5 to 0. (Councilman Williams left the meeting . ) Mayor Meyers declared the public hearing open and asked first that those in favor of the proposed change speak. MR. MARK WHITELY: Mr . Mayor and Council . I am Mark Whitely, my office is 6930 College and I am the engineer for the developer. I ' ll make this kind of short . We feel there is a need for office space in that area and since there are townhouses to the east towards Dowlen Road and townhouses to the North and multi-family to the northwest , we feel that this would be an orderly transition from this to the neighborhood commercial and general commercial on Major Drive . No one wished to address Council in opposition to the proposed change . A motion approving the staff recommendation for this proposed change was made by Councilman Combs and seconded by Councilman Turner. (question: Ayes : All Nayes : None Ordinance No. 81-28 approving a specific use permit. for construction of a professional office park on 1 , 5 acres in the 7800-8100 Blocks of Gladys Avenue was considered: ORDINANCE NQ., 81,.28 ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT FOR AN OFFICE PARK DEVELOPMENT ON A 1 . 5 ACRE TRACT HEREIN DESCRIBED IN ACCORDANCE WITH A "PLAT PLAN. !' -62- April 28 , 1981 The ordinance was approved on a motion made by Councilman Combs and seconded by Councilman Turner . Question : Ayes : All Nayes : None --000- (Councilman Williams returned during discussion of next item. ) An ordinance changing the zoning from GC-MD to LI for five lots , totaling 0. 80 of an acre, at 1277 and 1293 Laurel Avenue and 1268 , 1292 & 1294 South Street (change requested by James Hagan , Hagan Fence Company) was denied on a motion made by Councilman Combs and seconded by Councilman Turner. !question : Ayes : All Nayes : None Ordinance No.No. 81-29 changing the zoning from RS to OP for 3 . 31 acres located generally at 3395 Cleveland (North End United Methodist Church) was considered. Councilman Williams made a motion to deny the ordinance ; motion died for lack of a second. Councilman Turner made a motion to approve the request ; motion was seconded by Councilman Combs . Question. : Ayes : Mayor Meyers Nayes : Councilman Williams Councilman Combs Councilman Lord Councilman Turner ORDINANCE NO. 81-29 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 A 3 . 31 ACRE TRACT OUT OF THE PIN OAKS PLOTS ANNEX ADDITION, BEAUMONT , JEFFERSON COUNTY, TEXAS , AS HERE-- INAFTER DESCRIBED, PRESENTLY ZONED ''RS" (RESIDENTIAL SINGLE FAMILY DISTRICT) TO "OP" (OFFICE PARK DISTRICT) ; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Turner and secon- ded by Councilman Combs . (question : Ayes : Mayor Meyers Nayes : Councilman Williams Councilman Combs Councilman Lord Councilman Turner -000- Ordinance No . 81-30 changing the zoning from RS to RCR for 15. 335 acres at 4900 Plant Road and authorizing a specific use permit for an employee training ground on the tract (requested by Gulf States Utilities) was considered : Councilman Combs made a motion to approve the recommendation ; seconded by Councilman Williams . Question : Ayes : All Nayes : None ORDINANCE NO. 81-30 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 A 15 . 335 ACRE TRACT OF LAND IN BEAUMONT, JEFFERSON COUNTY, TEXAS , AS HEREINAFTER DESCRIBED, PRESENTLY ZONED "RS" (RESIDENTIAL SINGLE FAMILY DISTRICT) TO "RCR" (RESIDENTIAL CONSERVATION AND REVITALIZATION DISTRICT) ; PROVIDING FOR A SPECIFIC USE PERMIT; IMPOSING CONDITIONS ; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. The ordinance was approved ., z a motion made by Councilman. Williams and se- conded by Councilman Turner. Question : Ayes : All Nayes : None -63- April 28 , 1981 Ordinance No. 81-31 changing the zoning from A-R to RS for 137 acres on the east side of Major Drive about 2 . 07 miles north of Gladys was considered : ORDINANCE NO. 31-31 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS , AND IN PAR- TICULAR THE BOUNDARIES OF THE ZONING DISTRICTS AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS , BY CHANGING A 137. 0 ACRE TRACT OUT OF THE H. WIL- LIAMS SURVEY, BEAUMONT, JEFFERSON COUNTY, TEXAS , AS HEREINAFTER DESCRIBED, PRESENTLY ZONED "AR" (AGRICULTURAL RESIDENTIAL DISTRICT) TO "RS" (RES- IDENTIAL SINGLE FAMILY DISTRICT) PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Combs and secon- ded by Councilman Turner. Question : Ayes : All Nayes : None -000- Ordinance No. 81-32 providing for construction of an assessment paving pro- ject for 136 feet of 23rd Street south of Kenwood was considered : ORDINANCE NO. 81-32. ENTITLED AN ORDINANCE DETERMINING THE NECESSITY OF AND ORDERING THAT TWENTY-THIRD STREET 136. 60 FT. SOUTH OF KENWOOD, CALDER PLACE ADDITION , A PUBLIC STREET IN THE CITY . OF BEAUMONT, TEXAS , SHALL BE IM- PROVED; ADOPTING AND APPROVING PLANS AND SPECIFICA- TIONS FOR SUCH IMPROVEMENT; DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS FOR THIS PROJECT; INVOKING THE PROCEDURE OF ARTICLE 1105b OF THE REVISED CIVIL STAT- UTES OF THE STATE OF TEXAS ; AND PROVIDING FOR SEVERA- BILITY. (Councilman Combs left the meeting at this point . ) The ordinance was approved on a motion made by Councilman Williams and se- conded by Councilman. Lord. Question : Ayes : All Nayes : None -000 Resolution 81-194 authorizing an amendment to an agreement with Don Born , a fixed base operator at Municipal Airport to expand the leased area was approved on a motion made by Councilman Williams and seconded by Council- man Turner. Question : Ayes : All Nayes : None -000- (Councilman Combs returned to the meeting here. ) Resolution 81-195 authorizing a tow-away contract with Chuck' s Wrecker Ser- vice for removal of junked vehicles at $5. 25 per vehicle was approved on a motion made by Councilman Lord and seconded by Councilman Turner . Question : Ayes : All Nayes : None -000- Resolution 81--196 approving Supplemental Agreement No. 2 to the Buford- Carroll Construction contract with Bella Company to replace 4 , 000 feet of 6" water line at a cost of $67, 540. 74 was approved on a motion made by Councilman Combs and seconded by Councilman Turner. Question : Ayes : All Nayes : None -000- -64- April 28 , 1981 Resolution 81-197 amending Resolution 81-133 accepting street and utility improvements in Units XX and XXI of Dowlen West (to correct lot and Block descriptions) was approved on a motion made by Councilman Turner and se- conded by Counei Iman Combs. Question. : Ayes : All Nayes : None o0o,m. (Councilman. Lord left meeting during discussion of next item. ) Resolution 81-198 authorizing execution of a contract with Schaumburg & Poll:,, Inc. for engineering services required. for the Step 3 construction phase of the Sanitary Sewer Improvement Program was approved on a motion made by Councilman Turner and seconded by Councilman Combs . Question : Ayes : All Nayes : None -000-- The regular session was recessed before continuing with the public hearing for dilapidated structures., PUBLIC HEARING DILAPIDATED STRUCTURES Mr . George Gardner, Urban Rehabilitation Administrator , told Council that all the below-listed .structures are in violation of Article III , Sections 14-50 and 14-51 of the Dangerous Structures Ordinance of the City of Beaumont , Texas , and that all notification procedures have been met : (Councilman Lord returned during this portion of the meeting. ) 780 DEVILLENEUVE - Ms. Loumertha Polk Love , owner ( 14 violations) , recommen- dation to raze within 30 days ; 1485 FANNIN - Tony Tortoris Estate , owner ( 17 violations) , recommendation to raze within 30 days; NEXT TO 3445 GLEN- WOOD (GARAGE) - Ms . Lydia M. Williams , owner (12 violations) , recommendation to raze within 30, days ; 1040 STEPHENSON ALLEY (21 violations) , 1042 and 1044 STEPHENSON (22 violations each) Vance A. Norris , owner , recommendation to raze within 30 days ; and 2055 TEXAS ALLEY (:REAR) , 20 violations , and 2075 TEXAS ALLEY, -26 violations , D. F. Sanders , owner , recommendation to raze within 30 days . Recommendations were approved on a motion made by Councilman Williams and seconded by Councilman Lord. Question : Ayes : All Nayes : None No citizens wished to address public hearing. Hearing closed before re- turning to the regular City Council session. Ordinance No . 81-33 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal was considered: ORDINANCE NO. 81-33 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES , ORDERING REPAIR OR DEMOLITION FOR CERTAIN STRUCTURES ; ORDERING DEMOLITION BY THE CITY UNDER CERTAIN CONDITIONS ; PROVIDING A PENALTY; AND PROVIDING FOR SEVERABILITY. . The ordinance was approved on a motion made by Councilman Combs and secon- ded by Councilman Turner. Question : Ayes : All Nayes : None -000- nor . J. C. Leggett , 1849 Washington Boulevard, addressed Council to express his concern for the relocation of the two radio towers . -000- There being no further business , the meeting was recessed before continuing with the City Council workshop session . -65- April 28 , 1981 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 April 28 , 1981 . Myrtle Corgey City Clerk -66- April 28 , 1981