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MIN MAY 28 1985 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MAY 28, 1985 - 1 :15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 28th 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 Weldon Langley, pastor of First Baptist Church. The Pledge of Allegiance was led by Mayor Neild -000- Proclamations were issued: "Bid Resource Center 2nd Anniversary Day - May 29,, 1985; "Management Week in Beaumont" - June 2-8,, 1985; "Street Rodders Week" - May 27 - June 2, 1985; "Safe Boating Week in Beaumont" - June 2-8f 1985 and Sexual Assault Awareness Week in Beaumont" - June 2-8, 1985. -000- Mayor Neild welcomed three (3) classes of 5th grade students from Dick Dowling Elementary School to today's session. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held May 14, 1985; -118- May 28, 1985 Resolution 85-147 authorizing various banks (Texas Commerce Bank, InterFirst Bank, InterFirst Bank West, First City National Bank, First City National Bank - Central, First City National Bank - Gateway, Lamar State Bank, Parkdale Bank, M-Bank, Allied Bank and Beaumont Bank) as depositories for payment of water utility bills and authorizing Karl Nollenberger, City Manager; Hugh Earnest, Assistant City Manager; and Myrtle Corgey, City Clerk as signatories; Resolution 85-148 authorizing use of facsimile signatures of Karl Nollenberger, City Manager; Hugh Earnest, Assistant City Manager; and Myrtle Corgey, City Clerk at First City National Bank for the City's accounts; Resolution 85-149 authorizing official signature cards with First City National Bank for Tax Collection Agency Escrow Account No. 02903474 naming Lucy Blackstock, Hugh Earnest and Karl Nollenberger as signatories; Resolution 85-150 authorizing First City National Bank to release $5,000 ,000 and to pledge $2,000 ,000; Parkdale Bank to pledge $500,000; Spindletop Savings and Loan to pledge $904,917.51; Allied Bank to pledge $1 ,000 ,000; MBank to pledge $550,000 and Texas Commerce Bank to pledge $1,500 ,000; and Resolution 85-151 approving a maintenance agreement with Rusco Electronics at $1 ,696 .00 for the remainder of the year for the automated fueling system installed at both the Self-Service Center on Langham Road and the Service Center on Concord Road. The Consent Agenda was approved on a motion made by Councilman Brumley 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 Dwelling ) district on property on the southeast corner of Laurel and Sixth Streets (requested by Donald W. Duesler to establish a print shop) 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 -119- May 28, 1985 CHANGING THE ZONING FROM R-3 (MODIFIED TWO-FAMILY AND MULTIPLE 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 denied on a motion made by Councilman and seconded by Mayor Neild. Question: Ayes: All Nayes: None -000- MAYOR NEILD: This is a little irregular, but Jesse (Jesse Torres, Assistant Planning Director) will be leaving us here pretty soon and you had the opportunity to do one of the more difficult jobs in City Hall and there are lots of those. I know I had the opportunity to work with you through the planning document with Bruce (Bruce McClenden, former director of Planning) when he was here and we'll miss you and wish you the best in your new assignment in Austin. COUNCILMAN BRUMLEY: I 'll second that. I was along with Bill when he was on the Planning Commission. I shook hands with Jesse and met him and the next thing I knew Jesse and I were in the old City Auditorium with a mass of people that were very hostile toward a document that we were trying to prepare for them and I think Jesse's done a tremendous job and has served the City real well. -000- Ordinance No. 85-57 adopting the Retail Food Store Sanitation Code was considered: ORDINANCE N0, 85-57 ENTITLED AN ORDINANCE AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO PROVIDE AN EXEMPTION FROM THE FOOD MANAGER'S CERTIFICATION PROGRAM FOR FOOD SERVICE ESTABLISHMENTS PROVIDING ONLY COMMERCIALLY PREPARED CANDY OR NUTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Weisbach and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -120- May 28, 1985 Resoluton 85-152 amending the contract with the State Health Department to include blood test screenings for possible victims of AIDS (Acquired Immune Deficiency Syndrome) for a period of 90 days was approved on a motion made by Councilman Moore and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- Resolution 85-153 authorizing the execution of an agreement with Tytex, Ltd. (Tyrrell heirs) for the leasing of Tyrrell Park for oil and gas exploration was approved on a motion made by Councilman Deshotel and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- A resolution authorizing advertising for bids for the lease of Tyrrell Park for oil and gas exploration was deferred for additional information on a motion made by Councilman Brumley and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution 85-154 directing the City Manager to prepare and submit to City Council balanced budget alternatives which use property tax revenue assumptions frozen at 1985 levels or reduced by 5, 10 , 15 or 20 percent from 1985 levels was approved on a motion made by Councilman Brumley and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Councilman Samuel questioned whether a discussion of the South End Branch Library would be held during today's Workshop Session. Mr. Samuel requested that Council readdress the issue of the need for restrooms on City parks which has been cut because of vandalism. Councilman Moore commended work done at Sprott Park but requested replacement of a missing basketballgoal and reported a problem with a water faucet being left open and suggested an automatic cut-off system. Mr. Moore also asked that trees and heavy brush be cut in the Lavaca/Avenue B area. In addition, he reported severe problems being caused by the 23rd/Washington Boulevard construction project. Councilman Moore asked if the policy for parks established some time back would be discussed. Mr. Moore also reported that trash is being dumped near Hebert Cemetery in the Pear Orchard area. -121- May 28, 1985 Councilman Turner requested traffic enforcement of speed limits on Fannett Road close to KWIC Radio Station and Courts RV Center. Mr. Turner also questioned the status of the problem on Conrad between Craig and Royal. Mr. C. L. Sherman, 2900 Washington Boulevard, addressed Council to request budget cuts that would allow significant reduction in property taxes. Mr. George Doucet, BHP Petroleum, addressed Council to request further consideration of the bid submitted by BHP July of 1984 for lease of 155 acres of Tyrrell Park for oil and gas exploration. Mrs. Nancy Isaac, 1518 Pipkin, read a letter concerning the need for a branch library in the southend and presented a petition containing 544 signatures entitled: A PETITION TO THE CITY COUNCIL OF BEAUMONT TO KEEP A BRANCH LIBRARY IN SOUTH PARK: We, the undersigned, respectfully request that the City of Beaumont, (Texas) operate a branch (not a book mobile) of the public library in the South Park area of the city." Ms. Mellaney Rutherford Guillory, Giles Child Care and Family Center, 3500 Chaison; Mrs. Sherry Reese, 1635 Roberts; Mrs. L. E. Hubbard, 4440 Flamingo and Mrs. Nadirah Abdul-Hakeem, 1625 Prairie, addressed Council to express their concerns for lack of a branch library in the Southend. -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 May 28, 1985. Myrtle Corgey City Clerk -122- May 28, 1985