Loading...
MIN SEP 24 1985 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD SEPTEMBER 24, 1985 - 1:15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 24th day of September, 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 Myrtle Corgey City Clerk Lane Nichols City Attorney -000- The Invocation was given by the Very Reverend Ben Shawhan, Associate Pastor of St. Stephens Episcopal Church. The Pledge of Allegiance was led by Mayoc Neild. •000- Three proclamations were issued: "Emergency Medical Services Week in Beaumont" - September 29 through October 5, 1985; "Minority Enterprises Development Week ` in Beaumont" - October 1-4, 1985 and "Amnesty International Day" - September 24, 1985. -000- The following Consent Agenda items were considered: ;tesolution 35-307 authorizing the release of $1,000,000 in securities by Allied Bank of Beaumont, N. A. and the release of $6,500,000 in securities by First City Bank of Beaumont; Resolution 85-308 authorizing agreements with Parkdale Bank, Interfirst Bank- Beaumont, MBank of Beaumont, First Federal Savings and Loan Association, Jefferson Savings Loan Association, Spindletop Savings Association, Lamar Bank, Plaza Bank, Texas Commerce Bank-Beaumont, Allied Bank-Beaumont, N.A. , First Texas Savings Assosciation, Home Savings of America, San Jacinto Savings and Loan Association, First City National Bank of Beaumont, Beaumont Bank, Fidelity Savings and Loan Association to serve as City depositories for investment purposes for a two-year term; -215- Septemh<�r 24, 1985 Aw solution 35-309 authorizing execution of a contract with Ronald Pfleider for We operation of the Henry Romberg Golf Course for three years; Josol"Llon 3)-310 anthor_ Lzing acquisition of Parcel No. 223, 3, 250 square feet out of Lotq I , 2 and 3, Block 19 of the Ogden Addition for the M. L. King, Jr. Parkway/Spur 330, Phase CLI Project, from Ernest H. Foster at $29,000; and Aes olution 35-311 appointing James E. Montgomery to fill the unexpired term of 'dike Ramsey, term to expire July 31, 1936. ine Consent Agenda was approved on a motion made by Councilman Deshotel and secondad by Councilman Samuel. )uostion: Ayes: All Nayes: "Zone -000- o cLtizaus ,addressed Council concerning Agenda items 3-5, excluding budget -000- the second puhlic hearing on the proposed 1935-36 budget was held. :Li'Y MANAGER NOLLENBERGEA: I don"t have any preliminary comments to make, Your Honor. This is the second public hearing; of the budget which would allow for any public input on docLsions Wade by the City Council so far prior to your actual consideration of LAO Sudgct items later on in the agenda. W01 NEILD: As you know, the Council has been going through a long process and ;many hours with participation from the citizens over the last six weeks or so and this is a public hearing where anyone would like to make a comment in connection with that, they may come to the podium and give us your name and address and address any of the issues in connection with the budget. There not being anyone who wants to address the budget, then we will move forward and close the public hearing and begin the agenda. -000- An ordinance granting a Specific Use Permit for a pool hall/lounge on property at 3110 Concord (requested by John W. Edwards, Jr. , renter) was considered: AN ORDINANCE ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR A LOUNGE ON PROPERTY LOCATED AT 3110 CONCORD, BEAUMONT, TEXAS. -216- September 24, 1985 The ordinance was denied on a motion made by Councilman Turner and seconded by Councilman Deshotel. Question: Ayes: Mayor Neild Nayes: Councilman Brumley Councilman Deshotel Councilman Turner Councilman Samuel Councilman Moore -000- Ordinance No. 85-92 abandoning a five-foot utility easement on property at 470 Norvell, described as the south 36 feet of Lot 7 and the north 28 feet of Lot 8, Block 15 of the Gulf Terrace Addition (requested by Cary C. Bass, Jr. , Trustee for Homequity, Inc. , for clear title) was considered: ORDINANCE NO. 85-92 ENTITLED AN ORDINANCE ABANDONING A 5 FOOT UTILITY EASEMENT ON PROPERTY LOCATED AT 470 NORVELL AND DESCRIBED AS THE SOUTH 36 FEET OF LOT 7 AND THE NORTH 28 FEET OF LOT 8, BLOCK 15, GULF TERRACE ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. The ordinance was approved on a motion made by Councilman Brumley and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- CITY MANAGER N",;,LENBERGER: Item No. 3 oo the agenda, Your Honor, encompasses a number of items, a-k, and they all reli. .2 to the budgetary discussions that the City Council has been undertaking f, ,_ the last seven weeks or so. Before I start that, I just want to make a c., 'nent that it has been a very long and arduous budget process and the Councilme., ,ers, I know, have spent more time on budgets than you have in a number of years due to the financial conditions that the City has found itself in; but I do w:iit to make sure that we recognize the Budget and Research staff - Kirby Richard, the Budget and aesearch Director, and Tom Lowrance and Sue Brubaker, who have spent a lot of time and effort being responsive in a most difficult situation. Ordinance No. 35-93 amending the fiscal year 1984-1985 budget (increasing the City Clerk budget by $25,310 due to unanticipated expenses associated with elections, increasing the Legal Department budget by $47,830 because of continuing exp,, uses associated with litigation efforts directed at recovery of monies in the ESM case, adjusting the Finance Department budget by $94,500 to account for the settlement of the bank stock case recently approved by Council and increasin„ the Water Fund Budget by $18,110 to accommodate additional unanticipated expenses deriving for an assessment made against the Water Fund of legal expenses assosciated with the ESM case) was considered: -217- September 24, 1985 14.:GY ORDINANCE NO. 85-93 ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL PERIOD COMMENCING OCTOBER 1, 1984 AND ENDING SEPTEMBER 30, 1985 BY INCREASING TKE APPROPRIATIONS IN THE CITY CLERK'S BUDGET, CITY-WIDE CHARGES, FINANCE DEPARTMENT, AND WATER FUND; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Turner and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Ordinance No. 85-94 adopting the tax roll in the amount of $2,867,002,595 for the City of Beaumont and establishing the tax rate at $0.69 per $100 valuation (46.46 cents For the general fund and 22.54 cents for debt service) was considered: ORDINANCE NO. 35-94 ENTITLED AN ORDINANCE APPROVING THE TAX ROLL FOR THE CITY OF BEAUMONT FOR THE YEAR 1985; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING, ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 1986; TO PROVIDE A GENERAL FUND AND A SINKING FUND TO MEET THE PAYMENT OF ALL BONDED INDEBTED- NESS OF THE CITY OF BEAUMONT AND THE PAYMENT OF INTEREST 'THEREON; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Mayor Neild and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Ordinance No. 85-95 adopting the fiscal year 1935-1986 budgets and appropriating monies (General Fund at $41,665,340; Water Utilities Fund at $13,757,490; Sanitation Fund at $3,426,700; Fleet Fund at $3,430,560; General DebtService Fund at $6,961 ,640; Municipal Transit Fund at $1,425,600; Revenue Sharing Fund at $1,687,000; Central Stores Fund at $204,270; Sanitary Landfill Fund at $1 ,830,310; Capitallmprovements Fund at $7,620,200; and Insurance Fund at $6,080,490) was considered: -213- September 24, 1985 ORDINANCE NO. 85-95 ENTITLED AN ORDINANCE REFERRED TO AS 'THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE ENSUING FISCALPERIOD BEGINNING OCTOBER 1, 1985 AND ENDING SEPTEMBER 30, 1986, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Samuel. 1-2uestion: Ayer: All Nayes: None -000- Ordinance No. 35-96 establishing water and sewer rates was considered: ORDINANCE NO. 85-96 ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO PROVIDE WATER AND SEWER RATES; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Turner and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Ordinance No. 85-97 establishing sanitation rates was considered: ORDINANCE NO. 85-97 ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO PROVIDE SANITATION FEES; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Samuel and seconded uy Councilman Moore. Question: Ayes: All Nayes: None -000- -219- September 24, 1985 Ordinance No. 35-98 amending the Administrative Ordinance of the City of Beaumont (moving the functions of the Finance Department from Administrative Services with the Finance Officer reporting to the City Manager/Director of Finance) was considered: ORDINANCE NO. 85-98 ENTITLED AN ORDINANCE CREATING THE DEPARTMENT' OF FINANCE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. fhe ordinance was approved on a motion made by Councilman Brumley and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- P.asolution 85-312 authorizing execution of a one (1) year renewal contract with the National Center for Municipal Development, Inc. to provide services of a Washington assistant (Mrs. Carolyn Chaney) for the City effective November 1 , 1935 through October 31, 1986 at a cost of $32,745.00 plus reimbursable expenses not to exceed $4,000 was approved on a motion made by Councilman Brumley and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution 85-313 authorizing execution of a contract with the South East Texas Arts Council granting funds in the amount of $115,571 was approved on a motion made Councilman Turner and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- 2esolution 85-314 authorizing execution of a contract with the Economic Development Council for Section 302a grant funding in an amount of $50,000 was approved on a motton made by Councilman Moore and seconded by Councilman Turner. Question: Ayes: All Nayes: None -000- :esolution 85-315 authorizing execution of a contract with the Chamber of Commerce for operation of the Convention and Visitors Bureau in the amount of $373,910 was approved on a motion made by Councilman Turner and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- -220- September 24, 1985 Resolution 35-316 authorizing execution of a contract with the First Stop Business Center in the amount of $18,875.00 was approved on a motion made by Councilman Brumley and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Ordinance No. 85-99 adopting an additional 15 percent penalty on taxes- penalty and interest due was considered: ORDINANCE NO. 35-99 ENTITLED AN ORDINANCE AMENDING C;IAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO PROVIDE FOR AN ADDITIONAL FIFTEEN PERCENT (15%) PENALTY ON rHE AMOUNT OF DELINQUENT TAXES PENALTY AND INTEREST DUE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question: Ayes: All Nayes: None -000- t,,sulutton 35-31.7 supporting the Constitutional Amendments Mos. 1 and 2 to tLuaace impLl!melitation of the State Water Program for Texas was approved on a motion made by Councilman Turner and seconded by Councilman Brumley. ;Question: Ayes: All Nayes: None -000- A public hearLrn,; was called to consider dilapidated structures. SAier.re1L CockreLL, Director of the dousing 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: 1510 - Marie Clotilda, c/o Wilma Wyatt, owner (20 violations), recommendation to raze within 30 days; 1638 ANNIE - Jo Ann Leday, owner (20 violations), recommendation to raze within 30 days; 1675 AVENUE C - Xavier Buxie, owner (14 violations), recommendation to raze or repair within 30 days; 1474 AVENUE D (GEAR) - A. T. Gordon, owner (6 violations), recommendation to raze within�30- days; 3138 BOLIVAR - Rose Finegold, owner (17 violations), recommendation to raze within 30 days; 1450 BRADLEY - Will H. Rolls, Jr. , owner (13 violations), recommendation to raze within 30 days; 402 CALIFORNIA - Mrs. J. C. Guidry c/o Joseph Guidry, owner (14 violations), recommendation to raze within 30 days; 1080 CATALPA - Reverend James Hebert, owner (14 violations), recommendation to raze within 30 days; 4245 CONGRESS - Rodney Conway, owner -221- September 24, 1935 (12 violations), recommendation to raze or repair within 30 days; 3032 CORDOVA - James Roland, owner (17 violations), recommendation to raze within 30 days; 2625 CROCKETT - Hearvey L. Scott, owner (12 violations), recommendation to raze within 30 days; 3055 W. CROCKETT - Booker Fayson, owner (7 violations), recommendation to raze within 30 days; 715 DEVILLENEUVE - Patricia Daigre, owner (14 violations), recomemndation to raze or repair within 30 days; 2430 DURDEN - Ray Howard Wright, owner (15 violations), recommendation to raze within 30 days; 823 GRANT - Charlie Mays, owner (16 violations), recommendation to raze within 30 days; 2145 HEBERT - Lucille Briggs, owner (10 violations), recommendation to raze within 30 days; 2145 HEBERT (GARAGE) - Lucille Briggs, owner (10 violations), recommendation to raze within 30 days; 2155 HEMLOCK - Charles Hope, owner (14 violations), recommendation to raze or repair within 30 days; 3305 HOLLYWOOD - D. J. Gillis, owner (14 violations), recommendation to raze within 30 days; 1074 LONG - Adam Coward (16 violations), recommendation to raze within 30 days; 2340 E. LUCAS - E. E. Coco, owner (12 violations), recommendation to raze or repair within 30 days; 3405 MAGNOLIA - Sam Paradice, owner (14 violations), recommendation to raze or repair within 30 days; 2255 ORANGE - Robert Jones, et ux, owner (12 violations), recommendation to raze or repair within 30 days; 3370 RIVERS ROAD - Jose D. and Mary Lou Rivas, owner (17 violations), recommendation to raze within 30 days; and 1879 WASHINGTON BOULEVARD (14 violations) & 1895 WASHINGTON BOULEVARD (13 violations) - Mike Sinclair, owner, recommendation to raze both within 30 days. Progress updates were given for the structures located at 2057 College, 3390 Ector and 2385 Monroe that had been granted various extensions at the time of the last dilapidated structures hearing. The public hearing was opened: Mr. Xavier Buxie, 1675 Avenue C, addressed Council to request an additional six (6) months for rehabilitation of the structure. Mr. Melvin L. Guidry, 3580 Port Arthur Road, Apartment 401, representing the structure located at 402 California, addressed Council to request an extension of 90 days to begin rehabilitation of the structure. Mr. Guidry told Council that he is a disabled veteran and is waiting for receipt of payment of retroactive benefits. Mr. Booker T. Fayson, 2815 Amarillo, representing the structure at 3055 W. Crockett, addressed Council to request an extension to January 15, 1986, to begin rehabilitation of the structure. There being no one else to address Council, the public hearing was closed. Ordinance No. 85-100 declaring certain dilapidated structures to be public nuisances and requiring their repair or removal was considered: -222- September 24, 1985 ORDINANCE NO. 85-100 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES, AND ORDERING THEIR REPAIR OR DEMOLITION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR PENALTY. The ordinance, excluding the three (3) structures located at 1675 Avenue C, 402 California and 3055 W. Crockett, was approved on a motion made by Councilman Deshotel and seconded by Councilman Samuel. Question: Ayes: All Nayes: None The structure located at 1675 Avenue C was granted a six (6) month extension with establishment of a formal work program by the owner on a motion made by Councilman Deshotel and seconded by Councilman Moore. Question: Ayes: All Nayes: None The structure located at 402 California was granted a raze or repair order within 90 days with establishment of a formal work program by the owner on a motion made by Councilman Deshotel and seconded by Councilman Samuel. Question: Ayes: All Nayes: None The structure located at 3055 W. Crockett was granted an extension to January 15, 1985 with establishment of a formal work program by the owner on a motion made by Councilman Samuel and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Mayor Neild called an Executive Session, pursuant to Section II of the Texas Opening Meetings Act, to consider litigation and personnel, to be held immediately following the Council Workshop Session. -000- Councilman S<uwiel told Council that he had received a complaint from Mr. Samuel White, 515 E'. Gill, concerning property at the end of E. Gill. Councilman Samuel told Council he had reviewed the area and asked that the Health Department and the Sanitation Department inspect it for correction of the problems. Mayor Neild asked the City Attorney to furnish Council with an update on reports to be filed by Liberty TV Cable, their response time to complaints, and whether the 24--hour phone number is being maintained as agreed on. -000- ar. Raymond Chaison, 1130 Lamar, addressed Council to request that reconsideration be given to the school crossing guards that were cut in the 1985-86 budget. -223- September 24, 1985 The Very Reverend Ben Shawhan, associate pastor of St. Stephens Episcopal Church and president of the Beaumont Ministers Association, addressed Council to pledge support of the religious community in bringing unity to the City. Messrs. Josh Allen, 4750 Chadwick, and C. L. Sherman, 585 Belvedere, representing the Tax Reduction Committee, Lindsey Walker, 8125 Evangeline, and Mrs. Micki Carpenter, 29 Sandelwood, addressed Council to commend their efforts and action in adopting the 1985-86 budget. Mr. Ernie Shackelford, 11755 Carpenter Road, addressed Council to request that ditches be clean and trash be picked up in his neighborhood. State Representative Al Price addressed Council to thank Council for the proclamation presented today calling attention to the many troubles of the country of Namhta in South Africa. -000- There being no further business, the meeting was recessed before continuing with the City Council Workshop Session. -000- I, Myrtle Cor„ey, 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 September 24, 1985. Myrtle Corgey City Clerk -224- September 24, iS85