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MIN APR 23 1985 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD APRIL 23, 1985 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 23rd 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 Mike Brumley Councilman, Ward II Audwin Samuel Councilman, Ward III Absent: Nell Pruitt Weisbach Councilman, Ward I David W. Moore Councilman, Ward IV Karl Nollenberger City Manager Hugh Earnest Asst. City Manager Lane Nichols City Attorney -000- The Invocation was given by the Reverend Wayne Middleton, Trinity United Methodist Church. The Pledge of Allegiance was led by Mayor Neild. -000- The following proclamations were issued: Beta Sigma Phi's "Founder's Day in Beaumont" - April 30, 1985; "Respect for Law Week in Beaumont" - May 6-13, 1985; "Clean Air Week in Beaumont" - April 28 - May 4, 1985; "Drinking Water Week in Beaumont" - May 5-11, 1985; "Small Business Week in Beaumont" - May 5-11, 1985; "Mental Health Month in Beaumont" - May, 1985; "Law Week 'USA in Beaumont" - April 29 - May 3, 1985; and "YMBL Rodeo Week in Beaumont" - week of May 1st. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held April 19, 1985; Resolution 85-114 authorizing Change Order No. 1 in the amount of $622.24 to adjust actual quantities of pipe and material installed and final payment of $5,132.49 to Jim Walters Construction Company, Inc. , for Water System Improvements (revised contract - $87,219.78) ; Resolution 85-115 authorizing a vote for Hugh Earnest for a position on the 15- member Board of the Texas Municipal League Insurance Trust Fund Board for a three-year term expiring May 1, 1988; and -93- April 23, 1985 Resolution 85-116 approving the pledge of collateral for City depositories: First City National Bank of Beaumont to pledge $10,500,000 to protect the deposits of the City; and Allied Bank of Texas to pledge $1,000,000; InterFirst Bank, Beaumont, to pledge $900,000 and Parkdale Bank to pledge $500,000 to protect investments of the City. The Consent Agenda was approved on a motion made by Councilman Deshotel and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- An ordinance changing the zoning from R-3 (Modified Two Family and Multiple Family Dwelling) district and RM-H (Residential Multiple Family Dwelling - Highest Density) district to NC (Neighborhood Commercial) district on property at 2625-2627 Laurel and 2640 South (requested by Dr. Kris Bhat) 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 R-3 (MODIFIED TWO FAMILY AND MULTIPLE FAMILY DWELLING DISTRICT) AND RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING - HIGHEST DENSITY DISTRICT) TO NC (NEIGHBORHOOD COMMERCIAL DISTRICT) FOR PROPERTY LOCATED AT 2625-2627 LAUREL AND 2649 SOUTH; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was denied on a motion made by Councilman Brumley and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- A resolution authorizing deed restrictions on property located on the northeast corner of French Road and Delaware Street (former TB Hospital site) and An ordinance changing the zoning from RS (Residential Single Family Dwelling) district to OP (Office Park) for property on the northeast corner of French Road and Delaware were 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 -94- April 23, 1985 BEAUMONT, TEXAS, BY CHANGING THE ZONING FROM RS (RESIDENTIAL SINGLE FAMILY DISTRICT) TO OP (OFFICE PARK DISTRICT) FOR PROPERTY LOCATED ON THE NORTHEAST CORNER OF FRENCH ROAD AND DELAWARE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The resolution and ordinance were deferred until consideration by full Council on a motion made by Councilman Turner and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Ordinance No. 85-46 correcting Ordinance 84-26, abandoning rights-of-way for portions of Cartwright, Roberts, Twelfth and Terrell Streets, by deleting the reference to retention of general utility easements (requested by Carl Kohler) was considered: ORDINANCE NO. 85-46 ENTITLED AN ORDINANCE AMENDING ORDINANCE 84-26 CONCERNING THE ABANDONMENT OF 12TH STREET FROM CORLEY AVENUE SOUTH TO TERRELL STREET AND PORTIONS OF CARTWRIGHT, ROBERTS AND TERRELL STREETS, BEAUMONT, JEFFERSON COUNTY, TEXAS. The ordinance was approved on a motion made by Councilman Samuel and seconded by Councilman Deshotel. Question: Ayes: All Nayes: -000- Ordinance No. 85-47 authorizing the issuance of $7.4 million in Waterworks and Sewer System Certificates of Obligation (Series 1985-A in the amount of $484,000 at 9.25 percent and Series 1985-B in the amount of $6.916 million at 9.35 percent will mature September 1, 1990) was considered: ORDINANCE NO. 85-47 ORDINANCE AUTHORIZING THE ISSUANCE OF $484,000 THE CITY OF BEAUMONT WATERWORKS AND SEWER SYSTEM CERTIFICATES OF OBLIGATION, SERIES 1985-A, AND $6,916,000 THE CITY OF BEAUMONT WATERWORKS AND SEWER SYSTEM CERTIFICATES OF OBLIGATION, SERIES 1985-B. The ordinance was approved on a motion made by Councilman Turner and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -95- April 23, 1985 Ordinance No. 85-48 amending wrecker regulations was considered: ORDINANCE NO. 85-48 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. and Ordinance 85-49 establishing wrecker tow-away fees was considered: ORDINANCE NO. 85-49 ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-40(F) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO INCREASE THE BASE TOWING CHARGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. After a discussion concerning the need to regulate emergency tows, City Manager Nollenberger said that an alternatives report for a future work session describing how other cities deal with a particular issue of everything from regulation to bidding of towing services, wrecker services, specifically at accidenty scenes would be prepared. The ordinances were approved on a motion made by Councilman Deshotel and seconded by Councilman Samuel. Question: Ayes: Mayor Neild Nayes: Councilman Turner Councilman Councilman Brumley Deshotel Councilman Samuel -000- Resolution 85-117 awarding contracts for the demolition and removal of nine structures: Ace Clark Construction for 2235 Cottonwood at $1,150, 2235 Cottonwood Rear at $75, 731 Cuniff at $500, 845 Devilleneuve at $1,300 and 1354 Forrest at $650; Richard G. Lyons for 2865 Harriott at $775; Lombardo's Tree Service for 2932 Houston Garage at $450 and 3560 Pradice at $780 and Davis Enterprises for 1409 Liberty at $2,213.70 was approved on a motion made by Councilman Brumley and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Resolution 85-118 awarding a contract to Doty Construction Company at $67,141.60 for construction of the Westgate Participation Project from Major Drive 975 feet east (Sam C. Parigi, Jr. , Trustee, Developer, and Kohler and Kohler, Consulting Engineers - City's share $27,225.77) was approved on a motion made by Councilman Brumley and seconded by Councilman Turner. Question: Ayes: All Nayes: None -96- April 23, 1985 A resolution authorizing payment of $21,999.82 to Kohler and Kohler for additional engineering services relating to the Phelan Boulevard TIP Project was deferred on a motion made by Councilman Turner and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Resolution 85-120 authorizing settlement of eminent domain cases was deferred until after Executive Session. -000- Resolution 85-119 authorizing purchase of Parcel 236, 6,761 square foot out of Lot 4, Block 21, Blanchette 2nd Addition, from Westside Church of Christ for $7,775.00 for the Spur 380 Project, Phase III; authorizing granting an easement to Kansas City Southern Railroad Company for relocation of their railroad facilities; and authorizing execution of a deed conveying the property to the State of Texas subject to the easement was approved on a motion made by Councilman Turner and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Mayor Neild acknowledged the Health Department for their rummage sale and the $621.00 for the Kitty for the City. MAYOR NEILD: Joe (Deshotel) and I, this morning, had an opportunity to go out to Blanchette Elementary School to meet Sylvestor the Cat and, as Joe will tell you, that was a real fine experience where an Elementary School had cut yards, collected aluminum cans, done laundry and you name it, they had done it for the last week or so. These are what - first through fifth graders, maybe. We went into the auditorium this morning, or the gymnasium, with 600 well-behaved young children or young citizens who sang a song that was prepared by a teacher outthere to "Yellow Rose of Texas" about the City of Beaumont and then did a yell for Beaumont spelling it out and the meaning for each letter and then four of the young citizens got up and gave citizenship talks - had several cheers and then each class came forward and dumped into a pickle, a plastic container, some $626.65 and then, at the end, we all sang "We the Children of the World". And, I want to tell you there weren't many dry eyes in that auditorium this morning. I think, as Joe said, these young citizens have shown us adults something about the meaning of challenge and togetherness and I thank them personally as we did for the entire Council. It was quite a moving event and we enjoyed it immensely. -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. -97- April 23, 1985 Mrs. Delia Harrington, 815 Willow Street, addressed Council to speak in support of the City administration. Mrs. Martha Royall, 945 Central Drive, addressed Council to speak in opposition to the Clean Community Commission's recommendation to Council for a full-time paid Commissioner and an Environmental Court to handle ordinance violations. Mrs. Bernice Randle, 4480 Booker, addressed Council to suggest various ways to improve Beaumont: make a City park more attractive by developing it as an amusement park with rides, fast foods such as hotdogs, hamburgers, ice cream, etc. ; and a drug store and vegetable stand for downtown. Mr. Glen Butler, 3522 Washington Boulevard, addressed Council to question the proposed wrecker ordinances. Members of the Downtown Development Group of Leadership Beaumont, a program under the sponsorship of the Chamber of Commerce - Bill Shannon, Cindy Mooney, Sandy Franklin, Mitzi Vorachek, Dave Cauble and Tyrone Cooper - addressed Council as a token of faith in Beaumont joined the efforts already underway by pledging to sell beautifully designed T-shirts with an emblem signifying "a restored City waiting for us somewhere over the rainbow if only we believe in Beaumont" for $10.00 each and donating the proceeds to the Kitty for the City. T-shirts were presented to the Mayor and City Council. Mr. Lindsey Walker, attorney representing East Texas Nature Club, addressed Council to say that a referendum will be initiated immediately to have the former site of the TB Hospital located on Delaware dedicated by the City as a park. Mr. Roberto Flores, 2425 Buchanan, addressed Council in opposition to commercial development of the Delaware Street property. -000- There being no further business, the meeting was recessed before continuing with the City Council Workshop Session. The meeting was reconvened after Workshop Session and Executive Session with the following present: HONORABLE: William E. Neild Mayor Joseph D. Deshotel Councilman At Large G. Wayne Turner Councilman At Large Mike Brumley Councilman, Ward II Audwin Samuel Councilman, Ward III Absent: Nell Pruitt Weisbach Councilman, Ward I David W. Moore Councilman, Ward IV Karl Nollenberger City Manager Lane Nichols City Attorney Tyrone Cooper Asst. City Attorney -98- April 23, 1985 Resolution 85-120 authorizing settlement of eminent domain cases styled City of Beaumont vs. Violet G. O'Fiel, Cause No. 42832 in the amount of $3,350; City of Beaumont vs. Violet O'Fiel, Cause No. 42635 in the amount of $15,115; and City of Beaumont vs. Joe O'Fiel, Cause No. 42855 in the amount of $9,401.70 was approved on a motion made by Councilman Brumley and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- The meeting was adjourned. -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 April 23, 1985. Rosemarie Chiappetta Deputy City Clerk -99- April 23, 1985