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MIN APR 09 1985 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD APRIL 9, 1985 BE If REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 9th day of April, 1985, with the following present: HONORABLE: William E. Neild 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 Nollenberger City Manager Hugh Earnest Asst. City Attorney Lane Nichols City Attorney Myrtle Corgey City Clerk -000- The following proclamations were issued: "Fair Housing Month in Beaumont" - April, 1985; "7th Annual Chili Cook-Off Day in Beaumont" - April 13, 1985; and "Child Abuse & Neglect Prevention Month in Beaumont" - April, 1985. -000- Employee Service Awards/ Employee Recognition Award Program was held: Those receiving pins for 15 years of service were: Murray Duren, Planning Department; Wesley D. Bailey, Police Department; Jack C. Maddox and Harold E. Smithers, Jr. , Fire Department; Garfield Seale and Robert Lomax, Drainage Department; Wanda S. Wright, Traffic Department; Lee R. Bean, Animal Control; .Junius Reed, Jr. and William H. Tumblin, Par´┐Ż,s Department; James Fitzgerald, Sr., Building Maintenance; Arthur H. Pettes, Water Distribution; Lewis M. Coburn, Water Production; London Thibodeaux, Water Reclamation; Horace Smith, Sanitation; Joseph P. Thibodeaux, Landfill; and Earl C. Massey, Building Inspection. . Those receiving pins for 20 years of service were: Daniel R. Davis and George A. Derousell, Building Maintenance; Jerry E. Bell, Steve J. Basil III and Joe A. Hebert, Police Department; John D. Gundolf, Fire Department; Richard Bolin, Jr. , Elgie Reed and Paul Young, Jr. , Drainage Department; Manuel Perez, Water Distribution; and Sidney B. Gunn, Street Divisiop. Those receiving pins for 25 years of service Were: Fred M. Steward, James E. Hannan and Samuel H. Marks, Fire Department; Johnny F. Hoyt, Jr. , Water Commercial. -80- April 9, 1985 Those receiving pins for 30 years were: W. G. Daniels and Don Mitcham, Police Department; Henry Engelbrecht, Director of Parks & Recreation Department and Val Price, Landfill. Retirement plaques were given to Juanita Jenkins, retiring from the City Manager's Office and Budget and Research with 44 years of service; Angelo L. Cassaro from the Police Department with 14 years of service; Wallace G. Daniels from the Police Department with 30 years of service; Olen E. Simmons from the Water Production Department with 17 years of service; Herman V. Burkett from the Water Commercial Department with 32 years of service; Doris Thompson from the Traffic Department with 30 years of service; William D. Lane from the Sanitation Department with 27 years of service; Ozan B. Goodman from the Library with 30 years of service and Jacob D. Read from the Health Department with 26 years of service. CIrY MANAGER: The last set of awards, Your Honor, are a new award given, starting this year, and they came out of the organizational excellence effort that the City employees have put together and it's an effort to recognize in examples of continued performance of good service among City employees. As I mentioned, it is a first time effort. It's the Employee of the Quarter. We are expecting on a quarterly basis to recognize employees of the City and then, annually, to have an Employee of the Year. This is the initial effort and the selections are made by their fellow employees based upon nominations made by fellow employees and nominations by department heads. With that, we've actually divided it up into six (6) different groups in order to make sure we are recognizing the various groupings of the City. The first group is the technician group and the honoree in that particular area is Mark Horelica from the Traffic Division. (Employees were given Blue Ribbons and T-shirts with "Superstar" insignias and an individual selection of particular prizes that have been donated. ) In the maintenance group, from the Health Department, Hector Barrera. In the skilled craft group, Henry Marshall from the Drainage Division. In the clerical group, Jerry Bradford from the Engineering Division. In the para-professional group, Scarlett Evans from the Planning Department. In the professional group' the employee of the quarter is Keith Truman from the Engineering Department. Each of the employees of the quarter will be eligible for the Employee of the Year award which will take place next year at this time after each of the quarterly selections. At this point, punch and cookies for the honorees and members of the audience are available in the lobby and I hope you will all take a few minutes to congratulate them on their gears of service and performance for the City and the Council will reconvene in about ten minutes. -000- -81- April 9, 1985 Council session was reconvened with the following present: HONORABLE: William E. Neild 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 Arrived late: David W. Moore Councilman, Ward IV Karl Nollenberger City Manager Hugh Earnest Asst. City Manager Lane Nichols City Attorney Myrtle Corgey City Clerk -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held April 2, 1985; Ordinance No. 85-41 amending Chapter 13 of the Code of Ordinances and adopting Section 13-4 of Article I, relating to unlawful interference with nuisance abatement was considered: ORDINANCE NO. 85-41 ENTITLED AN ORDNANCE AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ADOPTING SECTION 13-4 OF ARTICLE I REGARDING THE UNLAWFUL INTERFERENCE WITH NUISANCE ABATEMENT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Section 13-4, Interference with Nuisance AbatemePt reads: It shall be unlawful for any person to interfere with or .attempt to interfere with or prevent the Director of Health or anyone acting under his direction or authority from removing, clearing or abating any nuisance or condition declared unlawful in Chapter 13. and Resolution 85-103 granting an underground utility easement to Gulf States Utilities Company for service to the lift station site at Avenue C and Wall Streets. The Consent Agenda was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question: Ayes: All Nayes: None -82- April 9, 1985 An ordinance changing the zoning from RS (Residential Single-Family Dwelling) district to NSC (Neighborhood Shopping Center) and approving a general development plan for property located in the 4000-4100 Blocks of Washington Boulevard on the south side (requested by Isreal Senigaur) was considered: 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 RS (RESIDENTIAL SINGLE FAMILY DWELLING DISTRICT) TO NSC (NEIGHBORHOOD SHOPPING CENTER DISTRICT) AND APPROVAL OF A GENERAL DEVELOPMENT PLAN FOR PROPERTY LOCATED IN THE 4000-4100 BLOCKS OF WASHINGTON BOULEVARD ON THE SOUTH SIDE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. (Councilman Moore arrived during the discussion of this ordinance. ) After a lengthy discussion, Councilman Turner made a motion to deny the ordinance; motion was seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Ordinance No. 85-42 abandoning an undeveloped 60-foot right-of-way east of Major Drive (requested by Matt Racki, engineer for owner John Blackwell, for development of abutting commercial property) was considered: ORDINANCE NO. 85-42 ENTITLED AN ORDINANCE ABANDONING AN UNDEVELOPED 60-FOOT RIGHT-OF-WAY LOCATED EAST OF MAJOR DRIVE AND APPROXIMATELY 322 FEET SOUTH OF STATE HIGHWAY 105, BEAUMONT, JEFFERSON COUNTY, TEXAS. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Ordinance No. 85-43 abandoning a 15-foot utility easement in Seven Oaks Estates Subdivision (requested by Ronnie Platt, Manager of Drainage District 6, for t improvements abutting a drainage channel) was considered: -83- April 9, 1985 w ORDINANCE NO. 85-43 ENTITLED AN ORDINANCE ABANDONING A 15-FOOT UTILITY EASEMENT IN BLOCK 3, LOT 6, SEVEN OAKS ESTATES ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. The ordinance was approved on a motion made by Councilman Brumley and seconded by Councilman Turner. Question: Ayes: All Nayes: None -000- The second reading of a Franchise Ordinance with Southwestern Bell Telephone Company was held: AN ORDINANCE AN ORDINANCE GRANTING TO SOUTHWESTERN BELL 'TELEPHONE COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE TO USE THE CITY'S PRESENT AND FUTURE PUBLIC STREETS, ALLEYS, AND OTHER PUBLIC THOROUGHFARES WITHIN THE CITY OF BEAUMONT, AND THE RIGHT TO ENTER UPON, ERECT, CONSTRUCT, MAINTAIN, EXTEND, REPAIR, REPLACE, REMOVE, IN, UNDER, UPON, WITHIN, OVER, ABOVE, ACROSS, AND ALONG ANY AND ALL OF THE PRESENT AND FUTURE PUBLIC STREETS, ALLEYS, AND OTHER PUBLIC THOROUGHFARES OF THE CITY OF BEAUMONT A SYSTEM OF POLES, WIRES, ANCHORS, CABLES, MANHOLES, CONDUITS, AND OTHER APPURTENANCES NECESSARY TO ITS COMMUNI- CATION SYSTEM; PRESCRIBING THE CONDITIONS GOVERNING THE OPERATION OF THE BUSINESS; RETAINING ALL RIGHTS OF CITY TO REGULATE THE LOCATION OF COMPANY'S FACILI- TIES IN, UPON, ALONG, UNDER AND OVER THE STREETS, ALLEYS AND OTHER PUBLIC THOROUGHFARES WITHIN 'THE CITY AS WELL AS TO REQUIRE THE RELOCATION OF SAME; RESERV- ING TO THE CITY THE RIGHT TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY; PROVIDING FOR THE COMPENSATION FOR THE PRIVILEGES HEREIN GRANTED; PROVIDING THAT THIS FRANCHISE SHALL BE EFFECTIVE FOR A PERIOD OF TWENTY (20) YEARS,COMMENCING UPON AND EXTENDING FROM THE SIXTY-FIRST (61ST) DAY AFTER FINAL PASSAGE HEREOF; PROVIDING THAT THIS FRANCHISE IS GRANTED SUBJECT TO ALL LAWFUL PROVISIONS OF THE CHARTER OF THE CITY OF THE CITY OF BEAUMONT; MAKING MISCELLANEOUS PROVISIONS RELATIVE TO 'THIS GRANT OF FRANCHISE; PROVIDING RULES AND REGULATIONS GENERALLY FOR THE OPERATION OF SAID BUSINESS UNDER THIS GRANT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INDEMNITY BY THE COMPANY TO THE CITY; AND PROVIDING FOR ACCEPTANCE BY THE COMPANY. -34- April 9, 1985 The ordinance was passed to its third and final reading on a motion made by Councilman Deshotel and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- An ordinance amending the Wrecker and Tow-away ordinance was considered: AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTERS 26 AND 29 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. It was agreed to defer the ordinance to next week's Workshop Session. -000- Resolution 85-104 authorizing the settlement of the bank stock cases generally styled Lamar State Bank, et al, vs. City of Beaumont, et al, for the years 1980 through 1984 was approved on a motion made by Councilman Brumley and seconded by Councilman Turner. Question: Ayes: All Nayes: None -000- Resolution 85-105 authorizing a one-year contract with Keown Supply Company for the purchase of sand cement for use by the Transportation and Water Utilities Departments at $10.25 per ton for 1-1/2 sack and $12.25 per ton for 2 sack was approved on a motion made by Councilman Brumley and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- Resolution 85-106 amending the contract with Mental Health Mental Retardation to reduce the weed and litter coatrol in downtown and the arterial pickup to once per month for the next six (6) months for a reduced contract of $348,126.67 (savings of $65,873.33) was approved on a motion made by Councilman Moore and seconded by Councilman Weisbach. Question: Ayes: Mayor Neild Abstained: Councilman Turner Councilman Deshotel Councilman Weisbach Councilman Brumley Councilman Samuel Councilman Moore t -000- FiS- April 9, 1985 Ordinance No. 85-44 waiving building permit fees for the "Christmas in April" Project was considered: ORDINANCE NO. 85-44 ENTITLED AN ORDINANCE WAIVING BUILDING PERMIT FEES FOR REHABILITATION OF HOUSING FOR ELDERLY AND HANDICAPPED HOMEOWNERS BY NONPROFIT ORGANIZATIONS. The "Christmas in April" Program is a nationally recognized housing rehabilitation program that rehabilitates sub-standard homes for elderly and handicapped persons. Local Jefferson County business leaders have launched a volunteer program to rehabilitate 30 homes on April 27, 1985, with over 3,000 volunteers from groups and local companies. The ordinance was approved on a motion made by Councilman Moore and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- COUNCILMAN BRUMLEY: There's been much comment regarding my position concerning the Manager's resignation and I want to take a moment to reinforce that position and give you my personal statement. My position represents my thoughts and my thoughts alone. While there are organizations in the community that are actively pursuing routes of action, I've arrived at my decision independently and I believe it is well thought out and I feel comfortable with myself. As I have from the beginning, I am fully committed to the success of this City and its financial recovery. I fully support the contingency plan that's in effect; however, I don't think that it is necessary that all Council members think alike, but rather that they be able to work together and I am committed to working with this Council, with this staff and all the community in the financial recovery of this City. -000- COUNCILMAN SAMUEL: I received information from Margaret Courville, 909 Mariposa, concerning an easement abandonment and I'd like for her to be informed on the status of that. -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 to discuss personnel and legal matters. -000- -36- April 9, 1985 Mrs. Martha Royall, 945 Central; Mrs. Vi McGinnis, 195 E.Caldwood; and Mrs. Sharon Eaves, 5550 Scenic Drive; addressed Council to defend Councilman Brumley's move to call for the dismissal of the City Manager stating that he had a right to represent his constituents without challenge from the Mayor and other Council members. Mr. Aaron Hunter, 6031 Sherman, reported that 5 loads of 60/40 dirt had been used by the City from his yard and replaced with a sand/clay mixture. He requested that he be paid for the 60/40 mixture or that it be properly replaced. Mrs. .Jessie Cooper, 446 Georgetown, addressed Council to complain about the inability of hearing Council during the meetings. Mr. Jim Bunt, Golden Refrigeration Sales Company, read a letter addressed to the City Council, pledging "for every $1.00 of City sales tax we collect the month of March and April and May, we will match it with a $1.00 of our own money." Mr. Landry Roundtree, Landry's Towing, 2110 Magnolia, addressed Council in support of additional workshop discussion of the Wrecker and Tow-away ordinance. Messrs. . Charles Audi, 1451 College and Ric Warchol, 8890 Gerald Drive addressed Council in support of City Manager Nollenberger. Mr. Roberto Flores, 2425 Buchanan, addressed Council to express his concern for the City during the financial crisis. -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 April 9, 1985. Myrtle Corgey City Clerk -37- April 9, 1985 SPECIAL SESSION CITY COUNCIL - CITY OF BEAUMONT HELD APRIL 9, 1985 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in Special Session this the 9th day of April, 1985, with the following present: HONORABLE: William E. Neild 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 Nollenberger City Manager Lane Nichols City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by Dr. Hooper Haygood, pastor of First United Methodist Church. The Pledge of Allegiance was led by Mayor Neild. -000- Ordinance No. 85-40 canvassing returns of the Saturday, April 6th General Election for election of Councilmembers for Wards I, II, III, and IV was considered: ORDINANCE NO. 85-40 ENTITLED AN ORDINANCE CANVASSING THE RETURNS OF THE ELECTION HELD ON THE 6TH DAY OF APRIL, 1985, FOR THE PURPOSE OF ELECTING COUNCILMEMBERS FOR WARDS I, JI, III, AND IV; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Incumbents reelected were: Nell Pruitt Weisbach for Ward I, Mike Brumley for Ward II, Audwin Samuel for turd III and David W. Moore for Ward IV. The ordinance was approved on a motion made by Councilman Deshotel and .seconded by Councilman Turner. Question: Ayes: All Nayes: None -000- -78- April 9, 1985. Oaths of Office were administered to Councilmen Weisbach, Brumley, Samuel and Moore by Myrtle Corgey, City Clerk. -000- MAYOR NEILD: I certainly want to congratulate each of the Councilmen on their reelection and look forward to working together again in the next year or two. COUNCILMAN SAMUEL: First of all, I would like to thank all pf the citizens of Beaumont for getting out to vote and most of all I'd like to thank all the workers that helped me in my reelection and all the citizens that gave me their support. COUNCILMAN WEISBACH: I, too, thank the voters and the people who worked at the polls for me and I thank my husband for eating all those frozen dinners. -000- There being no further business, the meeting was adjourned. -000- I, Myrtle Corgey, City Clerk of the City of Beaumont, Texas, certify that the above is a true copy of the Minuses of the special City Council session held April 9, 1985. Myrtle Corgey City Clerk -000- -79- April 9, 1985