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MIN AUG 20 1985 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD AUGUST 20, 1985 -- 1:15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 20th day of August, 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 -000- The Invocation was given by the Reverend Ken Cox, pastor of Pineburr Baptist Church. The Pledge of Allegiance was led by Councilman Weisbach. -000- One proclamation was issued: "Women's Suffrage Week in Beaumont" - August 25- 31, 1985. -000- Mayor Neild announced that there would be a meeting of the Multi Housing Finance Corporation immediately following the regular session of City Council. He also said that the Workshop Session scheduled today to consider portions of the proposed budget would be held in the meeting rooms of the Civic Center. Mayor Neild called an Executive Session, pursuant to Section II of the Texas Open Meetings Act, on pending litigation, to be held immediately following the Multi Housing Finance Corporation meeting. -000= Approximately 50 students of the HELP summer tutoring program were recognized. -000- -189- August 20, 1985 The following Consent Agenda items were considered: Resolution 85-250 authorizing release of $500,000 in securities held as collateral for City deposits by Texas Commerce Bank, Beaumont; Resolution 85-251 awarding a contract to Hurricane Fence Company in the amount of $1,162.00 for fence relocation on Gladys Street for sidewalk construction; Resolution 85-252 authorizing execution of a railroad crossing permit from Missouri Pacific Railroad Company for a pipeline crossing to install sanitary sewer to separate the combined sewer system in the area of Wall Street from Main Street to Railroad Avenue for a one-time fee of $600.00; Resolution 85-253 authorizing Change Order No. 1 at $9,750.00 to the contract with Baytown Construction for the Washington Boulevard Interceptor, Contract 14A, for approximately 1,806 square yards of asphalt overlay as a result of street surface subsidence due to the backfill sand being washed into the adjacent sewer (contract from $1,045,906 to $1,055,656); Resolution 85-254 authorizing mutual aid law enforcement agreements with surrounding. municipalities or counties to provide for mutual aid between law enforcement departments in undercover operations to combat criminal activity; Resolution 85-255 authorizing a five-year lease contract between the City of Beaumont and the Gold Coast Fine Arts Association for the area adjacent to the Farmers Market on Saint Helena Street; Resolution 85-256 authorizing three (3) railroad crossing permits with Santa Fe Railway Company for Contracts 17A & 17C Sanitary Sewer Improvements; Resolution 85-257 accepting Whitson's Way Participation Project and authorizing final payment to E. R. Dupuis Concrete Company in the amount of $3,743.56 (total contract $76,008 with City's share including engineering at $30,818.59); and Resolution 85-258 authorizing an annual maintenance agreement with Office Development Systems of Beaumont for the Panasonic 3010 copier located in the Print Shop at a cost of $1,595.00. Resolutions 85-250 through 85-257 were approved on a motion made by Councilman Turner and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None Resolution 85-2.58 was approved on a motion made by Councilman Deshotel and seconded .by Councilman Turner_ Question: Ayes: Mayor Neild Abstained: Councilman Samuel Councilman Councilman Moore Deshotel Councilman Turner Councilman Weisbach Councilman Brumley -190- August 20, 1985 An ordinance amending Chapter 26 of the Code of Ordinances, relating to parades, was considered: AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ADDING A NEW "ARTICLE IV" TO BE ENTITLED "PARADES"; PROVIDING DEFINITIONS; PROVIDING FOR PARADE PERMITS AND OTHER REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING FOR A PENALTY; AND RESERVING UNUSED SECTIONS. After a brief discussion, Councilman Deshotel made a motion to defer action and requested the item be placed on next week's Workshop agenda; motion was seconded by Councilman Turner. Question: Ayes: All Nayes: None -000- Resolution 85-259 authorizing execution of a contract with Excavators and Constructors, Inc. at $737,543.95 for the construction of Contracts 18A and 7C[10, Separation Sewers (North) and Primer Lift Station Improvements and Force Main, was approved on a motion made by Councilman Weisbach and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Resolution 85-260 authorizing the execution of a depository agreement with Texas Commerce Bank, Beaumont, for the period commencing October 1, 1985 to September 30, 1987 was approved on a motion made by Councilman Brumley and seconded by Councilman Moore. Question: Ayes.: All Nayes: None -000- A public hearing was called to consider dilapidated structures. Sherell Cockrell, Director of the Housing and Neighborhood Conservation Department, told "Council that all the below-listed structures are in violation of the Article III, Sections 14-50 and 14-51 of the Dangerous Structures Ordinance of the City of Beaumont and that all notification procedures have been met: . 4025 BRANDON (GARAGE) - Paul J. O'Connor, owner (6 violations), recommendation to raze within 30 days; 1169 BROADWAY - FRONT (17 violations) & REAR APARTMENT (15 violations) and 11361 BROADWAY - REAR (15 violations) - G. P. Cokinos, owner, recommendation to raze all within 30 days; 1445 BURT - Kaffie Smith, owner (15 violations), recommendation to raze within 30 days; 4613 CARNEGIE - -191- August 20, 1985 Theodore Diaz, owner (18 violations), recommendation to raze within 30 days; 2057 COLLEGE - Mrs. Rosa Tortorice, owner (12 violations), recommendation to raze within 30 days; 3280 ECTOR - Margaret Smith, owner (13 violations), recommendation to raze within 30 days; 3390 ECTOR (11 violations) & 3390 ECTOR - R-GARAGE (5 violations) - James Bodin, recommendation to raze both within 30 days; 3460 EDMONDS - Warren Lumber Company, owner (15 violations), recommendation to raze within 30 days; 638 EMMETT - Betty Turkes Estate c/o Mrs. Ruthie Davis, owner (16 violations), recommendation to raze within 30 days; 2105 EUCLID - Donald J. Hawkins, owner (12 violations), recommendation to raze within 30 days; 1178 EVALON - Ella Mae Bennett, owner (14 violations), recommendation to raze within 30 days; 7345 FANNETT - Sarah R. Morrison c/o Jefferson County Credit Union, owner ( 18 violations), recommendation to raze within 30 days; 3615 GLENDALE - Wilson J. Lockett, owner (15 violations), recommendation to raze within 30 days; 1259 ISLA - Mollie Bean, owner (18 violations), recommendation to raze within 30 days; 2495 JIROU - C. D. Byrd, owner (5 violations), recommendation to raze within 30 days; 250 LETHIA - Flora Jackson, owner (14 violations), recommendation to raze within 30 days; 425 LETHIA, GARAGE - Frank Wood Estate, owner (3 violations), recommendation to raze within 30 days; 845 LINCOLN - United Investment Group, owner (15 violations), recommendation to raze within 30 days; 2185 LIVEOAK - James E. Williams, owner (18 violations), recommendation to raze within 30 days; 1960 MAGNOLIA, GARAGE - Mary Yantis, owner (7 violations), recommendation to raze within 30 days; 2385 MONROE - Sara Daigle Estate c/o A. Daigle, owner (11 violations), recommendation to raze or repair within 30 days; NEXT TO 2385 MONROE (GARAGE) - Sara Daigle Estate c/o A. Daigle, owner (6 violations), recommendation to raze within 30 days; 2855 NECHES, REAR - Vo E. Van, owner (4 violations), recommendation to raze within 30 days; 2355 POPE - Charles Dabney, owner (9 violations), recommendation to raze within 30 days; 1905 ROBERTS, GARAGE - First National Bank c/o Mason-McDuffie Inv. Co. , owner (6 violations), recommendation to raze within 30 days; 3639 ST. JAMES - Minnie L. Eaglin, owner (14 violations), recommendation to raze or repair within 30 days; 3995 SCRANTON (15 violations) and 3995 SCRANTON, REAR (16 violations) - A Surbi and Alileza Shiralinezad, owner, recommendation for both structures to raze within 30 days. The public hearing was opened: Mr. James Bodin, 468 Garland, addressed Council to request six months additional time for the rehabilitation of the structure located at 3390 Ector Street, siting poor health and recent surgery as reasons for not having brought the structure within compliance with the ordinance. Mr. V. J. Coco, representing the Rosa Tortorice Estate for the structure located at 2057 College, addressed Council to say that the structure would be boarded to prohibit access and to request additional time for the family to decide whether the structure would be rehabilitated or demolished. Mr. Ambrose Daigle representing the structure located at 2385 Monroe, addressed Council to request 6 to 9 months additional time for the rehabilitation of the structure The public hearing was closed. -192- August 20, 1985 Councilman Deshotel made a motion to accept staff recommendations for the above structures, excluding the residential structure located at 3390 Ector, 2057 College and 2385 Monroe; motion was seconded by Councilman Turner. Question: Ayes: All Nayes: None Councilman Turner made a motion for a 6-month extension for the the rehabilitation of the residential structure located at 3390 Ector, with a formal work schedule prepared and 30-day reports to Council for status of the work; motion was seconded by Councilman Deshotel. Councilman Moore suggested that an overall policy be made for 30-day reports to Council for all extensions given beyond the normal 30-day period. Councilman Brumley recommended a 6-month extension for the rehabilitation of the structure located at 2385 Monroe, with a formal work schedule prepared and 30-day reports to Council for status of the work. It was agreed that a 60-day extension be given allowing decisions on the estate for the structure located at 2057 College; Mr. Coco told Council the structure would be boarded immediately. Ordinance Ito. 85-86 declaring certain dilapidated structures to be public nuisances and requiring their repair or removal was considered: ORDINANCE NO. 85-86 ENTITLED AN ORDINANCE FINDING CERTAIN STRUC- TURES TO BE PUBLIC NUISANCES, AND ORDERING THEIR REPAIR OR DEMOLITION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR PENALTY. Two additional structures located at 645 Blanchette (15 violations) and 1695 Church Garage Apartment (6 violations) that had previously been given raze or repair orders and have not been brought into compliance have been added to the list for razing in 30 days. The ordinance was approved with the three (3) above mentioned amendments on a motion made by Councilman Deshotel and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- Mayor Neild mentioned a memorandum from Fire Chief C. A. "Pete" Shelton. At 3 o'cock this afternoon, which is about 20 minutes away, a Hazardous Materials Response Vehicle that the Fire Department has. "The County and City are cooperating in equipping a Hazardous Material s Response Vehicle which is scheduled to be ready for service within six weeks. The vehicle is a new 1985 Chevrolet, 18-foot step van with an aluminum body. The vehicle will have full communication capability; be equipped with chemicals for controlling hazardous materials and specialized tools needed to contain or repair leaks. It will also carry a full complement of rescue tools. The equipped vehicle will be housed at Fire Station No. 1 and will respond to hazardous materials instances that occur within the City and will be available for special emergencies anywhere in the County. " -193- August 20, 1985 We have arranged for that vehicle to be here at 3:00 this afternoon for your inspection and know that this is a concern that all of us have with the Interstate Highways that run through our community. I'd like for you to know that this City is looking ahead for those sort of things, hopefully not to occur but to be able to respond. -000- The Reverend Jeff Rollins, Palm Springs, California, and owner of property in the City located at 2315 Euclid, addressed Council to complain that while he and his wife were shopping in Adler's in downtown Beaumont Friday afternoon, August 16th, his car was towed away from the adjacent Allright Parking Lot without warning and without destination information for recovery. Reverend Rollins told Council that towing cars with out-of-state licenses without warning would not invite tourism to the City. Mrs. Vallee Couch, 1620 Glendale, addressed Council to speak in opposition to the petition being circulated in the City to recall Wayne Turner, Councilman At Large. Mrs. Sharon Eaves, 5550 Scenic Drive, addressed Council to express her concerns for what she feels are the unresponsive and insensitive attitudes of some elected officials of the County, City and School Board. Mrs. Marie Hubbard, 1990 Nora; Mrs. Micki Carpenter, 29 Sandlewood; Mr. E. W. Neyland, 9510 Shepherd and Mrs. Delia Harrington, 815 Willow, addressed Council in opposition to petitions being circulated for the recall of Mayor Neild and Councilman Turner. Mr. C. L. Sherman, 535 Belvedere, representing the Tax Reduction Committee, addressed Council to again urge a ten percent reduction in ad valorem taxes. Mrs. Wanda Neyland, 9510 Shepherd, addressed Council to urge departmental budget cuts. Mr. Lindsey Walker, 8125 Evangeline, addressed Council to say that the City should be able to save the same $2.5 million proposed for contracting out sanitation services by private industry and to urge that City funds no longer be expended to private organizations. -000- There being no further business, the meeting was recessed before continuing with the City Council Workshop Session. 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 August 20, 1985. Rosemarie Chiappetta Deputy City Clerk -1947 August 20, 1985