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MIN JUN 04 1985 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JUNE 41 1985 - 1:15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 4th day of June, 19851 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 D. A. Smith, pastor of St. Paul A.M.E. Church. The Pledge of Allegiance was led by Mayor Neild. -000- One proclamation was issued: "Sons of Confederate Veterans Day in Beaumont - June 8, 1985. -000- The following Consent Agenda items were considered: Resolution 85-155 authorizing purchase of Parcel No. 231 , 6,686 square feet out of Lot 3 , Block 19, Blanchette Second Addition from Charles Howard at $5,015.00 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 the City Manager to execute a deed conveying the property to the State subject to the easement; Resolution 85-156 authorizing reimbursement of $641.06 to First Federal Savings and Loan Association for overpayment of 1983 taxes on 5 4/5 feet of Lot 1, Block 1, Caldwood Addition; and Resolution 85-157 waiving the $25 .00 per truck fee for five (5) trucks for the Sanitation "Rent-A-Truck" program requested by the Old Town Residents Association for a concerted clean-up effort by the Association for June 7th and 8th. -123- June 4, 1985 The Consent Agenda was approved on a motion made by Councilman Weisbach and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- After a lengthy discussion, a resolution authorizing execution of a contract with Honeywell Corporation for an energy management system was deferred on a motion made by Councilman Deshotel and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Resolution 85-158 adopting the investment policy for the City of Beaumont with an amendment to add to III. SCOPE: "State statutes, City Charter and City ordinances shall take precedence over these policies" was approved on a motion made by Councilman Brumley and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- After a discussion, Councilman Deshotel made a motion to grant a lease for oil and gas exploration for the southern 155 acres of Tyrrell Park with BHP Petroleum, Inc. and to authorize advertising for bids for the remainder of the park (approximately 345 acres) for oil and gas exploration; motion was seconded by Councilman Samuel. Question: Ayes: Councilman Nayes: Mayor Neild Deshotel Councilman Councilman Brumley Turner Councilman Samuel Councilman Weisbach Councilman Moore Motion failed. COUNCILMAN TURNER: I want to make a comment relative to my no. I want the record to indicate that I did not want to make that lease to BHP. I am in favor or leasing the property - going for bid. Resolution 85-159 authorizing for bids for lease of the entire Tyrrell Park for oil and gas exploration was approved on a motion made by Councilman Turner and seconded by Mayor Neild. Question: Mayor Neild Nayes: Councilman Councilman Deshotel Brumley Councilman Turner Councilman Councilman Weisbach Samuel Councilman Moore -124- June 4, 1985 A resolution certifying the Waterford Hotel as an historically significant site in need of tax relief to encourage preservation was deferred on a motion made by Councilman Brumley and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Ordinance No. 85-58 amending the Food Service Manager 's Certificate Ordinance was considered: ORDINANCE N0, 85-58 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 COMMERCSIALLY 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 Deshotel. Question: Ayes: All Nayes: None -000- Councilman Samuel told Council of some reports of problems between neighbors with "no parking" signs placed on Magnolia Avenue near Delaware. He also told about a complaint of a sink hole and poor drainage from Mr. Olin Fregia, 425 LaSalle and a complaint from Mr. Gene Perkins who has requested a meeting with the Weed Abatement Inspector, the contractor who did the cutting and Mr. Samuel concerning the property located at 3445 Fannett Road. Councilman Samuel also mentioned need for action in cleaning garbage and trash from ditches in the Vestal, LaSalle and Gill Street area. Councilman Moore told Council that the intersection of Washington Boulevard and 23rd Street is in need of repair. He said the small amount of patching that was done is not sufficient. He also mentioned an area of broken cement in the 3500 Block of Washington Boulevard. Councilman Moore requested that ownership for vacant, dilapidated flattop apartments on Fourth Street be established for abatement of this nuisance. -125- June 4, 1985 COUNCILMAN BRUMLEY: There were some comments relative to an article in the newspaper this morning that addresses certain information concerning our investments and the program. I 'd like to have a xerox copy of Mr. Nachlinger' s deposition that was submitted in Florida and I would like to look at statements that were made and the context in, which they are presented in that deposition before I come back and ask specific questions concerning certain statements made in that deposition. I think that any document that is going to . . has potential like this document needs to be in the hands of City Council members and the City Council needs to have access to this information. Each Councilman needs to have this information. . . This is the governing body of this City. We are the individuals that should have this information and we should be the first people to have this information. Councilman Deshotel made a statement explaining his stand for the need to cutback at least $10 million dollars in City spending, saying that it would involve all areas, even personnel costs which are 75 percent of the General budget. -000- Mayor Neild welcomed Mrs. Evelyn M. Lord, former Councilman, Ward II, to today's session. -000- Mr. Josh Allen, representative of the Tax Reduction Committee, addressed Council to again urge a reduction in ad valorem taxes. Mrs. Martha Royall, 945 Central, addressed Council to commend Mr. Deshotel 's stand for budget cuts. Mr. Lindsey Walker, attorney representing the East Texas Nature Club, addressed Council to request that an ordinance be enacted or a referendum election be called at the next General Election in April, 1986, concerning the certified petition submitted for the Delaware Street property. Mr. Paul Brown, 4370 Cartwright, and the Reverend Albert Haynes, 2620 Burgundy, addressed Council to urge that serious consideration be given before personnel cuts are made, especially positions held by Black minorities. Mr. Roberto Flores, 2425 Buchanan, addressed Council to express his concern for those cutbacks involving lower job classification types of employees rather than those in supervisory positions. Mr. Herb Oswald, 1234 Avenue B, addressed Council in support of favorable consideration of historically significant sites in need of tax relief to encourage preservation. -126- June 41 1985 Mr. Andrew Thomas, 275 Adams, Boy Scout, suggested a "kitty for the City" type of program for City employees who may lose jobs if personnel cutbacks are made. Mr. George Doucet, representative of BHP Petroleum, addressed Council in opposition to opposition taken concerning oil and gas exploration at Tyrrell Park. -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. -000- There being no further business, the meeting was recessed before continuing with the City Council Workshop Session. -000- -, 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 June 4, 1985. Myrtle Corgey City Clerk -127- June 4, 1985