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MIN MAY 14 1985 h REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MAY 14, 1985 - 5:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 14th day of May, 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 Manager Lane Nichols City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Reverend Earl Baugh, pastor of 11th Street Baptist Church. The Pledge of Allegiance was led by Mayor Neild. -000- The following proclamations were issued: "National Nursing Home Week in Beaumont" - May 12-18, 1985; "Better Hearing and Speech Month" - May, 1985; "Shatter Silence Week in Beaumont" - May 13-19, 1985; "Mental Health Day" - May 16, 1985; and "Buddy Poppy Week" - May 19-25, 1985. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held May 7, 1985; Resolution 85-138 authorizing purchase of two parcels (Parcel 235, a 6,753 square foot tract out of Lot 5, Block 12, Blanchette 2nd Addition from Maurice and Eloise Vickery at $35,000.00 and Parcel 222, a 6,495 square foot tract out of the David Brown League, Abstract 5, being all of Lot 6, Block 15 of the Ogden Addition from Richard and Sandra Hoefs at $19,490) for the Spur 380 Project, Phase III; authorizing the City Manager to grant 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, subject to the easement; -108- May 14, 1985 Resolution 85-139 authorizing purchase of 15,000 pounds of rubber asphalt sealing compound for the Street Division from Crafco Texas, Inc. at $0.285 per pound or $4,275.00; Resolution 85-140 authorizing execution of a lease agreement with the Jefferson Theatre Preservation Society to lease the Jefferson Theatre for a term of ten (10) years and execution of a lease agreement with the Beaumont Community Players as "Prime Tenant" at the Jefferson Theatre; Resolution 85-141 authorizing allocation of hotel/motel occupancy tax funds to Historic Museums: Babe Didrikson Zaharias Museum at $7,250, Spindletop Museum & Gladys City Boomtown at $6,000 and Beaumont Heritage Society Historic Tours at $10,000; and Resolutiion 85-142 approving an application to Housing and Urban Development for front-end funding in an amount not to exceed $17,502 for the Housing Authority for surveys and planning in connection with low-cost housing projects of not to exceed approximately 31 three or four bedroom single family houses. The Consent Agenda was approved on a motion made by Councilman Moore and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- A public hearing to consider approval of the 1985 Community Development Block Grant Final Statement of Objectives and Projected Use of Fund was held. CITY MANAGER NOLLENBERGER: The first item on the agenda today is a public hearing and subsequent to the public hearing you'll be considering a resolution relating to the 1985 Community Development Block Grant Final Statement of Objectives and Projected Use of Funds and I've asked Sherrell Cockrell, Director of Community Development, to briefly outline the issues that are going to be the subject of the public hearing today. SHERRELL COCKRELL: The total budget for this year's Statement is $2,197,827.85. . . the total budget for this year's projected use of funds for our 1985 Program Year under the Community Development Block Grant Program is $2,197,827.85. The Citizen's Advisory Committee voted in a vote of 10 to 4 to fund the following proposed projects: Rehab Loans and Grants - recommendation is for $979,153.85; the Rehabilitation Loan and Grant Program is for rehabilitation of loans and grants in our Community Development Strategy Area, would fund approximately 40 rehab loans at $18,000 per loan and the grants would be approximately $100,000 allocated for grants only at $10,000 per grant. In addition to that, at least 15 percent of the funds may be used for administration costs for the Housing Rehab Program. The Citizens Advisory Committee recommended $32,000 in the -109- May 14, 1985 l MS. COCKRELL continued: budget for the Code Enforcement for a Minimum Housing Code Inspector to inspect minimum housing codes in the Community Development Strategy Area. It is recommended that at least $70,000 would be allocated in the budget for the Neighborhood Services Program which is a non-for-profit corporation that handles revolving loan funds or rehab loans in that targeted neighborhood. Approximately 7 loans would be made out of the $70,000. In addition to the $70,000, $30,000 would be allocated for administration costs for that program. The Downtown Facade Improvement Revolving Loan Fund is another project to be funded in that budget for $150,000. This program would be to establish a revolving loan fund which would offer low interest loans to the downtown property owners for improvements on the facade of their properties. $88,000 would be included in the budget for Social Service Facility Relhab. The Social Service agencies would request funding to rehabilitate their facilities. The Historic Preservation Revolving Loan Fund is also included in the budget for $50,000. The funds would be used to make a loan to maintain Beaumont's past and cultural heritage by rehabilitation of historical properties. $100,000 is included in the budget for special activities for the Innovative Housing Development Corporation to make funds available for the down payment and housing costs for existing houses in the Community Development Strategy Area and outside the Strategy Area - at least $15,000 would be used toward each unit that would be purchased inside the Community Development Strategy Area and $9,500 for each unit outside. The Public Service category, at least $6,000 is included in the budget to provide for such services to low and moderate income families as crime prevention, child care, health, drug abuse, education, energy conservation, welfare or recreational needs. New construction of City owned facilities - at least $100,000 will be included in the budget to continue the funding of an addition to the Beaumont Health Clinic. Rehabilitation of a City- owned facility - $100,000 included for the funds to rehabilitate the Best Years Center which would offer a wide range of recreational and informational services to approximately 3,850 senior citizens. Under the Economic Development Activity, at least $190,000 allocated to establish a revolving loan fund to assist small businesses. The revolving loan fund would be a joint venture between the public sector and the local banks to enable small businesses to obtain 100 percent financing for fixed assets, land or building acquisition, construction or renovation, equipment purchases, lease/hold investments or supplemental cash flow. At least $36,000 is allocated in the budget for Planning and Management. These funds will be used for salaries and benefits for the continued employment of a neighborhood planner. The neighborhod planner's responsibilities will be to continue producing neighborhood redevelopment plans for the Community Development strategy areas. Administration, at least $266,674 will be included in the budget. These funds will be used for on-going general program administration which includes maintaining the financial records and program files; preparing statements, all necessary reports, audits, coordination of all activities funded under the Community Development Block Grant Program; and also would provide for salaries and benefits and operating expenses for 4 planners, a housing rehabilitation administrator, a secretary and an accountant. -110- May 14, 1985 MAYOR NEILD: Thank you, Sherrell. There are a number of you here that may not have participated in a Council Session before. I would like, before we call the public hearing, to explain a little bit. The information that was provided, this Council workshops the week before and a very thorough discussion of the various items that were presented today to the Council in a formal session so that you know that most of this goes under quite a bit of scrutiny. This takes place the week prior to the formal voting on the matter and at that time the staff explains and justifies the process that it-s gone through from the standpoint of a 21-member Citizens Activity Committee that commits these funds to various areas. Of course, the Council always has the final say so as to the formal dedication of these funds but it is a very long process and by a number of volunteer hours by citizens who serve throughout the year on this Citizens Activity Committee, on the Block Grant Committee. So, with that, I will call a public hearing at this time with the approval of the 1985 Community Development Block Grant Final Statement of Objectives and the projected use of those funds and if there is anyone that would like to speak to the Council - address the Council in this public hearing in connection with this item only, we would be glad to receive you at this time at the podium. There not being anyone, then I will declare the public hearing closed. Resolution 85-143 authorizing submission of the 1985 Community Development Block Grant Final Statement of Objectives and Projected Use of Funds for $2,197,827.85 to the Department of Housing and Urban Development was approved on a motion made by Councilman Deshotel and Councilman Brumley. Question: Ayes: All Nayes: None -000- Resolution 85-144 authorizing deed restrictions on 19.9 acres of property located on the northeast corner of French Road and Delaware was approved on a motion made by Councilman Turner and seconded by Councilman Brumley. Question: Ayes: Councilman Abstained: Mayor Neild Deshotel Councilman Turner Councilman Weisbach Councilman Brumley Councilman Samuel Councilman Moore -000- Ordinance No. 85-51 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 was considered: -111- May 14, 1985 ORDINANCE NO. 85-51 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 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 ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Brumley. Question: Ayes: Councilman Abstained: Mayor Neild Deshotel Councilman Turner Councilman Weisbach Councilman Brumley Councilman Samuel Councilman Moore -000- The first reading of an ordinance annexing 85.8 acres abutting the western City limits at Washington Boulevard was considered: AN ORDINANCE ENTITLED AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE THE SAID PROPERTY WITHIN THE CITY LIMITS, AND GRANTING THE SAID TERRITORY AND TO ALL FUTURE INHABITANTS THEREOF ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS; AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY. The ordinance was passed to its 2nd and final reading on a motion made by Councilman Weisbach and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- An Ordinance changing the zoning from R-3 (Modified Two Family and Multiple Dwelling) district to GC-MD (General Commercial Multiple Family Dwelling) district on property on the southeast corner of Laurel and Sixth Streets (requested by Donald W. Duester to establish a print shop) was considered: -112- May 14, 1985 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) TO GC-MD (GENERAL COMMERCIAL - MULTIPLE DWELLING DISTRICT) FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF LAUREL AND SIXTH STREETS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was deferred for action two weeks at the request of the applicant. -000- Ordinance No. 85-52 granting a Specific Use Permit to build professional offices in an RM-H (Residential Multiple Dwelling-Highest Density) district on property in the 4100 Block of Delaware on the north side (requsted by Kenneth Ruddy) was considered: ORDINANCE NO. 85-52 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO BUILD PROFESSIONAL OFFICES ON PROPERTY LOCATED IN THE 4100 BLOCK OF DELAWARE ON THE NORTH SIDE. The ordinance was approved on a motion made by Councilman Samuel and seconded by Councilman Moore. Question: Ayes: Councilman Nayes: Mayor Neild Deshotel Councilman Turner Councilman Weisbach Councilman Brumley Councilman Samuel Councilman Moore -000- Ordinance No. 85-53 granting a Specific Use Permit to establish an auto body shop in a GC-MD (General Commercial Multiple Family Dwelling) district on property at the corner of Brock and Goldsboro Streets (requested by Ed Arredondo) was considered: -113- May 14, 1985 ORDINANCE NO. 85-53 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR AN AUTO BODY SHOP ON PROPERTY LOCATED ON THE CORNER OF BROCK AND GOLDSBORO STREETS. The ordinance was approved on a motion made by Councilman Samuel and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Ordinance No. 85-54 abandoning an 8-foot general utility easement in Lots 83 and 84, Calder Terrace Addition (requested by Robert K. Wade to build a single family residence) was considered: ORDINANCE NO. 85-54 ENTITLED AN ORDINANCE ABANDONING AN 8-FOOT GENERAL UTILITY EASEMENT IN LOTS 83 AND 84, CALDER TERRACE 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- Ordinance No. 85-55 abandoning a 600-foot portion of Cartwright Street right-of- way excluding west from 11th Street (requested by the Reverend B. H. Clendennon, pastor of Victory Temple Church) was considred: ORDINANCE NO. 85-55 ENTITLED AN ORDINANCE VACATING AND ABANDON- ING A 600-FOOT PORTION OF CARTWRIGHT STREET. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question: Ayes: All Nayes: None -000- Ordinance No. 85-56 amending Article III, Sections 14-50, 14-51, 14-54, and 14- 55 of the City Code, relating to dangerous structures was considered: -114- May 14, 1985 ORDINANCE NO. 85-56 ENTITLED AN ORDINANCE AMENDING CHAPTER 14, ARTICLE III CONCERNING DANGEROUS STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Turner and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Resolution 85-145 authorizing purchase of 140 drums of hydraulic oil from Texas Surplus Property, a State agency, at $76.00 per drum or $10,640.00 total with no drum deposits required was approved on a motion made by Councilman Weisbach and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution 85-146 authorizing purchase of four (4) one-megabyte memory boards from EMC Corporation at $6,000.00 and a maintenance agreement at $1,140.00 with Prime Computer, Inc. for the Data Processing Division was approved on a motion made by Councilman Turner and seconded by Councilman Weisbach. Question: Ayes: Mayor Neild Abstained: Councilman Moore Councilman Deshotel Councilman Turner Councilman Weisbach Councilman Brumley Councilman Samuel -000- Councilman Joseph D. Deshotel was renamed Mayor Pro Tem on a motion made by Councilman Turner and seconded by Councilman Brumley. Question: Ayes: All Nayes: None Councilman Turner reported a problem area at 780 Craig as a result of the resurfacing of Conrad between Craig and Royal which has not been completed. After a discussion concerning an additional payment that had been approved for Kohler and Kohler, Consulting Engineers for the Phelan Boulevard TIP Project, Councilman Turner stated "when we take hard money bids on contracts and we have non-performance or failure by a contractor, we require bonding of the contractor; we also require the services be hard money bid by the engineering contractor that's also used as consultant and both bids are bid relative to hard money completion items and I'd be real hesitant to see this Council move in any other direction than once we have those monies appropriated for those projects that we would do anything above and beyond for either the contractor or the engineering consultanting firm relative to that type of project unless it can be something . . . where a stand can be taken against the bonding company. -115- May 14, 1985 Councilman Samuel reported complaints from owners of property at 275/285 and 265 Vestal concerning people loitering at a residence at 255 Vestal that is vacant with no connected utilities; complaints about the completion of repairs to Helbig Road and asked that the public address system in the Council Chambers be checked for better efficiency. Councilman Moore reported the need for repairs to the road leading into the Lafin Road Landfill from Fannett Road and South 11th. He also requested information on the responsibility for the large open ditch or canal between S. 8th and S. 11th that is retaining about three (3) feet of water. -000- Mayor Neild called an Executive Session, pursuant to Section II of the Texas Open Meetings Act, to be held immediately following the regular session. -000- Mrs. Kay Paris, Executive Director of the Beaumont Art Museum, and Mr. Jack McNeill, president of the Board of Trustees for the Beaumont Art Museum, addressed Council in appreciation of the action taken today concerning the Delaware property. Mrs. Barbara Washington, 4890 Chinquapin, addressed Council to request a park for her area. Mr. Lindsey Walker, attorney representing the East Texas Nature Club, submitted a petition, containing 1675 signatures, entitled: °PETITION FOR INITIATIVE REFERENDUM We, the undersigned, duly qualified electors of the City of Beaumont, propose that the following ordinance be adopted: BE IT ORDAINED BY THE CITY OF BEAUMONT that that certain tract of land known as the old Jefferson County Hospital T.B. Site on Delaware Street and described by metes and bounds in three (3) several deeds from the County of Jefferson to the City of Beaumont respectively recorded in Vol. 2306, Pg. 447 et seq, Vol. 2379, Pg. 49 et seq, and film code 4100-12-0212 et seq in the Deed Records and office of the County Clerk of Jefferson County, Texas, be dedicated to passive public purposes as defined in said deeds, subject only to the terms of those three several leases covering said property between the City of Beaumont and Beaumont Art Museum." Mrs. Cindy Meyers, 5885 Piccadilly, addressed Council in support of the Delaware property being made a park. Mr. Godfrey Leggett, 185 Marceline, addressed Council to complain about poor drainage caused by raised culverts at the intersection of Calder and Marceline. -116- May 14, 1985 Mr. Herman Davis, 790 Amarillo, addressed Council to request water fountains and restroom facilities for Liberia Park, and improvement of street lighting, drainage, and sidewalks in his area. Dr. Gary Baine, 3130 North Street, addressed Council to strongly request "that this Council, A. not even consider any further measures that would in any way cause more burden on the shoulders of the good and hard-working, loyal citizens of our City and B. that we roll back and decrease our proposed budget by at least 10 percent and to seriously investigate all legitimate avenues to eliminate waste, repetition and unnecessary services in the City." Mr. Reggie Johnson, 1515 Emile, addressed Council to complain about alledged traffic violations and misuse of equipment by Police Officers. Mr. C. L. Sherman, 2900 Washington, addressed Council in opposition to the proposed sales tax increase. Mr. Henry Dannenbaum, representing St. Mark's Church, addressed Council to speak his concerns for the needy in Beaumont. -000- There being no further business, the meeting was recessed before holding the Executive 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 May 14, 1985. Myrtle Corgey City Clerk -117- May 14, 1985