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MIN MAY 07 1985 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MAY 7, 1985 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 7th day of May, 1985, with the following present: HONORABLE: William E. Neild Mayor Joseph D. Deshotel 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 Absent: G. Wayne Turner Councilman At Large Karl Nollenberger City Manager Hugh Earnest Asst. City Manager Lane Nichols City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by Mrs. Mary Workman, First Christian Church of Beaumont. The Pledge of Allegiance was led by Mayor Neild. -000- The following proclamations were issued: Main Street "Preservation Week" - May 12-18, 1985; "ABWA Education Month in Beaumont" - May, 1985; "Texas Nurses Week in Beaumont" - May 5-11, 1985; "Adopt a Black Child Month in Beaumont" - May, 1985; "E. T. Nurse Day" - May 15, 1985; and "Babe Zaharias Memorial Relay Days in Beaumont" - May 7, 8, 9, 14, 15, & 16, 1985. -000- Mayor Neild recognized Byron Jackson and Herbert Thomas. He said "these two gentlemen are the gentlemen who work for the Sanitation Department who were very aware and conscious of the lady who was trapped in her house and did what as they would say what any citizen would do and see that she got out safely. " Letters of commendation from Fire Chief C. A. Shelton to Messrs. Jackson & Thomas were read and presented: (Letter addressed to Byron Jackson read) "I am writing to commend you for the action you took when faced with an emergency situation at 2165 W. Highland Drive on April 26, 1985. Based upon reports from the Fire Department personnel, your actions together with those of Herbert Thomas resulted in saving from possible fatal injury Mary Dunhauser as an elderly lady otherwise unable to vacate the premises. -100- May 7, 1985 (Letter to Byron Jackson continued:) "As Fire Chief, I can appreciate the character required to respond to an emergency involving fire. Your lack of hesitation resulted in a quick rescue with no injuries, for which we can all be thankful. Thank you and best wishes. Sincerely, /s/ C. A. Shelton, Fire Chief Beaumont Fire Department" -000- Presentation was made to the "Kitty to the City" by Jerry Grimes, Director of Promotions for Community Affairs for Channel 4, Rebecca Buard, Channel 4 News Team and Lou Valenta, General Manager of the Golden Gators: REBECCA BUARD: Good afternoon, members of the Council, Mayor and Mr. City Manager. On behalf of KJAC-TV, Channel 4, the News Team and Channel 4's News Team and our own top- ranked Golden Gators Baseball Team, I'd like to tell you about our joint presentation of a check for $511.00 that will be made to representatives to the "Kitty for the City" later this week. Last week, 511 Golden Gators abaseball fans acted on our suggestion that they support Beaumont by coming out to the "Kitty for the City" night with the Golden Gators. The Gators won the game, of course, and kept their promise by donating $1.00 per head to the Kitty. The Gators are committed to Beaumont, that's no secret. They will always be No. 1 in our hearts - even if the League standings don't happen to agree and, of course, as of last night they do. Let's be thankful that the standings do agree for us now. At Channel 4 News at KJAC, we want you the City Council to know that we are committed to Beaumont, too. Almost a year ago we opened a new studio in Beaumont at the InterFirst Tower, another step toward a leader in regional news coverage of Beaumont, Port Arthur, Orange and all of Southeast Texas. We are proud to be here and proud that we could participate in this community-wide effort - "Kitty for the City". We are also proud to be in touch with Beaumont and we want you to know that you can really rely on Channel 4 News in the future. Thank you. LOU VALENTA: Just very briefly, we appreciate the support that the City government of Beaumont as well as the City of Beaumont, the people and the Golden Triangle, have given the Gators in our first three years here. We appreciate that and we hope that this small amount of money that we can give to the "Kitty for the City" shows our support for the program and support for the City itself and for its continued well being. Thank you very much. (T-shirts were presented to the Mayor & City Council. ) -101- May 7, 1985 The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held April 23, 1985; Resolution 85-121 appointing Roberto Flores to the Clean Community Commission, term to expire September 30, 1986; Resolution 85-122 authorizing an annual contract with Great Southern Elevators to furnish elevator maintenance in City Hall, the Police Building, the Beaumont Public Library, Julie Rogers Theatre (one elevator and one orchestra lift) and the Civic Center for a one year period commencing May 7, 1985; Resolution 85-123 authorizing purchase of 200 gallons of epoxy marker adhesive for the Street Division from Saf-T-Mark Supply Company, Inc. , of Tyler in an amount $3,398.00; Resolution 85-124 accepting water improvements in Lots 1-33, Block 4 and Lots 1- 20, Block 5 and street improvements for portions of Shady Holly Lane, Rollingbrook Lane, Foxbriar Lane, Arbor Wood Lane, Briar Court and Live Oak Trail in Briar Creek Addition II for City maintenance; Resolution 85-125 authorizing payment of $2,336.75 to Municipal Code Corporation for Supplement No. 34 to the Code of Ordinances for the City of Beaumont; Resolution 85-126 authorizing Change Order No. 1 to the contract with Bernhard Associates for the Water Treatment Plant chemical feed equipment by furnishing repair kits in place of the spare parts required by the contract at a credit to the City of $994.00 (revised contract - $52,682.00); Resoluiton 85-127 accepting two lots out of City Plat "K" located on Sabine Pass and Flowers Street from Mrs. H. E. Kennedy and other owners; and Resolution 85-128 authorizing acquisition of three parcels of property for the Spur 380 Project: Parcel No. 227, a 8,965 square foot tract out of Lots 11, 12 & 13, Block 15 of the Ogden Addition from Mr. L. J. Rouen and Mrs. Myra Glynn Rouen Stewart at $17,000; Parcel No. 234, a 6,743 square foot tract ouf of Lot 6, Block 12 of the Blanchette 2nd Addition from Mr. James Harold Blackwell at $13,500; and Parcel No. 236, a 6,761 square foot tract ouf of Lot 4, Block 12 of the Blanchette 2nd Addition from Westside Church of Christ of Beaumont at $7,775. The Consent Agenda was approved on a motion made by Councilman Moore and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- -102- May 7, 1985 The third and final reading of Ordinance No. 85-50, franchise ordinance, with Southwestern Bell Telephone Company was held: ORDINANCE NO. 85-50 AN ORDINANCE GRANTING TO SOUTHWESTERN BELL TELEPHONE COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT PRIVILEGE AND FRANCHISE TO USE THE CSITY'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 COMMUNICATION SYSTEM; PRESCRIBING THE CONDITIONS GOVERNING THE OPERATION OF THE BUSINESS; RETAINING ALL RIGHTS OF CITY TO REGULATE THE LOCATION OF COMPANY'S FACILITIES 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; RESERVING 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 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 CSITY; AND PROVIDING FOR ACCEPTANCE BY THE COMPANY. The ordinance was approved on a motion made by Councilman Brumley and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- -103- May 7, 1985 Resolution 85-129 authorizing payment of $21 ,999.82 to Kohler & Kohler, Consulting Engineers, for additional engineering services relating to the Phelan Boulevard Extension Project was approved on a motion made by Councilman Brumley and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Resolution 85-130 amending an engineering services contract with Garrod & Dartez, Consulting Engineers, for the Liberty/Laurel Phase II Street Project by adding the reconstruction of certain sidewalks and 64 storm sewer inlets, increasing total engineering services contract amount from $80,000 to $100,000 was approved on a motion made by Councilman Deshotel and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution 85-131 authorizing purchase of curb stops and angle stops for use by the Water Utilities Department from Municipal Pipe and Fabricating Company of Houston at $27,879.00 was approved on a motion made by Councilman Moore and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- Resolution 85-132 authorizing purchase of two transmitter base stations for use at the Police Department from General Electric Mobile Communications Division at $13,192.00 was approved on a motion made by Councilman Brumley and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Resolution 85-133 authorizing execution of an agreement with Santa Fe Railway Company relating to the railroad track on College Street west of Fourth Street (Colelge Street TIP) was approved on a motion made by Councilman Samuel and seconded on a motion made by Councilman Weisbach. Question: Ayes: All Nayes: None -000- Resolution 85-134 authorizing an annual contract with Nick's Grass Cutting Services, Inc. , for mowing and clearing lots in an amount of $.0029 per square foot for vacant lots and $.0056 per square foot for developed lots was approved on a motion made by Councilman Deshotel and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- -104- May 7, 1985 Resolution 85-135 accepting the Shelby Drive Paving/Riggs Street Drainage Participation Project as complete and authorizing final payment to Russ Miller Construction Company in the amount of $10,292.82 (completed project cost - $205,856.35 with City's share at $170,293.51) was approved on a motion made by Councilman Brumley and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Resolution 85-136 authorizing purchase of two used 300 megabyte storage modules for the Data Processing Division from Helena Laboratories at $11,800.00 was approved on a motion made by Councilman Weisbach and seconded by Councilman Deshotel. Question: Ayes: Mayor Neild Abstained: Councilman Moore Councilman Deshotel Councilman Weisbach Councilman Brumley Councilman Samuel -000- Resolution 85-137 authorizing revision of the Interlocal Agreement between the City and Drainage District 6 for engineering services in connection with the drainage study of the Upper Hillebrandt Bayou Watershed to provide for the 25- year and the 10-year frequency storm runoff instead of the 100-year and 25-year frequency runoff previously agreed upon was approved on a motion made by Councilman Samuel and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Councilman Moore reported that repairs are needed in the 2400 Block of S. 4th Street and asked that the Street Department investigate. -000- In response to recent questions by citizens and news coverage of the issuance of warrants of arrest for outstanding traffic violations, City Manager Nollengerber explained policies and procedures involved before warrants are actually issued. -000- Mrs. Colleen Church, 9235 Broun, addressed Council to complain about alleged treatment by Judge Davis and Municipal Court over an outstanding traffic warrant. Mrs. Billye Gordon Rogers, 747 Cartwright, and Mrs. Jessie Cooper, 446 Georgetown, addressed Council to question the current status of warrant data and request tightening of procedures in handling information. Messrs. C. L. Sherman, 3010 Washington Boulevard, Chairman of the Tax Reduction Committee, Josh Allen, 4750 Chadwick and David Snyder, 5822 Meadow Way, addressed City Council in opposition to the proposed increase in the sales tax for the City and in support of lowering property taxes. -105- May 7, 1985 Mr. Lindsey Walker, attorney, addressed Council to report that he had "petitions signed by a number of people sufficient to call for the adoption of an ordinance by the City dedicating the Delaware Street (former site of the TB Hospital) property as a public park, subject to the outstanding Art Museum leases" to be presented at next Tuesday's Council session. Mr. Bob Parsons, Urban Group, Santa Barbara, California, addressed Council to report status of the rehabilitation of the Beaumont Retirement Hotel. Mr. Roberto Flores, 2425 Buchanan, addressed Council in support of the proposed sales tax increase that would benefit the Transit System. Mr. Dan Kohlhofer, 855 Howell, addressed Council to question bonding company liability in the additional monies needed for completion of the Phelan Boulevard TIP Project. Mr. Carl Birdsong, 845 Wisteria, addressed Council in opposition to the proposed increase in sales tax. Mr. Dick Hausner, 5955 Townhouse Lane, addressed Council to request that Council ask the Tax Appraisal Board to immediately do a complete reappraisal of properties in the City of Beaumont. Mrs. Martha Royall, 945 Central, asked that the City Council hold a joint open forum with the Jefferson County Appraisal Board for the benefit of citizens. -000- There being no further business, the meeting was recessed before continuing with the City Council Workshop Session. An Executive Session was called to be held immediately following the Workshop Session. The meeting was reconvened. A motion to file suit against Bradford Trust in the Southern District Court of Florida was made by Councilman Brumley and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None 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 Minutes of the regular City Council session held May 7, 1985. Myrtle Corgey City Clerk --106- May 7, 1985