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Home My WebLink AboutMIN OCT 23 1984 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD OCTOBER 23 , 1984 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas , met in regular session this the 23rd day of October, 1984, with the following present : HONORABLE : William E. Neild Mayor Joseph D. Deshotel Councilman At Large * 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 Nollenberger City Manager Lane Nichols City Attorney (* Arrived late. ) -000- The Invocation was given by Dr. Hooper Haygood, pastor of First United Methodist Church. .. The Pledge of Allegiance was led by Councilman Moore. -000 One proclamation was issued: "United Nations Week in Beaumont" - October 21-27, 1984, with special emphasis on "United Nations Day" - October 24th. 000 The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held October 16, 1984 ; Resolution 84-385 authorizing purchase and installation of chain link fence with a pitched barbed wire top and one gate to be installed around St . Theresa Hospital from Allstate Fence Company at $1, 846.00; Resolution 84-386 approving employment of Paul Higgins as Senior Assist- ant City Attorney, effective November 19, 1984, at $3,578 .00 per month and authorizing reimbursement of moving expenses in the sum not to exceed $2, 500. 00; Resolution 84-387 authorizing execution of a Lease Assignment between First City National Bank, Allright Beaumont Company, and the City of Beaumont to enable the City to continue to lease property which was purchased by the City for the Crockett Connector; Resolution 84-388 authorizing purchase of Parcel 6, a 0.012 acres out of Lots 4 and 5, Block 2, South Park Addition at $950. 00 from Believers Outreach Christian Center, Inc. and Parcel 17, a 0. 003 acres out of Lots 1 and 2 of the Backett Addition for $150. 00 from Mrs. Pearl F. Diamond, Mrs. Helen F. Liebling, David Falkowitz, Max Falkowitz, Mrs. Hattie Falkowitz and Mrs. Jessica F. Dworkin, for the Highland Avenue TIP Project ; Resolution 84-389 authorizing sale of a 3, 782. 7 square foot tract of surplus City-owned property located on the northwest corner of Carroll and Burt (originally acquired for right-of-way for Buford-Carroll improve- ments project ) to the abutting property owner, Lucius Chatman, at $1 , 050. 00; -171- October 23, 1984 Resolution 84-390 accepting for City maintenance water improvements in Lots 4-29, Block 5; Lot 2 , Block 6; Lots 1-3, Block 7; Lots 1-12, Block 8 and Lots 1-6 , Block 9 and street improvements on Broadleaf Drive from Griffing Road approximately 1 , 838 feet in a southwesterly direction; Yucca Drive from Broadleaf Drive approximately 105 feet east ; Palmetto Drive from Broadleaf Drive approximately 125 feet ; and Japonica Drive from Broadleaf Drive approximately 174 feet east ; constructed in Griffing Park Unit II ; Resolution 84-391 accepting for City maintenance water improvements in Tracts 1-10, a 23. 8133 acre tract out of the Noah Tevis Survey, Abstract 52 , and street improvements for portions of Plaza 10 Drive and Plaza 10 Access Road; Resolution 84-392 authorizing final payment of $7,985.37 to the contractor, D & H Construction, for installation of a creative playground on Alice Keith Park (total cost of project $48, 192.00) ; Resolution 84-393 amending a Community- Development Block Grant Historic Preservation sub-recipient contract agreement with Frank Inzer, owner of the Garth home located at 1895 McFaddin, for restoration of the struc- ture by removal of several items listed in the contract to enable receipt of bids more in line with the budget limitations of $50,000.00; and Resolution 84-394 appointing Whit Outlaw, Ron Lanier, Patty Cantella (Chair) , Milton Bell (Vice Chair) , and Preston Shaw to the Zoning Board of Adjustment , terms expiring September 30, 1986. The Consent. Agenda was approved on a motion made by Councilman Brumley and seconded by Councilman Weisbach. Question: Ayes : All Nayes : None -000- An ordinance changing the zoning from RM-H (Residential Multiple Family High Density) and from RS (Residential Single Family) to GC-MD (General Commercial-Multiple Dwelling) for property on Major Drive (requested by John Blackwell ) ; AN ORDINANCE 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) FOR A 3 . 0 ACRE TRACT AND FROM RS (RESI'DENTIAL . SINGLE FAMILY DISTRICT) TO GC-MD (GENERAL COMMERCIAL-MULTIPLE DWELLING DISTRICT) FOR A 1 . 68 ACRE TRACT LOCATED BEGINNING APPROXIMATELY 350 FEET SOUTH OF HIGHWAY 105 AND 125 FEET EAST OF MAJOR DRIVE ON THE EAST SIDE OF MAJOR DRIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. and An ordinance granting a Specific Use Permit to build mini-storage ware- houses on property on Major Drive were considered: AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT- TO BUILD MINI`-STORAGE WAREHOUSES ON PRO- PERTY LOCATED BEGINNING APPROXIMATELY 350 FEET SOUTH OF HIGHWAY 105 AND 125 FEET EAST OF MAJOR DRIVE ON THE EAST SIDE OF MAJOR DRIVE . -172- October 23, 1984 . The ordinances were deferred for sixty (60) days at the request of the applicant on a motion made by Councilman Brumley and seconded by Council- man Deshotel . Question : Ayes : All Nayes: None -000- * Councilman Turner arrived during discussion of the following item. Ordinance No. 84-137 changing the zoning from RS (Residential Single Family) to RM-H (Residential Multiple Family-High Density) on property at 540 Shell (_requested by Henry W. Ligon) ; ORDINANCE NO. 84-137 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 RS (-RESIDENTIAL SINGLE FAMILY DISTRICT) TO RM-H (RESIDENTIAL MULTIPLE FAMILY- HIGH DENSITY DISTRICT) ON PROPERTY LOCATED AT 540 SHELL; PROVIDING FOR SEVERABILITY'; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. and Ordinance No . 84-138 granting a Specific Use Permit to operate a beauty shop at 540 Shell were considered: ORDINANCE NO. 84-138 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A BEAUTY SHOP AT 540 SHELL. The ordinances were approved on a motion made by Councilman Moore and seconded by Councilman Samuel . Question : Ayes: All Nayes : None -000- An ordinance changing the zoning from RM-H (:Residential Multiple Family- High Density) to GC-MD (General Commercial-Multiple Dwelling) for property located at 4290 Pradice (requested by Ananais Prejean) AN ORDINANCE 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 MULTI- PLE FAMILY - HIGH DENSITY DISTRICT) TO GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING DISTRICT) ON PROPERTY LOCATED AT 4290 PRADI'CE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. and An ordinance granting a Specific Use Permit to establish a drinking place at 4290 Pradice were considered: AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR DRINKING PLACE ON PROPERTY LOCATED AT 4290 PRADICE. These ordinances were deferred one week on a motion made by Councilman Deshotel and seconded by Councilman Moore. Question : Ayes : All Nayes: None -173- October 23, 1984 Ordinance No . 84-139 granting a Specific Use Permit to establish an accessory building for a religious organization at 1395 Ewing (requested by Douglas Memorial Church for a parsonage) was considered: ORDINANCE NO. 84-139 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR AN ACCESSORY BUILDING ON PROPERTY LOCATED AT 1395 EWING. The ordinance was approved on a motion made by Councilman Samuel and se- conded by Councilman Deshotel . Question: Ayes: All Nayes: None _000- An ordinance granting a Specific Use Permit to operate a kennel in a GC-MD (General Commercial-Multiple Dwelling) district at 1290 Hazel (requested by Mr. Matt Matthews) was considered: AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A KENNEL ON PROPERTY LOCATED AT 1290 HAZEL. The ordinance was denied on a motion made by Councilman Turner and secon- ded by Councilman Weisbach. Question : Ayes : Mayor Neild Nayes: Councilman Councilman Turner Deshotel Councilman Weisbach Councilman Councilman Brumley Samuel Councilman Moore r-o0o- Ordinance No. 84-140 granting a Specific Use Permit to convert an existing storage building to a garage apartment at 6145 Garner Road (requested by Mike Belovsky) was considered: ORDINANCE NO: 84<-140 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A GARAGE APARTMENT ON PROPERTY LOCATED AT 6145 GARNER ROAD. The ordinance was approved on a motion made by Councilman Weisbach and seconded by Councilman Samuel . Question : Ayes: All Nayes : None 000- Ordinance No . 84-141 abandoning a 16-foot utility easement in Block 2, Lot 1, Washington Park Addition (requested by James M. Lewis for construc- tion of a new single .family residence) was considered: ORDINANCE NO. 84-141 ENTITLED AN ORDINANCE ABANDONING A 16-FOOT UTILITY EASEMENT IN BLOCK 2, LOT 1 , WASHINGTON PARK ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question : Ayes : All Nayes: None -000 -174- October 23, 1984 The third and final reading of the franchise ordinance with Liberty Tele-Communications, Inca was not held. CITY ATTORNEY NICHOLS :. In .the continuing saga of our attempt to amend our franchise with Liberty Television, we finally got the text of the bill and placed a call to Mr. Hembry but I haven' t been able to talk to him. We got it yesterday even- ing from Mrs . Chaney when she came in. My reading of the text of the bill indicates that we will have to start over in the amending process and that to enact an amendment now at 3% and extend the terms of the fran- chise would obviate our ability to get the 5% which was what we were con- cerned about and the reason that we were deferring it to this point . So, rather than say let ' s just defer this a week, right now let me indicate to you that we will commence negotiations with Mr. Hembry to start the process of amending our franchise again to increase it from 3 to 5% or really from 2 to 5% increase the franchise fee and extend the terms we . had agreed on in the past . . . . The language of the Act is gross revenues of the Cable Television System. Of course, we don' t know exactly what that is going. to mean but that °s going to include. all of the premium channels. We don ' t know about ancilliary services that might be cabletelevision services per se but in terms of premium channels and basic, it will include those revenues. . . . The President has- to sign this bill so we probably shouldn ' t commence our franchise renewal process until after that occurs although everyone believes that it will be signed as a matter of course. I was trying to recall exactly what the franchise calls for. I think it calls for payments in March. . . . (Councilman Turner asked, "but we would continue with the 2% of Basic until . . . ?) Until this becomes effec- tive and the date it becomes effective, service from that point on which should be about March of ',85 but the next payment would be in March, ' 86. In answer to questions, City Manager Nollenberger told Council revenues should increase from $100, 000 to $260, 000 at 5% gross revenues, and that the new law takes rate regulation away from cities two years subsequent to the passage of the law. After more discussion, the ordinance was removed from the Agenda with no action needed. Resolution 84-395 authorizing purchase of a 11-ton stakebody truck at $16,692. 00 and a 2-ton stakebody truck. at $21 , 217. 00 from Kinsel Ford Company for the Parks and Recreation Department was approved on a motion made by Councilman Brumley and seconded by Councilman Weisbach. Question : Ayes : All Nayes None -000- Resolution 84-396 authorizing execution of a six-month. contract for sand cement for use in the Urban Transportation and Water Utilities Department from Beaumont Sand & Equipment , I'nc. at $9. 25 for 1z suck and $11 . 75 for 2 sack. was approved on a motion made by Councilman Deshotel and seconded by Councilman Samuel . (question : Ayes : All Nayes : None -000- Resolution 84-397 authorizing purchase of a voltage regulator for the Data Processing Division from Gulf Coast Electric Company at $11 , 132. 00 was approved on a motion made by Councilman Deshotel and seconded by Councilman Brumley. Question : Ayes : All Nayes : None -000- -175- October 23, 1984 Resolution 84-398 authorizing the employment of. ARE, Inc. to develop a Comprehensive Street Management Program for the City at a cost not to exceed $80, 000. 00 was approved on a motion made by Councilman was approved on a motion made by Councilman Deshotel and seconded by Councilman Weis- bach. Question : Ayes : All Nayes : None -000- Ordinance No. 84-142 allowing flexibility in right-of-way widths was considered: ORDINANCE NO. 84-142 ENTITLED AN ORDINANCE AMENDING CHAPTER 23, SECTION 23-9, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO PROVIDE STANDARDS FOR THE REDUCTION OF MINIMUM RIGHTS-OF-WAY; PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL AND PROVI'DI'NG A PENALTY. The ordinance was approved on a motion made by Councilman Brumley and se- conded by Councilman Weisbach.. Question Ayes": All Nayes: None During a lengthy discussion of this item, Councilman Brumley requested that a list be kept as to the number of projects or streets that are given a reduction in the requirements as far as width is concerned. -000- Resolution 84-399 authorizing the employment of Touche Ross and Company . for analysis of the Entex rate increase request at a fee not to exceed $20, 000. 00 was approved on a motion made by Councilman Brumley and secon- ded by Councilman Turner. Question : Ayes : All Nayes : None -o00r Resolution 84-400 authorizing an agreement between the City of Beaumont and the National Center for Municipal Development to provide the services of a Washington assistant (Mrs. Carolyn Chaney) for the City from Novem- ber 1 , 1984 th.rcugh October 1, 1985 at a cost of $32 , 745. 00 plus reimburse- able expenses not to exceed $4,000.00 was approved on a motion made by Councilman Moore and seconded by Councilman Turner. Question : Ayes: All Nayes : None --000- Ordinance No. 84-143 amending the Junked Motor Vehicle Ordinance was considered: ORDINANCE NO. 84-143 ENTITLED AN ORDINANCE AMENDING CHAPTER 13, SECTION 13-15 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT CONCERNING JUNKED MOTOR 'VEHICLES; PROVID- ING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Turner and . seconded by Councilman Deshotel . Question : Ayes : All Nayes: None -000- -.176-. October 23, 1984 .. COUNCILMAN MOORE: This last week I was contacted in reference to our policy on Certificates for Food Preparation Handling and I think it is important that we all understand exactly what it is, I guess, that we agreed to. There was some question as to whether or not we would have non-profit organizations exempted from the practice. I guess the only problem I have with that is when you think in terms of food service certification is for the safety of the people in their respective. . . .whether it be day care centers or whatever in terms of non-profit . I would like to see us possibly give consideration to having those people, even the non-profit status be certified in terms of handling food if it requires a certification by any other type of entity that ' s not non-profit because I think it would give us a better level of consistency because I think the overall protection is what we are most concerned with right now rather than just viving exempt status to just one or two different organi- zations and I am sure we are going to be contacted on this even more so I think it should be given very careful consideration as soon as possible. . . I think they should be required to take the course, may the fee be waved, but I think it is inconsistent on our part to have one entity pay- ing for it , taking it being mandatory, and we completely exempt someone else. -000- Mrs. Mable. M. Turner, owner of the Day Care Center at 2810 Victoria, addressed Council to complain about the increase in Health Services fees. Mr. W. M. Gould, 7050 Donna Lane, again addressed Council to request permission to burn leaves and debris at his home. -000- Mayor Neild called an Executive Session pursuant to Section II of the. Texas Open Meetings Act to be held immediately following the City Council Workshop Session. -000 There being no further business, the meeting was recessed before continu- ing with the City Council Workshop Session. -000- I , Rosemarie Chiappetta, 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 October 23, 1984. Rosemarie Chiappetta Deputy City Clerk -177- October 23, 1984