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MIN JUN 25 1985 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JUNE 25, 1985 - 1:15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 25th day of June, 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 David W. Moore Councilman, Ward IV Absent: Nell Pruitt Weisbach Councilman, Ward I Karl Nollenberger City Manager Hugh Earnest Asst. City Manager Tyrone Cooper Asst. City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by Rabbi Peter Hyman, Temple Emanuel. The Pledge of Allegiance was led by Mayor Neild. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held June 18, 1985; Resolution 85-178 authorizing Karl Nollenberger, Hugh Earnest, and Myrtle Corgey as signatories for banking and investment purposes; Resolution 85-179 authorizing payment of $2,288.20 to the Enterprise Company for publication of the Southwestern Bell Telephone Company for franchise ordinance; Resolution 85-180 authorizing a contract amendment to the Community Services Block Grant with the South East Texas Regional Planning Commission for an additional $2,500.00 to be used in providing prescription drugs to patients at the Beaumont Community Health Clinic; Resolution 85-181 reappointing Doris Price Neeley, William R. Sam, Sr. and Jack Farley to the Health Advisory Commission, term expiriing July 31, 1987; Roger McCabe to the Planning Commission, term expiring July 31 , 1987; Gayle Villere to the Parks and Recreation Advisory Commission, term expiring June 30, 1987 and Elmer Ashcraft to the Airport Advisory Committee, term expiring 5-31-87; -139- June 25, 1985 Resolution 85-182 approving the pledge of $1.0 million as collateral for City depositories by First City National Bank; Resolution 85-183 accepting the Sprott Park Improvements as complete and authorizing final payment of $4,192.50 to Baytown Construction Company, contractor (total project amount - $83,850.00); Resolution 85-184 authorizing a contract with Ervin Charles Trucking for the rental of dump trucks at $25.00/hour; Resolution 85-185 authorizing purchase of three (3) parcels of property for the Spur 380 Project, Phase III (Parcel 229, 7,793 square feet out of Lots 1 and 2, Block 9, Ogden Addition from Building and Lands, Inc. @ $12,858.00; Parcel 232, 10,920 square feet out of Lots 1 and 2, Block 19, Blanchette 2nd Addition from E. C. Wilkerson at $22,950.00; and Parcel 244, 7,346 square feet out of Lot 1, Block 5, Blanchette 2nd Addition from Crenshaw Corporation at $45,000.00; authorizing the City Manager to grant easements to Kansas City Sourthern Railway Company for relocation of their railroad facilities; and authorizing execution of deeds conveying the property to the State subject to the easements; and Resolution 85-186 authorizing payment of $4,112.88 for fourteen (14) six feet (6') sections of 54" pipe and ramnek from National Concrete Products purchased as an emergency item for a project at the landfill. Resolutions 85-179 through 85-182 and 85-184 through 85-187 were approved on a motion made by Councilman Deshotel and seconded by Councilman Moore. Question: Ayes: All Nayes: None Resolution 85-183 was approved on a motion made by Councilman Deshotel and seconded by Councilman Samuel. Question: Ayes: Councilman Deshotel Abstained: Mayor Councilman Turner Neild Councilman Brumley Councilman Samuel Councilman Moore -000- Mr. Lindsey Walker, 2537 Calder, addressed Council in support of the dedication of the Delaware Street property (site of the former T B Hospital) as a park. Ms. Arlena LeBlanc, public information officer for the Beaumont Art Museum, addressed Council to "express our sincere hope that you will place the Delaware site issue on August 10, 1985 election. " Mr. Roberto Flores, 2425 Buchanan, addressed Council on the Special Election for the Delaware Street property and the preliminary official statement for the City's $50.0 million advance bond refunding and asked that information be given in simple terms for better understanding by citizens. -000- -140- June 25, 1985 Ordinance No. 85-60 granting an HC (Historical-Cultural) District Overlay designation for property at 615 Fifth Street (requested by Raymond Sawyer for the structure designed by architect H. C. Banker, protoge of Frank Lloyd Wright, originally owned by Harry C. Wiess, native Beaumonter who founded Humble Oil and Refining Company, later to become Exxon Corporation) was considered: ORDINANCE NO. 85-60 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 ESTABLISHING AN H-C (HISTORICAL-CULTURAL) OVERLAY ZONE FOR PROPERTY LOCATED 615 FIFTH STREET; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Samuel and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Ordinance No. 85-61 changing the zoning from GC-MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) for property located generally in. the 5100-5200 Blocks of Parkview and the 5500- 5700 Blocks of Crestland Loop was considered: ORDINANCE NO. 85-61 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 GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) TO RS (RESI- DENTIAL SINGLE FAMILY DWELLING) FOR PROPERTY LOCATED IN THE 5100-5200 BLOCKS OF PARKVIEW AND THE 5500-4700 BLOCKS OF CRESTLAND LOOP; 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 Turner. Question: Ayes: All Nayes: None -000- Ordinance No. 85-62 changing the zoning from RM-H (Residential Multiple Family Dwelling - High Density) to NC (Neighborhood Commercial) on property in the 6600 Block of Phelan Boulevard (requested by Flenoy Thompson to establish retail sales of residential solar equipment) was considered: -141- June 25, 1985 ORDINANCE NO. 85-62 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 RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING - HIGH DENSITY) TO NC (NEIGHBORHOOD COMMERCIAL) FOR PROPERTY LOCATED IN THE 6600 BLOCK OF PHELAN BOULEVARD; 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 Samuel. Question: Ayes: All Nayes: None -000- Ordinance No. 85-63 granting a Specific Use Permit to establish a realtor's office in an RM-H (Residential Multiple Family Dwelling - High Density) on property at 6095 Highway 105 (requested by Hugh R. Clubb) was considered: ORDINANCE NO. 85-63 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ESTABLISH A REALTORS OFFICE ON PROPERTY LOCATED AT 6095 STATE HIGHWAY 105. Councilman Deshotel made a motion to approve the ordinance subject to the applicant's compliance with Condition 7 (landscaping and screening) of the Specific Use Permit; motion was seconded by Councilman Turner. Question: Ayes: All Nayes: None -000- Ordinance No. 85-64 granting a Specific Use Permit to establish a pipeline construction contractor business at 5480 Washington Boulevard (requested by Randy Mott) was considered: ORDINANCE 85-64 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ESTABLISH A PIPELINE CONSTRUCTION CONTRACTOR BUSINESS LOCATED AT 5480 WASHINGTON BOULEVARD. Councilman Turner made a motion to approve the ordinance subject to compliance of two additional conditions for the Specific Use Permit: no pipe fabrication on the site and removal and replacement of a radio dispatch antenna to eliminate interference with television reception in the area; motion was seconded by Councilman Brumley. Question: Ayes: All Nayes: None -142- June 25, 1985 Ordinance No. 85-65 calling a special election for August 10, 1985, for dedication of the T B Hospital property as a passive park upon expiration of three (3) existing 99-year leases on the property to expire 2085 was considered: ORDINANCE NO. 85-65 ENTITLED AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF BEAUMONT ON THE 10TH DAY OF AUGUST, 1985, FOR .THE PURPOSE OF APPROVING OR REJECTING AN ORDINANCE DEDICATING A TRACT OF LAND ON DELAWARE STREET TO BE A PARK UPON TERMINATION OF CERTAIN 99 YEAR LEASES. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question: Ayes: Councilman Deshotel Abstained: Mayor Neild Councilman Turner Councilman Brumley Councilman Samuel Councilman Moore -000- Resolution 85-187 authorizing the execution of agreements with Vinson and Elkins as bond counsel; Orgain, Bell and Tucker as securities counsel; Underwood Neuhaus as fiscal agent; and Ernst and Whinny as Cetified Public Accountants on the City's $50.0 million advance bond refunding was appropved on a motion made by Councilman Turner and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Resolution 85-188 approving the preliminary official statement for the City of Beaumont's $50.0 million advance bond refunding was approved on a motion made by Councilman Turner and seconded by Councilman Deshotel. Question: Ayes: Councilman Deshotel Nayes: Councilman Councilman Turner Brumley Councilman Samuel Councilman Moore Abstained: Mayor Neild -000- Resolution 85-189 selecting the firm of Peat, Marwick, Mitchell and Company as the auditing firm for fiscal year 1985 was approved on a motion made by Councilman Brumley and seconded by Councilman Moore. Question: Ayes: Mayor Neild Abstained: Councilman Turner Councilman Deshotel Councilman Brumley Councilman Samuel Councilman Moore -143- June 25, 1985 . Resolution 85-190 authorizing an annual contract for rigid steel conduit from C. E. D. at $4,638.35 was approved on a motion made by Councilman Brumley and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Ordinance No. 85-66 changing the names of Port Arthur Road, Railroad Avenue and Mariposa Streets to Dr. Martin Luther King, Jr. , Parkway was considered: ORDINANCE NO. 85-66 ENTITLED AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT; AND IN PARTICULAR THE NAME OF THOSE CERTAIN STREETS AS INDICATED UPON THE OFFICIAL STREET MAP OF BEAUMONT, TEXAS, BY CHANGING THE NAMES OF PORT ARTHUR ROAD FROM THE CITY LIMIT LINE AT SPINDLETOP AVENUE TO THE CENTERLINE OF WASHINGTON BOULEVARD, AND RAILROAD AVENUE FROM THE CENTERLINE OF WASHINGTON BOULEVARD TO ITS INTERSECTION WITH THE NORTHERN BOUNDARY ONE OF THE VAN WORMER ADDITION TO THE CITY OF BEAUMONT, AND MARIPOSA FROM APPROXI- MATELY 40 FEET SOUTH OF THE CENTERLINE OF LIBERTY TO ITS INTERSECTION WITH THE CENTERLINE OF LIVEOAK, AND DESIGNATING THOSE STREETS AS DR. MARTIN LUTHER KING, JR. , PARKWAY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Councilman Turner suggested that a time limit be set for public comments on Agenda items prior to Council consideration and action to allow as many participants as wanted to address those items. He said he had no strong feeling for how long but suggested two or three minute limits. Councilman Turner also requested that additional firms be considered for bond counsel and fiscal agent services. -000- Mr. C. L. Sherman, 3010 Washington Boulevard, addressed Council to commend them for the time spent on City matters such as the advance bond refunding. -000- -144- June 25, 1985 Mayor Neild called an Executive Session pursuant to Section II of the Texas Open Meetings Act to be held immediately following the Council Workshop Session -000- There being no further business, the meeting was recessed before continuing with the City Council Workshop Session. -000- The City Council session was reconvened 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 David W. Moore Councilman, Ward IV Absent: Nell Pruitt Weisbach Councilman, Ward I Karl Nollenberger City Manager Tyrone Cooper Asst. City Attorney Hoke Peacock, Attorney Orgain, Bell & Tucker Dr. Glen Hahn Cope Orgain, Bell & Tucker -000- MAYOR NEILD: Under the advice of our attorney (Hoke Peacock), we will not be releasing the report (Dr. Cope's investigative report on the $20.0 million investment loss with ESM Government Securities) until some later date pending the outcome of some litigation. MR. HOKE PEACOCK: We have advised City Council not to release Dr. Cope-s report to them because of its potential effect on litigation involved on a number of fronts. . . . -000- There being no further business, 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 June 25, 1985. Rosemarie Chiappetta Deputy City Clerk -145- June 25, 1985