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Home My WebLink AboutMIN NOV 13 1984 REGULAR SESSION CITY COUNCIL - CITY Of-BEAUI' ONT HELD NOVEMBER 13 1984 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 13th day of November, 1984, with the +ol :l.owing present: HONORABLE: William E. Nei 1 d Mayor Joseph D. Deshotel Councilman At Large G. Wayne Turner Councilman At Large Dell Pruitt Weisbach Councilman, Ward I Mike Brumley Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Karl Noi1enberger Cit.g. Manager Hugh Earnest Asst. City Manager Lane Nichols City Attorney Myrtle Corgey City Clerk: -000- The Invocation .was given by the Very Reverend Even Shawhan, Associate pastor of St. Stephens Episcopal Church. The Pledge of Allegiance was led by Mayor Nei 1 d. -00 0- Two protalamations were issued: "Family Week: in Beaumont" - November 18-°"`4 1494 and "The Day of the Great American Smok:eo.ut in Beaumont" November 15, 1984, -000- The following Consent Agenda items were considered: Appr oval of the Minutes of the regular City Council session held November , 1984; F~es.::?7.At:.ion 84•--415 appointing Laura Assunto and reappointing Jim Weber, Tour, Peterson and Dorcy Watler to the Clean Community Commission, terms to expire September- 70, 1986: reappointing Naaman Woodland, Jr-. and Louise Loomis to the Library Commission, terms to expire October 31 , 1`S6t reappointing William Faucett to the Airport Advisory Commission, term to expire May 31 , 1986; appointing Dr. Elmore Kaulbau,gh and reappointing Raymond Ambres to the Transit Advisory board, terms to expire June 0, 1986 and appointing Phyllis Mitchell {alternate) to the Zoning Board of Adjustment, term to expire September 30, 1986; Resolution 81-416 author i z i ng purchase of 4,600 Li r i ope Muscari , 8 Pitto=porum, 20 Crapemyrtle trees and 30 azalea plants from Janet's Jungle of. Nederland at $3, 719. 00; Resolution 84--417 authorizing Joseph G. Poquette, Gary A. Miller, Gerald d S.. Fitzgerald, Thomas B. Hodges and Myrtle C. McCall as official signatories for the City of Beaumont - Beaumont Municipal Transit System bank account; i Resolution 84-413 establishing the "Beaumont Public Library System Endowment Trust" ; Resolution 84-419 authorizing the City Manager to submit an application to the Federal Aviation Administration for federal assistance to update the Master Plan for Beaumont Municipal Airport; and Resolution 84-420 authorizing purchase of Parcel No. 2, Lot 1 , Block 21 of Calder Addition, from Mrs. Eleanor P. Weinbaum at $44, 000.00 and No. 6- for 1 , 124. 29 square foot tract out of Lots 17 & 6, block: 19 .of Calder Addition, from H & S Investments at $19, 885, 1:0 including demolition costs of $8, 500. 00 for the Crockett Connector TIP Project. -183- November 13, 1964 i . The Consent. Agenda was approved on a motion made by Counci 1 man ,Moore and seconded by Councilman Deshotel . ,._iu est i.c:an e Ayes. All Nayese None 000- A public hearing to hear citizen comments on the Entex rate increase renuest was held. Messrs. Virgil Doggette and Wayne Stinnett, representatives of Enter. , addressed Council in support of the proposed rate increase. Mrs. Delia Harrington, 810 Willow, Mrs. Jessie Cooper, 446 Georgetown, and Mr . J. C. Leggett, 1849 Washington Boulevard, addressed Council in opposition to the rate increase. There being no one else to address Council concerning the proposed Entex ;rate increase, the public hearing was closed. -000- Ordinance No. 84-146 amending the Food Code Ordinance was considered. ORDINANCE NO. 84-146 ENTITLED AN ORDINANCE AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADD DEFINITIONS AND AN ASSOCIATED FEE; AMEND THE RATING SYSTEM FOR FOOD SERVICE ESTABLISHMENTS; AMEND THE REQUIREMENTS FOR THE FOOD MANAGER'S CERTIFICATION COURSE; PROVIDE FOR SEVERABILITY; PROVIDE FOR REVEAL AND PROVIDE A PENALTY. The ordinance was approved on a motion made by Councilman Moore and seconded by Councilman Weisbach. Question: Ayes; Mayor Neild Naves: Councilman Councilman Samuel Deshotel Councilman Turner Councilman Weisbach Councilsman Brumley Councilman Moore -o0o_ Ordinance No. 84-147 amending the Plumbing Code was considered: ORDINANCE NO. 84-147 ENTITLED AN ORDINANCE AMENDING CHAPTER 6, ARTICLE VI , OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT; AMENDING THE PLUMBING CODE CONCERNING DRAIN, WASTE AND VENT PIPES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The amendment reads: " In buildings over three stories in height, drain, waste and vent pipes shall be cast iron. Cast iron pipe shall i be used for topping out of buildings over three (Y) stories in height. Copper arms shall be used on lavatories and sinks are required to have chrome traps. Galvanized arms on sinks and . lavatories are permissible if used together with drainage fittings. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Samuel . Q icy=.t i on: Ayes: All Naves: None -r7t:JO_.. -184-• November 13, 1984 i' Ordinance No. 84- 145 appropriating funds and authorizing employment of jj,l!`!;,i sro ap for professional consulting services related to a Data Processing studv was considered: ORDINANCE NO. 84-145 ENTITLED AN ORDINANCE AMENDING THE BUDGET FOR THE FISCAL PERIOD COMMENCING OCTOBER 1 , 19e4 BY APPROPRIATING FORTY-SEVEN THOUSAND ONE HUNDRED NINETY DOLLARS ($47, 190V FROM THE MONIES RESERVED FOR THE PENDING BANK STOCK LITIGATION TO ACCOUNT NO. 01-B760-00327 AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH LWFW GROUP FOR PROFESSIONAL CONSULTANT SERVICES RELATED TO DATA PROCESSING; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Brumley and seconded by Councilman Weisbach, Question: Ayes: All Nayes: None _o0o_ Resolution 94-°4 21 authorizing purchase of ammunition for the Police Department from ABC Police Supply at $13, 563. 36; B & 0 Sporting Goods at $9. 273. 24 and Auto Distributing Corporation at $4,904. 60 was approvfed on a. motion made by Councilman Turner and seconded by Councilman Brumley. Question: Ayes: All Nayes: None --o0o- Resolution 84-422 authorizing purchase of signal equipment for the Urban Transportation Department from Augustine Sales at $109, 632. 00; Doerr Assocsiates of Texas $12, C50. 00; Safetran Traffic Systems, Inc. at ' 126. 562. 50; D & S Barricading at $3, 844. 75; Valmont Industries, Inc.. at $72, 657. 00; Ketron, Inc. at $12,853. 40 & Union Metal . Corporation at $0, 892. 00 was approved on a motion made by Councilman '.lei sbach and seconded by Councilman Deshotel . i luest i on: Ayes: All Nayes: None -000- Resolution 84-423 authorizing execution of a contract with Deevy & Shannon -- Freese and Nichols, Consulting Engineers, for enginesering services for Phase 11 of the Landfill Certification Cell Program for a sum not to exceed $17, 460. 00 was approved on a motion made by Councilman Deshotel and seconded by Councilman Samuel . Question; Ayes: All Nayes: None ._oi,o- The rirst reading. of an ordinance amending the franchise with Liberty Tele� Communications, Inc. was held: AN ORDINANCE AN ORDINANCE AMENDING THE FRANCHISE GRANTED TO BEAUMONT CABLEVISION, INC. , PREDECESSOR OF LIBERTY T. V. CABLE, INC. ON NOVEMBER 25, 1975, BY INCREASING THE PAYMENTS TO BE MADE 'THEREUNDER; BY EXTENDING THE TERM THEREOF; AND BY REMOVING CITY REGULATORY CONTROL OF RATES. The proposed franchise provides for 5% of cable operator' s gross. revenues, term to be extended 20 years from and after April 1 , 1984, that the City' s right to regulate the rates of the cable system would he terminated, and that should federal legislation or regulations ever be amended to provide for franchise fee in excess of 5%, the City could impose such fee automatically. -185- November 13, 1984 The ordinance was passed to its second reading on a motion made by Councilman Turner .::end seconded by Councilman Moore. t:.luest on n Ayes: Mayor Nei 1 d Mayes: Ca��nc i 1 man Councilman Brumley Deshotel Councilman Turner Councilman Weisbach Councilman Samuel Councilman Moore -os7o- Mr . F=rank: Adams, attorney representing Ananais Preiean, addressed Council concerning a zone change request which was deferred for one week: at la-t. week' s Council session for property located at 4290 P a di ce. Mrs. J. C. Leggett , 1849 Washington Boulevard, addressed Council to question .a portion of the food code ordinance. Mayor I.ei l d called an Executive Session, pursuant to Section II of the Texas Opening Meetings Act, to be held immediately following the City Council Workshop Session. -o0a- There being no +urther business, the meeting was recessed before continuing with the City Council Workshop Session. 000- 10 f°tvr•tle 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 car, held November 13, 1984. Myrtle Corgey City Clerk: I -186- November 13, 1984 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD NOVEMBER 20, 19`34 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 20th day of November , 1984, with the i of l owi ng present: HONORABLE: William f.-.:. Nei l d Mayor Joseph D. Deshotel Councilman At Large G. Wayne Turner Councilman At Large Nell Pruitt Weisbach Councilman, Ward I Mike Brumley Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Karl Idollenberger City Manager Lane Nichols City Attorney i 000- The Invocation was given by the Reverend Edward Brown, Antioch Missionary Baptist Church. The Pledge of Allegiance was led by Mayor Nei 1 d. -000-- The following items -of the Consent Agenda were considered: Approval of the Minutes of the regular City Council session held November A, 1984; Resolution 84-°424 appointing Vesta Brandt and reappointing Marie !la:! cote and Charley Giglio to the Clean Community Commission, terms to empire September 30, 1986; Resolution S4-425 authorizing purchase of one ( 1 ) 500 watt generator to be 'installed on Fire Engine d#10 from Casco Industries, Inc. at an amount of $1 , 360. 00; Resolution 84-426 authorizing payment to University Microfilms International in the amount of $1 , 053. 00 for the 1985 New York: Times Microfilm; Resolution 94--427 authorising payment of $2, Z15. 00 to Standard -, P or' s Corporation for services to the Beaumont Public Library; and Resolution 64-428 authorizing purchase of a word processing terminal from A. S. Dick in the amount of $3, 390. 00 for use in the Legal Department. Resolution s 84-424 through 84-427 were approved on a motion made by Councilman Deshotel and seconded by Councilman Brumley. Question: Ayes: All Nayes: None F;i_=.soluti n 84-429 was approved on a motion made by Councilman Samuel And seconded by Councilman Turner. Question: Ayes: Mayor Nei1d Abstained: Councilman Councilman Moore Deshotel Councilman Turner Councilman Weisbach Councilman Brumley Councilman Samuel. -187- November 20, 1984 A pub l i c. hear:i ng to consider new flood hazard boundary maps was held. "1± :u NitRhJir'N WHITAKEF:q Chief Planner for the Planning Department: The City Participates in the Federal Emergency Management Administration' s Flood Insurance Program. This means that residents of Beaumont are eligible for federally-subsidized flood insurance whether they live in a flood hazard area or not. One of the conditions that the Federal Government places on the City in order for people here to participate in ' the Flood Insurance Program is that the Qty adopt a building permit system that prevents construction in flood-prone areas. We' ve been using a Federal Flood Map for the last few Years that was prepared in 1975. In 1!=82, we were presented with a preliminary version of a new revised Flood Map. We felt there were some errors in this map resulting from parts of the City that weren" t studied and we went through a process of appealing the map that lasted a couple of years and we' ve had some substantial changes made - some of the flood p1 ai ns have been shrunken . We' •, e Got a new map that the Federal Government has said we need to adopt:. by December the 4th. As of December the 4th, this map goes into effect for Flood Insurance purposes. The City has been told that we also must adopt the maps and adopt a. new f1god ordinance that references the new maps and takes into account some of the changes on the maps. The c_;rirr.•.nt series of maps we have sets one base flood elevation which is the minimum elevation at which a structure can be built for the entire City and that' s set at 15 feet. Under the new system of maps, we will have different flood elevations for each drainage way, for each major watershed and major drainage ditch. We will also have. the flood plain divided into two (2) parts. The term " 100--;.ear Flood Plain" that is used on the maps refers_ to an :ire•:; where there is a one percent chance of a flood i n any given ,,.ear. The most critical part of that 100-year Flood Plain is called "Fl oodwa`•i" . We haven' t had a floodway before on our old maps. Under the new ordinance, we would not be able to issue a building permit for R permanent structure that would obstruct flood water from using the floodway toy drain out of the City. The second part of the Flood Plain is called the "Fl oodway Fringe" . ' This area will have some restrictions on development but there can be new constructions,. Essentially, any structure built in the floodway. Yringe would have to be one foot above the base flood elevation. This could be done by elevating on pilings or with dirt, with fill . With commercial 'structures; there is one exception to this flood elevation ream.remeet;.. A commercial structure in the 100-year Flood Plain could be bui. 1 t in a f l ood-proof manner where it was impervious to flood waters. Also, within the floodway fringe, any construction that occurs cannot increase the base flood elevation in the watershed substantially and "substantially" is defined by the Federal Government is a one-foot increase in the base flood elevation. Cf"ap s were shown and discussed. ) There being no citizens to address City Council , the hearing was closed. _._000-. Resolution 84•••-429 authorizing purchase of two (2) tractors from Int2r..nat:ional Harvestor• at $21, 598. 00; two (2) flail mowers from Alamo Groun at $3, 196, 00; six (F) rotary cutters from Audilet Tractors at $8, 250. 00 and one ( 1 ) tractor with rotary mower from Oil City Tractors =:1t:. $30, 108- 00 was considered. After a discussion, Councilman Moore made a motion to approve the r-es c;lut.:ion with an amendment to defer- action for the tractor with - r ot ar v mower; motion was seconded by Councilman Deshotel . ,.;�;,...iest: on: Ayes: All Pdayes: I"Jgne -188- November 20, 1994 - ` Ordinance No. 84-149 authorizing abandonment of a 2-foot portion of Libertv Street right-of-way (from Janes to Willow) located adjacent to , Lots 1-3, Block 20, Calder Addition was considered: ORDINANCE NO. 84-149 ENTITLED AN ORDINANCE VACATING AND ABANDONING A 2-FOOT PORTION OF LIBERTY STREET RIGHT-OF-WAY. The ordinance was approved on a motion made by Councilman Weisbach and seconded by Councilman Moore. Question: Ayes: Councilman Abstained: Mayor Deshotel Neild Councilman Turner Councilman Weisbach Councilman Brumley ` Councilman Samuel Councilman Moore -000- Ordinance No. 84-150 authorizin g a zone change from RM-H to GC-MD and Ordinance No. 84-151 authorizing the issuance of a Specific Use Permit to establish a drinking place at 4290 Pradice (requested by Ananais Prejean) were considered: ORDINANCE NO. 84-150 � 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 ` . THE ZONING FROM RM-H (RESIDENTIAL MULTIPLE FAMILY - HIGH DENSITY DISTRICT) TO GC-MD � (GENERAL COMMERCIAL - MULTIPLE DWELLING DISTRICT) ON PROPERTY LOCATED AT 4290 � � PRADICE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. | ORDINANCE NO. 84-151 i / � ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR DRINKING PLACE ON PROPERTY LOCATED � AT 4290 PRADICE. ! � `Councilman Deshotel made a motion to approve Ordinance No. 84-150 changing the zoning from RM-H to GC-MD for the property located at � 4290 Pradice. The motion was seconded by Councilman Samuel, � . � . Quest�on : Ayes: Councilman Nayes: Mayor Neild Deshotel Councilman � Councilman Turner ` Weisbach Councilman Councilman Brumley Samuel Councilman Moore Councilman Moore made a motion to approve Ordinance No. 84-151 with an amendment to the Site Plan of the ordinance specifying operating hours for the business to be 10: 00 a. m. to 4: 00 p. m. for School Days. The motion was seconded by Councilsman Deshotel . Question: Ayes Councilman Nayes: Mayor Neild Deshotel Councilman Councilman Turner Weisbach Councilman _ Councilman Brumley Samuel Councilman Moore -189- November 20, 1984 - ` Resolution 84-430 awarding Sprott Park trail system and site work contract to Baytown Construction at $83, 850. 00 (0. 6 miles of trail surface, 16-station exercise system, benches, signs, drinking fountain and extensive site grading and landscaping, $37, 500 to be funded through a grant from the Texas Local Parks, Recreation and Open Space Fund and the balance of $46, 350 to be funded through the Community Development Block Grant fund) was approved on a motion made by Councilman Moore and seconded by Councilman Turner. ` Question-ues on: Ayes: All Nayes: None -o0o- An ordinance changing a street name - College Street - in honor of Dr. Martin Luther King, Jr. was considered: ` AN ORDINANCE ` ENTITLED AN ORDINANCE AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES OF THE CITY 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 COLLEGE STREET TO "M. L. KING DRIVE" . Councilman Samuel made a motion to approve the ordinance; motion was seconded by Councilman Deshotel . A discussion was held and the question called. Question: Ayes." Councilman Nayes: Mayor Neild ` Deshotel Councilman ' Councilman Turner ' Samuel Councilman Councilman Weisbach Moore Councilman ' Brumley / -000- Resolution 84-432 authorizing purchase of one bobtail trash truck from Tidelands International in the amount of $37, 726. 00 to be used by the Sanitation Department was approved on a motion made by Councilman Moore and seconded by Councilman Samuel . Question: Ayes: All Nayes: None -o0o- ' Mayor Neild called an Executive Session, pursuant to Section II of the Texas Opening Meetings Act, to be held immediately following the City Council Workshop Session. -000-- Mrs. Carol Flatten, 6360 Arrowhead Street, representing the Spare Beaumont Committee of the Beaumont Heritage Society, addressed Council ` to urge that the rehabilitation of the Tyrrell Historical Library be given a top City priority. Mr. Paul Brown, 4370 Cartwright ; the Reverend Albert Haynes, 2620 � Burgandy Place; Mr. Ed Sigee, 2695 Forrest; the Reverend Edward Brown, � 2950 Waco Street; and the Reverend Timothy M. Hunley, 1698 LaSalle; � addressed Council in opposition to action taken today that defeated the street name change from College Street to Dr. Martin Luther King, ng, Jr . Drive. , Mr . Alan McNeill , 479 Pine Street, addressed Council to urge further � support for the location of the proposed Naval installation in our area. r Mayor Neild issued the following proclamation: "Home Care Week in Beaumont" - November 25 - December 1 , 1984. � -190- November 20, 1984 � There being no further business, the meeting was recessed before continuing with the City Council Workshop Session. -..nc?o- Rosemar e Cf i appette, Deputy 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 20, 1984. Rosemarie Chiappetta Deputy City Clerk: -191- November- 20, 1984 ^ CORRECTION Orzinance No. 84-149 authorizing abandonment of a 2-foot portion of Lioerty Street right-of-way (from Janes to Willow) located adjacent to Lots 1-3, Block 20, Calder Addition was considered: ORDINANCE NO. 84-149 ENTITLED AN ORDINANCE VACATING AND ABANDONING A 2-FOOT PORTION OF LIBERTY STREET RIGHT-OF-WAY. Tre crdinance was approved on a motion made by Councilman Weisbach and seccn�ed by Councilman Moore. �uestion: Ayes: Councilman Abstained: Mayor Deshotel Neild Councilman Turner Councilman Weisbach Councilman Brumley Councilman Samuel ' Councilman Moore -o0o- OrzInance No. 84-150 authorizing a zone change from RM-H to GC-MD and Or-Jinance No. 84-151 authorizing the issuance of a Specific Use Permit to establish a drinking place at 4290 Pradice (requested by Ananais Frejean) were considered: ORDINANCE NO. 84-150 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 ZONINO MAP OF BEAUMONT, TEXAS, BY CHANGING -HE ZONING FROM RM-H (RESIDENTIAL MULTIPLE FAMILY - HIGH DENSITY DISTRICT) TO GC-MD ^ (GENERAL COMMERCIAL - MULTIPLE DWELLING DISTRICT) ON PROPERTY LOCATED AT 4290 PRADICE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. . ' ORDINANCE NO. 84-151 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR DRINKING PLACE ON PROPERTY LOCATED AT 4290 PRADICE. Councilman Deshotel made a motion to approve Ordinance No. 84-150 changing the zoning from RM-H to GC-MD for the property located at 4290 Pradice. The motion was seconded by Councilman Samuel . Question: Ayes: Counci1man Nayes: Mayor Neild Deshotel Councilman Councilman Turner Weisbach Councilman Councilman Brumley Samuel Councilman Moore ' . Councilman Moore made a motion to approve Ordinance no. 84-151 with an amendment to the Site Plan of the ordinance specifying that the operation could not open until 4: 00 P. M. on any schocl day. The mztion was seconded by Councilman Deshotel . Question: Ayes: Councilman Nayes: Mayor Neild Deshotel Councilman Councilman Turner Weisbach Councilman Councilman Brumley Samuel Councilman Moore -189- �zve��3er 20, 1984