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MIN JUL 09 1985 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JULY 9, 1985 - 5:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 9th day of July, 1985, with the following present: HONORABLE: William E. Neild Mayor * G. Wayne Turner Councilman At Large Nell Pruitt Weisbach Councilman, Ward I Mike Brumley Councilman, Ward II David W. Moore Councilman, Ward IV Absent: Joseph D. Deshotel Councilman At Large Audwin Samuel Councilman, Ward III * Arrived during the public hearing for dilapidated structures. Karl Nollenberger City Manager Hugh Earnest Asst. City Manager Lane Nichols City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Very Reverend Richard Elwood, St. Mark's Episcopal Church. The Pledge of Allegiance was led by Mayor Neild. -000- A proclamation recognizing Dellenor R. Miles, recent recipient of the "Miss Beaumont" title who will compete for the "Miss Texas" title. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held June 25, 1985; Resolution 85-191 authorizing an annual contract with Keown Supply Company for the purchase of ready mix concrete ( 5 sack cement, 1 1/2 inch aggregate at $44.90 per cubic yard, add or deduct cement at the rate of $4.00 per sack; Type III High Early Cement at $45.65 per cubic yard); Resolution 85-192 authorizing purchase of approximately 150 tons hydrated lime for soil stabilization at the landfill by the Street Division from Austin White Lime Company of Austin at $10,969.50; Resolution 85-193 authorizing an annual contract with Allied Corporation for the purchase of liquid cationic polymer flocculant at $0.13 per pound; -146- July 9, 1985 Resolution 85-194 reappointing W. E. Wilson Jr. to the Reinvestment Zone No. 1 Commission, term expiring December 31, 1986; Dewey Gonsoulin to the Civil Service Commission, term expiring January 31, 1987 and appointing Gerald Farr as Alternate to the Zoning Board of Adjustment, term expiring September 30, 1986; Resolution 85-195 authorizing Change Order No. 2 at $3,762.00 to the contract with John Bankston Construction Company for the Longfellow Interceptor Project for the lowering of a 24 inch storm sewer under the railroad bed which was necessary to allow for replacement of new street pavement (contract to $2,025,968.00); Resolution 85-196 authorizing purchases of a pump for the well on Henry Homberg Golf Course from Paskell Water Well Service at $1,350.00' Resolution 85-197 ratifying the City Manager's execution of a commitment for municipal bond insurance with Financial Guaranty Insurance Company in conjunction with refunding of general obligation bonds; Resolution 85-198 authorizing execution of two (2) railroad crossing permits with Santa Fe Railway Company for Sanitary Sewer Improvements Contract 17E, installation of sanitary sewer to separate combined sewer system in the area of Wall Street from Main Street to Railroad Avenue; Resolution 85-199 authorizing establishment of a special zero-base (Imprest) bank account for health insurance claims at First City National Bank-Beaumont; Resolution 85-200 authorizing Change Order No. 2 to Contract 15A Sanitary Sewer Rehabilitation with Teal Contracting Company to reflect actual material and work performed and authorizing final payment of $8,902.62 to the contractor (total revised contract to $867,333.70) ; Resolution 85-201 authorizing purchase of six (6) 45-degree pipe bends from National Concrete Products at $1,874.40 for use by the Drainage Division for construction of an outfall ditch at the landfill; Resolution 85-202 authorizing purchase of approximately 4,000 tons of oyster shell for use by the Street Department from Radcliff Materials, Inc. at $14.00 per ton; Resolution 85-203 authorizing purchase of Parcel 237, 20,334 square feet out of Lots 1, 2 & 3, Block 12, Blanchette 2nd Addition from Andrew L. Solleder at $67,000.00 and Parcel 241, 7,322 square feet out of Lot 4, Block 5, Blanchette 2nd Addition from Beulah Fertitta at $39,500.00 for the Spur 380 Project, Phase III; authorizing the City Manager to grant easements to Kansas City Southern Railway Company for relocation of their railroad facilities; and authorizing execution of deeds conveying the property to the State subject to the easements; -147- July 9, 1985 Resolution 85-204 authorizing purchase of 8,000 feet of #12 2/C Cable at $124.70 M'/$977.60, 10,000 feet of #14 2/C Cable at $151.90 M'/$1,519.00, 8,000 feet of #14 2/C Cable at $222.54 M'/ $1,780.32, 9,000 feet #14 12/C Cable at $399.99 M'/ $3,591.00 and 5,000 feet #14 2/C Cable at $115.45 M'/ $577.25 from Traffic Signals, Inc. and 2,000 feet of #6 2/C Cable at $745.56 M'/ $1,490.90, 6,000 feet of #14 Singlewire at $24.65 M'/ $147.90 and 4,500 feet #8 Singlewire at $89.75 M'/ $403.88 from G. E. Supply; and Resolution 85-205 authorizing purchase of approximately 14,500 square yards of ground stabilization fabric for use at the landfill by the Stsreet Division from GeoTech Fabric of Baton Rouge at $7,177.50; The Consent Agenda was approved on a motion made by Councilman Moore and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Mr. Louis Hebert, 2355 N. 10th Street, staff representative for the International Association of Fire Fighters, addressed Council to voice his opposition to the repeal of an ordinance providing for compulsory binding arbitration. -000- An ordinance repealing the ordinance providing for compulsory binding arbitration and an ordinance amending the election ordinance adopted on June 25, 1985 were deferred to the end of the session pending Councilman Turner's arrival. -000- Ordinance No. 85-67 abolishing positions in the Fire Department was considered: ORDINANCE NO. 85-67 ENTITLED AN ORDINANCE ABOLISHING POSITIONS IN THE FIRE DEPARTMENT AND AMENDING THE BUDGET TO REFLECT THE ABOLISHING OF THOSE POSITIONS. The ordinance was approved on a motion made by Councilman Brumley and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- Ordinance No. 85-68 authorizing the issuance of $50,290,000 in advance refunding bonds and authorizing execution of an escrow agreement was considered: -148- July 9, 1985 ORDINANCE NO. 85-68 ORDINANCE AUTHORIZING THE ISSUANCE OF $50,290,000 THE CITY OF BEAUMONT REFUNDING BONDS, SERIES 1985; AUTHORIZING THE REDEMPTION PRIOR TO MATURITY OF CERTAIN OBLIGATIONS; AUTHORIZING THE PURCHASE OF CERTAIN SECURITIES AND THE TRANSFER OF CERTAIN FUNDS; AND AUTHO- RIZING THE .EXECUTION OF AN ESCROW AGREEMENT. The ordinance was approved on a motion made by Councilman Weisbach and seconded by Councilman Moore. Question: Ayes: Councilman Weisbach Nayes: Councilman Councilman Moore Brumley Abstained: Mayor Neild -000- Resolution 85-206 authorizing execution of a purchase contract with Texas Commerce Bank, National Association; E. F. Hutton & Company, Inc. ; Allied Bank of Texas; First City National Bank of Houston; InterFirst Bank-Dallas, N.A. ; MBank Capital Markets; and George K. Baum and Company as underwriters on the $50,260,000.00 issuance of refunding bonds was approved on a motion made by Councilman Weisbach and seconded by Councilman Brumley. Question: Ayes: Councilman Weisbach Abstained: Mayor Neild Councilman Brumley Councilman Moore -000- Resolution 85-207 accepting the Willow Bend Drive Participation Project II (Willow Bend Drive from Walden Road south a distance of 3,300 feet) as complete and authorizing final payment of $17,552.52 to E. R. Dupuis Concrete Company was approved on a motion made by Councilman Brumley and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- A resolution authorizing an annual contract with Martin Matthews, Beaumont, Texas for regular gasoline, transport load, at $0.899 per gallon and unleaded gasoline, transport load, at $0.944 per gallon; Texaco, Inc. , Port Arthur, Texas for diesel, transport load, at $0.803 per gallon and Sitton Oil Company, Beaumont, Texas for regular gasoline, tankwagon load, at $0.9270 per gallon, unleaded gasoline, tankwagon loan, at $0.9670 per gallon and diesel, tankwagon load, at $0.8295 per gallon was deferred one week. -149- July 9, 1985 Resolution 85-208 authorizing execution of a contract with Greer Construction Company at $134,865.00 for the construction of the '84 Community Development Block Grant sidewalks at Fourth Street (east side from Washington to Virginia) and Hale Street (north side from Magnolia to Pine) was approved on a motion made by Councilman Brumley and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution 85-209 authorizing execution of a contract with A. W. Busby Contracting Company at $18,461.28 for street repairs of pavement, joints and curbs on Willow Bend Drive and authorizing legal action against MACO, Inc. to collect damages was approved on a motion made by Councilman Brumley and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution 85-210 authorizing execution of a physician services contract with Dr. Georgette A. Sims, pediatrician, to work at the Beaumont Health Department for a period of one year under the auspices of the National Health Services Corps was approved on a motion made by Councilman Moore and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- A public hearing was held to consider dilapidated structures: Mr. Stanley Kidd, Code Enforcement Officer, told Council that all the below- listed structures are in violation of Article III, Sections 14-50 and 14-51 of the Dangerous Structures Ordinance of the City of Beaumont, Texas, and that all notification procedures have been met: 1250 GLADYS - Maxine Alexis, owner (17 violations), recommendation to raze within 30 days; 3445 GLENWOOD - Lydia Williams, owner (18 violations), recommendation to raze within 30 days; 3445 GLENWOOD (R-SHED) - Lydia Williams, owner (5 violations), recommendation to raze within 30 days; 850 GULF - Domingo Carlin et al, owner (17 violations) - recommendation to raze within 30 days; 1435 NECHES (COMMERCIAL BUILDING) with 13 violations, 1435 NECHES (STORAGE BUILDING) with 11 violations, and 1435 NECHES (R-STRUCTURE) with 16 violations, Dorothy Adele Vokelek, owner, recommendation for all to raze within 30 days; 2920 PARK (REAR) - Angus & Mayme McKinnon, owner (6 violations), recommendation to raze within 30 days; and 3515 WASHINGTON BOULEVARD - Sidney B. Williams c/o Charles Williams, owner (19 violations), recommendation to raze within 30 days. The structures listed below have been condemned by the City Council and the owners ordered to either repair or raze the structures within specified time frames. Reinspection of these structures have revealed non-compliance with the Council's order. The Housing & Neighborhood Conservation Department/Code Enforcement Division is requesting authorization from the City Council to demolish these structures in accordance with the Dangerous Structure Ordinance and charge the property owners with the cost of the demolitions. : -150- July 9, 1985 1015 Avenue D, 3940 Chaison, 1530 Harrison, 1575 LaSalle, 1740 Levy, 169 Manning, 169 Manning (Shed), 873 & 875 Powell, 879 Powell, 405 E. Simmons and 2205 Southerland. (Councilman Turner arrived during the public hearing. ) The public hearing was opened. Mr. George L. Trice of Houston, representing the structure located at 1740 Levy, told Council he is in the process of buying the structure from Mrs. Eleanor Sparks and repairing it to establish a Christian Coffee House. Councilman Moore questioned whether a Christian Coffee House would be an allowable usage for that structure under the zoning ordinance. Mr. Trice was advised to determine the zoning for the structure and to obtain necessary building permits before continuing with the rehabilitation of the structure. Mr. John Vokelek, 1505 Nall, Port Neches, addressed Council to request 30 days be allowed for the demolition of the structures located at 1435 Neches (a commercial building, residence and storage building). Mr. James Hightower, 3109 Pine, and Mr. Herman Rogers, 3006 Bolivar, representing Mr. Hightower, addressed Council for the structure located at 405 E. Simmons. A six months extension was requested so that clear title to the structure can be obtained by Mr. Hightower and sources of funding for the rehabilitation of the structure be sought through various avenues such as the Community Development Block Grant Program. Mr. Joe Ruiz, 1675 Gilbert, adressed Council to request a six month extension of time for the rehabilitation of the structure located at 1015 Avenue D due to financial and time constraints. There being no one else to address the hearing, it was closed. -000- Three (3) structures were removed from the ordinance before consideration: The structure located at 1015 Avenue D was granted a six-months extension before being brought back for Council consideration; 1740 Levy was granted 30- days and 405 E. Simmons was granted six months. Ordinance No. 85-69 declaring certain dilapidated structures to be public nuisances and requiring their repair or removal was considered: ORDINANCE NO. 85-69 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES, AND ORDERING THEIR REPAIR OR DEMOLITION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR PENALTY. -151- July 9, 1985 The ordinance was approved on a motion made by Councilman Weisbach and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Mayor Neild complimented Tyrone Cooper, Assistant City Attorney, for work he had done on a condemnation proceeding. -000- Mayor Neild called an Executive Session, pursuant to Section II of the Texas Open Meetings Act, to be held immediately following public comments. -000- Councilman Weisbach told Council she had received a call from Mr. D. S. Matthews, 3520 Delaware, who asked her to express his appreciation for the demeanor and assistance given him by Police Officer Evelyn Hoag. -000- Mrs. Marie Hubbard, 1990 Hubbard, addressed Council in support of action taken recently to rename Mariposa, Railroad Avenue and Port Arthur Road (Spur 380) to Dr. Martin Luther King, Jr. , Parkway as a memorial to the late Dr. King. She also spoke of high utility bills and difficulties encountered in dealing with the Jefferson County Tax Appraisal District. Dr. Conrad Mang addressed Council to request construction of some kind of barrier along the river's edge at Riverfront Park for the safety of those enjoying the park to prevent another fatal accident such as the child's drowning death at the July 4th festivities. Mr. Lindsey Walker, 2537 Calder, addressed Council to call attention, particularly to staff, to the Jefferson County Bar Association lawyer's referral service pro Bono for those citizens who have need of an attorney but cannot pay for those services. Mr. Paul Brown, 4370 Cartwright, addressed Council to speak in opposition of action taken to rename Mariposa, Railroad Avenue and Port Arthur Road (Spur 380) to Martin Luther King, Jr. , Parkway as a memorial to Dr. King and presented a survey, containing 3,511 signatures, which read: "NAACP AND CONCERNED CITIZENS SURVEY THE NAACP AND CONCERNED CITIZENS FOR A BEFITTING AND ATTRACTIVE MEMORIAL FOR DR. MARTIN LULTHER KING JR. WE FEEL IT WOULD BE A DISGRACE, AN INSULT AND LACK OF CARING TO ACCEPT SPUR 380 AND RAILROAD AVENUE FOR SOMEONE THAT PAID THE SUPREME PRICE FOR OUR JUSTICE. FOR THE NEXT ELEVEN (11) TO FIFTEEN (15) YEARS WE WILL HAVE TO LOOK AT RAILROAD AVENUE AS A TRIBUTE TO DR. KING. I AM IN FAVOR OF RESCINDING SPUR 380 AS A MEMORIAL FOR DR. KING. " -152- July 9, 1985 Mr. Roscoe Compton, 2950 Avenue E, addressed Council to speak of attributes considered by corporations before entering new cities and expressed his concern for Beaumont's image. COUNCILMAN MOORE: The group that met. . . the other civic organization, well, I was a part of that group and the statement was made that the M. L. King issue was not on the agenda. Well, it wasn't on the agenda but I think it is important everyone know that any Councilmember can request an item on the agenda at any time to be voted on and that is exactly the case that happened Friday morning. I just wanted to make sure that point is well understood. Thank you. Mr. Edward T. Livingston, 5890 Helbig, addressed Council to complain about the poor condition of Helbig Road. -000- The session was recessed. -000- The session was reconvened with the following present: HONORABLE: William E. Neild Mayor G. Wayne Turner Councilman At Large Nell Pruitt Weisbach Councilman, Ward I Mike Brumley Councilman, Ward II David W. Moore Councilman, Ward IV Absent: Audwin Samuel Councilman, Ward III Karl Nollenberger City Manager Hugh Earnest Asst. City Manager Lane Nichols City Attorney -000- Ordinance No. 85-70 repealing the ordinance providing for compulsory binding arbitration was considered: ORDINANCE NO. 85-70 ENTITLED AN ORDINANCE REPEALING THE ORDINANCE AS SET OUT HEREIN WHICH PROVIDES FOR COMPULSORY BINDING ARBITRATION AS A METHOD TO RESOLVE COLLECTIVE BARGAINING IMPASSES BETWEEN THE CITY AND THE FIREFIGHTERS UNION. -153- July 9, 1985 The ordinance was approved on a motion made by Councilman Turner and seconded by Councilman Weisbach. Question: Ayes: Mayor Neild Nayes: Councilman Brumley Councilman Councilman Moore Turner Councilman Weisbach COUNCILMAN BRUMLEY: I'd like to make one comment. I'm probably out of line because I should have done it. My . . . I haven't prepared anything. I am in favor of repealing compulsory binding arbitration. My only difference is that it . . . I feel like it should like it should be done through the vote and through the same process athat it went about in taking place but I do support the Council . . . the majority of the Council in the decision that's made today. COUNCILMAN MOORE: I might add on to that my feelings or sentiments about the binding arbitration is that we definitely need to make some changes in terms of becoming cost effective; however, the very sensitive matter inside of this in reduction of employees is the affirmative action targets we've worked at and I am not sure that we could continue to make a little of the progress we've made if we give it up; however, I do agree that the Council must take drastic actions to reduce our present costs. -000- Councilman Turner questioned the status of the Calder rezoning item that was to be on today's agenda. City Manager Nollenberger told Council that applicants for the zone change were supposed to provide a drainage plan for staff's review and recommendation and they have not submitted that plan. Councilman Turner requested that it be brought before Council at it's next regular session for action. Councilman Brumley said that several items such as egress and ingress as well as drainage were discussed and requested that applicants have access to the Planning Commission Minutes so that they are aware of concerns and requirements. -000- There being no further business, the meeting was recessed before Council again went into Executive 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 July 9, 1985. Myrtle Corgey City Clerk -154- July 9, 1985