HomeMy WebLinkAboutMIN 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
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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 ,
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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 .
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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
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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.
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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.)
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After rebuttals, an Executive Session, pursuant to Section 2 of the Texas Open Meetings
Law, was called.
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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.
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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
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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:
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Question: Ayes: All
(Councilman Williams returned at this time. )
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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There being no further business, the meeting was adjourned.
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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
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