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Home My WebLink AboutMIN NOV 15 1983 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD NOVEMBER 15, 1983 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 15th day of November, 1983, with the following present: HONORABLE: Evelyn M. Lord Mayor Pro-tem Councilman, Ward II Bill Cox Councilman, Ward I Joseph D. Deshotel Councilman, Ward III David W. Moore Councilman, Ward IV Absent: William E. Neild Mayor Karl Nollenberger City Manager Lane Nichols Asst. City Attorney -000- The Invocation was given by the Reverend Randall T. Smith of St. Luke's Methodist Church. The Pledge of Allegiance was led by Councilman Moore. -000- The following proclamations were issued: "National Bible Week in Beaumont" - November 20- 27, 1983; "Family Week in Beaumont" - November 20-26, 1983. -000- Mayor Pro-tem Lord welcomed 60 third-grade students from Oak Forest Elementary School of Vidor to Council. A special presentation of deeds, title insurance and property description surveys for an enlargement of Fair Park were presented to the City of Beaumont on behalf of the Y.M,B.L. by President Herb Courville. A short recess was taken to observe an elephant outside City Hall stamping out smoking in celebration of the Great American Smoke-Out November 17, 1983. Mike Dodds, Chairman of the Great American Smoke-Out, encoura.gal participation in this effort and presented tee shirts imprinted "Kiss Me, I Don't Smoke" to Council. City Manager Karl Nollenberger read a Petition for Adoption whereby he, as a non-smoker, adopts Councilman Bill Cox, a smoker, in an effort to assist him in completing his day of abstinence of smoking. Also, through this process of 24-hour adoption, Councilman Moore pledged his, support♦.and ,encouragement ,to Councilman Deshotel. -000- Consent Agenda items excluding Item C were considered for approval: Approval of the Minutes of the regular City Council session held November 1, 1983; Resolution 83-411 appointing Councilman David Moore to the Beaumont Health Facilities Development Corporation to serve the unexpired term of Wayne Turner; Resolution 83-411 appointing Robert Robertson and reappointing Forrest Griffin and Catherine Tyrrell to the Library Commission with terms expiring October 31, 1985 and appointing Dr, Paul Isaac to the Historical Landmark Commission for a term expiring October 31, 1985; Resolution 83-413 accepting as complete the water, sanitary sewer and street improvements in Evangeline Meadow, Unit III; Resolution 83-414 authorizing payment of $3,119,39 to Gulf States Utilities Company for the installation of 12, 250 watt high pressure sodium street lights for the Irving/Highland Connector; and -183- November 15, 1983 Resolution 83-415 authorizing Change Order No. 13 in the amount of $3,100.00 to revise the safety tape switches on the orchestra lift and additional work to correct a problem with the heating and cooling system to the contract with Daniels Building and Construction Company for renovation of the City Auditorium. These items were approved on a motion made by Councilman Deshotel and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Item C of the Consent Agenda was considered for approval: Resolution 83-416 authorizing Texas Commerce Bank of Beaumont to withdraw from the Texas Commerce Bank Houston, N.A. securities pledged as collateral for City deposits. This item of the Consent Agenda was approved on a motion made by Councilman Moore and seconded by Councilman Cox. Question: Ayes: Councilman Cox Councilman Deshotel Councilman Moore Abstentions: Mayor Pro-Tem Lord -000- Ordinance 83-147 changing the zoning from RS (Residential Single Family) to GC-MC (General Commercial-Multiple Dwelling) for property at 3250-3256 Washington Boulevard was considered: ORDINANCE NO. 83-147 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE Z014ING DISTRICTS AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING FROM RS (RESIDENTIAL SINGLE FAMILY) DISTRICT TO GC-MD (GENERAL COWERCIAL - MULTIPLE DWELLING) DISTRICT ON PROPERTY LOCATED AT 3250-3256 WASHINGTON BOULEVARD; PROVIDING FOR SEVF.RABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Council- man Moore. Question: Ayes: Councilman Cox Councilman Deshotel Councilman Moore Nayes: Mayor Pro-tem Lord -000- Ordinance 83-148 granting a specific use permit to establish a child day care center in an R-3 (Modified Two Family and Multiple Dwelling) district at 2430 McFaddin was considered: ORDINANCE NO. 83-148 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERT•?IT FOR A CHILD DAY CARE CENTER IN AN R-3 (MODIFIED T110 FAMILY AND MULTIPLE DWELLING) DISTRICT LOCATED AT 2430 MCFADDIN. The ordinance was approved on a motion made by Councilman Moore and seconded by Councilman Cox. Question: Ayes: Councilman Cox Councilman Moore Mayor Pro-tem Lord Nayes: Councilman Deshotel -184- November 15, 1983 The second reading of an ordinance authorizing a franchise agreement with REM Waste Control, Inc. for commercial garbage collection was considered: AN ORDINANCE AN ORDINANCE GRANTING A FRANCHISE TO REM WASTE CONTROL, INC. TO OPERATE A COMMER- CIAL CLOSED CONTAINER GARBAGE COLLECTION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS, MID LIMITATIONS OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RETAINING AUTHORITY TO REGULATE RATES; PROVIDING FOR FRANCHISE PAYMENTS; AND PROVIDING FOR SEVERABILITY. The second reading of an ordinance authorizing a franchise agreement with Browning-Ferris Industries, Inc. for commercial garbage collection was considered: AN ORDINANCE AN ORDINANCE GRANTING A FRANCHISE TO BROWNING- FERRIS INDUSTRIES, INC. TO OPERATE A COMMER- CIAL CLOSED CONTAINER GARBAGE COLLECTION SER- VICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RETAINING AUTHORITY TO REGULATE RATES; PROVID- ING FOR FRANCHISE PAYMENTS; AND PROVIDING FOR SEVERABILITY. The second reading of an ordinance authorizing a franchise agreement with Waste Express, Inc. for commercial garbage collection was considered: AN ORDINANCE AN ORDINANCE GRANTING A FRANCHISE TO WASTE EXPRESS, INC. TO OPERATE A C0MMERCIAL CLOSED CONTAINER GARBAGE COLLECTION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CON- DITIONS, OBLIGATIONS, AND LIMITATIONS OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RE- TAINING AUTHORITY TO REGULATE RATES; PROVID- ING FOR FRANCHISE PAYMENTS; AND PROVIDING FOR SEVERABILITY. These three ordinances were passed to their third reading (scheduled for December 6th) on a motion made by Councilman Cox and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- An ordinance changing Ward designations was considered: AN ORDINANCE AN ORDINANCE AMENDING ORDINANCE 83-65 TO RENUMBER WARDS THEREIN ESTABLISHED FOR ELECTION PURPOSES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. On the basis that there was still room for confusion to the citizenry in the renumbering of the Wards, Councilman Cox made a motion to defer this ordinance one week. Councilman Deshotel seconded the motion. Question: Ayes: All Nayes: None -185- November 15, 1983 Resolution 83-417 establishing "The Innovative Housing Development Corporation" to be governed by a board of directors consisting of five members was approved on a motion made by Councilman Cox and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Ordinance No. 83-149 amending the Fiscal 'Year 1983 budget was considered: ORDINANCE N0. 83=149 ENTITLED AN ORDINANCE APPENDING THE BUDGET OF THE CITY OF BEAUMONT FOR FISCAL YEAR 1983 AND TRANSFERING TWO HUNDRED TWENTY-FIVE THOUSAND EIGHT HUNDRED FIFTY-FIVE DOLLARS ($225,855.00) FROM UNENCUMBERED FUNDS IN DEPARTMENTAL LINE ITEMS TO THE POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution 83-418 acknowledging receipt of the Chamber of Commerce Community Appearance resolution and instructing the staff to make a study and recommendation was approved on a motion made by Councilman Moore and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Resolution 83-419 accepting as complete the improvements on the Magnolia Park Playground and Sidewalk contract and authorizing final payment to D & H Construction in the amount of $2,834.69 was approved on a motion made by Councilman Cox and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution 83-420 authorizing the purchase of a metal lathe from Williams Machine Tools in the amount of $14,259.00 for the Service was approved on a motion made by Councilman Cox and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- A resolution authorizing submittal of an application for a $9,500.00 grant from the Discretionary Fund for Technical Assistance of the Secretary of Housing and Urban Develop- ment for the acquisition of a tugboat for firefighting was denied on a motion made by Councilman Deshotel and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution 83-421 authorizing extension of City water and sanitary sewer utilities west of the City limits, a distance of 600 feet along Tram Road was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question: Ayes: All Nayes: None -000- -186- November 15, 1983 Delia Harrington, 815 Willow Street addressed Council to complain about a REM Waste Control truck door being open while moving and potentially allowing trash to blow out creating litter and to express sadness in Councilman Lord and her husband's upcoming departure from Beaumont and appreciation for Councilman Lord's contribution to Beaumont. Randy Smith, 4455 Singleton, as a representative for Southeast Texans Organized for Peace, invited civic leaders and civic-minded citizens to watch the movie The Day After on Channel 12 next Sunday evening depicting events before and after a nuclear war. Tom Combs expressed that Beaumont was losing a great citizen in Councilman Lord's leaving Beaumont, but was grateful they would be returning and thanked Council on behalf of the Chamber of Commerce Housing Committee for establishing the Innovative Housing Corporation. He stated that the team effort between the Chamber of Commerce Housing Committee, the Community Development Block Grant Committee, the Chamber of Commerce Staff and the Planning Department Staff was a significant factor in the culmination of this action. -000- 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 15, 1983. Myrtle Corgey City Clerk -187- November 15, 1983