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MIN AUG 27 1985 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD AUGUST 27, 1985 -- 1:15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 27th 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 Absent: 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 Monsignor Marvin Enderle, pastor of Assumption Catholic Church. The Pledge of Allegiance was led by Mayor Neild. -000- Public comment on Agenda Items was heard: Mrs. Martha Royall, 945 Central, addressed Council to support the President's proposal of a one percent rule on tax exempt bonds rather than oppose. as presented in the agenda item. Mrs. Delia Harrington, 815 Willow Street,. and The Reverend Timothy Hunley, 1698 LaSalle, addressed Council in opposition to the employment of a Houston law firm for the collection of delinquent taxes. -000- Public Hearing on the proposed 1985-1986 Budget was called: Mrs. Jessie Cooper, 446 Georgetown, addressed Council to question expenditures for flouride for the City's water supply. .Miss Louise Loomis, 2255 Primrose, representing the Library Commission, addressed Council to voice concerns for proposed cuts in the Library System. -195- August 27, 1985 Mrs. Joan Morrow, 7760 Chelsea and Mrs. Michelle Shelley, 3315 Cherry, representing the Metropolitan Area PTA and Mrs. Joni Davis, 390 S. Caldwood, representing the Caldwood Elementary PTA, all addressed Council to express their strong opposition for proposed cuts in the Police Department budget, especially in the area of the Juvenile Division and its Child Abuse Program, and also the Health Department in the area of dental health care for the indigent. Mrs. Mare.e Calcote, 5615 Duff, addressed Council to express her opposition to the contracting out of sanitation and trash collections and her support of the $0.50 charged monthly to City residents for the litter cleanup program contracted with Mental Health and Mental Retardation of Southeast Texas. There being no one else to speak, the public hearing was closed. -000- The following items of the Consent Agenda were considered: Minutes of the regular City Council sessions held August 13 and 20, 1985 and special session held August 15, 1985; Resolution 85-261 approving the pledge of $1.5 million and release of $1.5 million in securities by Texas Commerce Bank - Beaumont, N.A. ; Resolution 85-262 appointing Fredericka Adams to the Community Development Block Grant Citizens Activities Committee, term expiring May 31, 1987; Resolution 85-263 authorizing execution of a contract. with the State of Texas for continuation of the Hazardous Moving Violation (HMV) Selective Traffic Enforcement Program (STEP) for the Police Department's Accident Control Team for the period commencing October 1, 1985 through September 30, 1986; Resolution 85-264 authorizing purchase of 1,750 each .45 caliber, 185 gr. ammunition at $458.50 and 3,100 each 9mm of 115 gr. ammunition at $734.70 from Law Enforcement Equipment Company and 8,000 each .45 caliber, 230 gr. ammunition at $851.20 and 12,000 each 9mm, 115 gr. ammunition at $1,389.60 from Bailey's House of Guns, Inc. ; Resolution 85-265 authorizing execution of a contract with Wormald U. S. Inc of Marinette, Wisconsin, for the Ansul Fire Extenguisher School's use of the Beaumont Fire Department Training Center March 6, 7, 10, 11, 13, 14, 17 & 18, 1986; Resolution 85-266 authorizing an amendment to the contract with the State Health Department for AIDS testing by extending the term through August 15, 1935; and Resolution 85-267 awarding a bid for the purchase of Morgan Park property to Rueben Sastre (Lombardo's Tree Service) at $15,851.00 and authorizing City Manager Karl Nollenberger to sign the deed on behalf of the City conveying the property to Mr. Sastre. . -196- August 27, 1987 The Consent Agenda was approved on a motion made by Councilman Brumley and seconded by Councilman Turner. Question: Ayes: All Nayes: None -000- An ordinance changing the zoning from RS (Residential Single-Family) district to RM-M (Residential. Multiple Dwelling-Medium Density) district on property described as Lots 1-7, Block 174, Pinecrest Addition and Lots 6-12, Block 1, Pin Oak Plots Annex at 3395 Cleveland (requested.by the Reverend Jimmie J. Mott of the New Jerusalem Church and Mission) 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 CHANGING THE ZONING FROM RS (RESIDENTIAL SINGLE FAMILY DISTRICT) TO RM-M (RESIDENTIAL MU7LTIPLE DWELLING-MEDIUM DENSITY DISTRICT) FOR PROPERTY LOCATED AT 3395 CLEVELAND, BEAUMONT, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. and An ordinance granting a Specific Use Permit to provide social services on property at 3395 Cleveland was considered: AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO PROVIDE SOCIAL SERVICES ON PROPERTY LOCATED AT 3395 CLEVELANDO BEAUMONT, TEXAS. COUNCILMAN SAMUEL: In view of the facts that were given from staff regarding the specific uses as requested, I'd like to make it clear, even though I am voting against this because of the violation . . . not meeting the eight conditions, I do want to commend Reverend Mott for his work in the community because there is a. desperate need for help in many different areas and one being those individuals who can't provide for themselves. So, I would like to commend Reverend Mott and express to him that this is not a vote against him and I hope he continues his work in the community. COUNCILMAN TURNER: I'd just echo what Audwin said because this is like voting against motherhood. There is a very desparate need for this type of facility and my only concern here is that of the residential client relationship and I think that, from what I heard at the public hearing, that was the major concern of the area residents and I really hope that maybe something can still come of this on more of a parttime. type basis. The ordinances were denied on a motion made by Councilman Brumley and seconded by Councilman Turner. Question: Ayes: All Nayes: None -197- August 27, 1985 Ordinance No. 85-87 granting a Specific Use Permit for additional social service facilities on. property described as the south 1/2 of Block 24, Cartwright and Roberts Subdivision "A" located at 2750 South Eighth Street (requested by Michael K. Muegge, Deputy Director of Mental Health Mental Retardation of Southeast Texas) was considered: ORDINANCE NO. 85-87 ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR ADDITIONAL SOCIAL SERVICE FACILITIES ON PROPERTY .LOCATED AT 2750 SOUTH EIGHTH STREET, BEAUMONT, TEXAS. The ordinance was approved on a motion made by Councilman Samuel and seconded by Councilman Weisbach. Question: Ayes: Mayor Neild Abstained: Councilman Turner Councilman Deshotel Councilman Weisbach Councilman Brumley Councilman Samuel -000- The second and final reading of Ordinance No. 85-88 annexing two (2) tracts of land. totaling 328.4 acres located 1,160 feet east of the southern terminus of Lafin Road was considered: ORDINANCE NO. 85-88 ENTITLED AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE THE SAID PROPERTY WITHIN THE CITY LIMITS, AND GRANTING THE SAID ATERRITORY AND TO ALL FUTURE INHABITANTS THEREOF ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS; AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY. The ordinance was approved on a motion made by Councilman Brumley and seconded by Councilman Turner. Question: Ayes: All Nayes: None -000- Ordinance No. 85-89 amending the Short-term Disability regulations by adding the word "consecutive" to read "An employee may use disability leave after being absent eighty (80) consecutive hours for the same illness or disability." was considered: -198- August 27, 1985 ORDINANCE NO. 85-89 ENTITLED AN ORDINANCE AMENDING CHAPTER 21, SECTION 21-9(B) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND REGULATIONS CONCERNING USE OF SHORT-TERM DISABILITY LEAVE; 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 Resolution 85-268 naming the third floor conference room of City Hall the "Beppu City Room" was approved on a motion made by Councilman Weisbach and seconded by Councilman Samuel. . Question: Ayes: All Nayes: None -000- Resolution 85-269 authorizing execution of a contract with Blair, Williams and Harrison, a Houston law firm, and Benckensteil, Oxford, Radford and Johnson, a Beaumont law firm, for the collection of delinquent taxes was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question: Ayes: Mayor Neild Nayes: Councilman Samuel Councilman Deshotel Councilman Turner Councilman Brumley Abstained: Councilman Weisbach -000- Resolution 85-270 opposing the President's proposal on income tax deductibility of local and state taxes was approved on a motion made by Councilman Turner and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Resolution 85-271 opposing the President's proposal of a one percent rule on tax exempt bonds was approved on a motion made by Councilman Deshotel and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Councilman Samuel mentioned receipt of a call from Mrs. Celia Ross, 1388 Johns, complaining about high water bills on rental property and asked for a response. Councilman Brumley asked . if there are any other contracts that exist with Jefferson County where decisions can be made by them that effect the City. -199- August 27, 1985 Mrs. Martha Royall, 945 Central, addressed Council to speak of overall poor economic conditions. Mr. Dan Kohlhofer, 855 Howell, addressed Council to question employment of an out-of-town law firm for the collection of delinquent taxes. Reverend Timothy Hunley, 1698 LaSalle, addressed Council to suggest administrative cuts be made to cut expenses and spoke in opposition to the petition to recall Mayor Neild. Mr. Herbert Oswald, 1234 Avenue B, addressed Council to speak in opposition to the proposed ordinance regulating parades. -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, certify that the above is a true copy of the Minutes of the regular City Council session held August 27, 1985. Myrtle Corgey City Clerk -200- August 27, 1985