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MIN OCT 15 1985 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD OCTOBER 15, 1985 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 15th day of October, 1935, 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 David W. Moore Councilman, Ward IV Absent: Audwin Samuel Councilman, Ward III C. A. Shelton Interim City Manager Hugh Earnest Asst. City Attorney Lane Nichols City Clerk -000- Presentation of Employee Service Awards and Employee Recognition Awards Program was made: Those receiving 5-year pens and certificates were: William K. Richard, Jr. , Budget and Research Department; William D. Dodson, Patrol Division of the Police Department; Sue L. Behrens, Fire Administration & Support; Bertha L. Odell and Florence H. Ballard, Parks Department; Wynell Harris and Carolyn J. Semien, Community Health Services; Bernard Joseph, Building Maintenance; Bette A. Riechman, Purchasing; Alice F. Johnson, Water Distribution; and Larry J. Coleman, Sewer Maintenance. Those receiving 10-year pens and certificates were: Eddie M. Page, Streets Division; Mark A.Horelica, Traffic and Street Light Division; Jose A. Alvarado, Building Maintenance; and Betty J. Nicholas, Water Utilities, Administration. Those receiving 15-year pens and certificates were: Samuel Lewis, Sr. , Streets Division and Claude J. Wilturner, Central Stores. Those receiving 20--year pens and certificates were: N. Z. Burkhalter and Jesse Boudreaux, Jr. , Water Distribution. W. E. Cook, Services Division of the Police Department, received a 25-year pen and certificate. Andrew Simmons of the Parks Department received a pen and certificate for 30 years of service. C. A. "Pete" Shelton, Chief of the Fire Department, received a pen and certificate for 35 years of service. -2311- October 15, 1985 Employees of the Quarter were recognized for outstanding service and job performance in the following categories: Clerical Support Occupations_, Mary Ross, Library; Skilled Craft, Lester Tyler, Drainage/Transportation; Service/Maintenance Occupations, Pierre Comeaux, Water Distribution/Water Utilities; Technicians and Related Support Occupation, Burke Schreve, Code Inspections/Housing & Neighborhood Conservation; Professional Specialty Occupations, Jean Marie Wallace, Library; Para-Professional, Gladys Allen, Engineering/Transportation; Administrative/Managerial Occupation, Gloria Broussard, Water Reclamation/Water Utilities; and Protective Service Occupations, Jeffrey McNeel, Fire Department. Each Employee of the Quarter received a VIP parking space, T-Shirt, ribbon and choice of prize and picture displayed in the lobby of City Hall and each is eligible for Employee of the Year. -000- The following proclamations were issued: "Legal Secretaries Week in Beaumont" - October 14-18 and "Legal Secretaries Day in Beaumont" - October 15, 1985; "Higher Education Week in Beaumont" - October 19-23, 1985; "Feed the Needy Days" - October 19-20, 1985; "National Catholic Daughters of America's World Missions Day in Beaumont" - October 15, 1985; "Business Women's Week in Beaumont" - October 20-26, 1985; and "Mark Twain Day in Beaumont" - October 19, 1985. -000- Several representatives of Beppu City, Japan, Beaumont's Sister City, were welcomed to today's City Council session and gifts from each City were exchanged. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held October 8, 1985; Resolution 85-341 authorizing the release of $7.5 million in securities used as collateral for City deposits by First City National Bank; Resolution 85-342 authorizing payment of $1,494.35 to Johnston Pump of Houston for parts and $1,500.00 to American Machine Works of Beaumont for rebuilding the pump motor at the East Lavaca Lift Station; Resolution 85-343 authorizing the purchase of Parcel #24, 80.325 square feet out of Lot 12, Block 1 , Blanchette Addition from John Harvison, Robert W. St. Clair and William E. St. Clair at $1,300.00 for the College Street TIP Project; Resolution 85-344 amending the contract with the State Health Department for blood screening of possible AIDS victims to extend the term of this service as they are offered by the State; -235- October 15, 1985 Resolution 35-345 accepting for City maintenance the water and sanitary sewer in Lots 1-22 of the R. Williams Survey, Abstract 56 and for portions of Wellington Place and Wellington Circle constructed in Dowlen Plaza; Resolution 85-346 confirming the appointment of Marianne Fiorenza to the Civil Service Commission with a term expiring January 31, 1987; Resolution 85-347 authorizing a tax refund of $2,871.79 to the Gaylynn Shopping Center of Beaumont, Ltd. as ordered by the 58th Judicial District Court in a case styled Gaylynn Shopping Center of Beaumont, Ltd. vs. the Jefferson County Appraisal District and Appraisal Board of Jefferson County Appraisal District, A-116,295; and Resolution 85-348 authorizing an annual contract for the purchase of approximately 15 tons of aqua ammonia for use by the Water Production Plant from Weskem, Inc. of Houston at $325.00 per ton or total expected expenditure of $4,375.00. The Consent Agenda was approved on a motion made by Councilman Moore and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- No one wished to address City Council on agenda items 2 through 14. -000- Ordinance No. 85-105 granting a time extension of one year to October 13, 1986 to Wes Clinger and Glenn Gibbs on a Specific Use Permit to establish a mobile home park on property at 8030 Tram Road was considered: ORDINANCE NO. 85-105 ENTITLED AN ORDINANCE GRANTING A ONE (1) YEAR EXTENSION OF A SPECIFIC USE PERMIT ISSUED BY CITY COUNCIL ON OCTOBER 18, 1933; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- Ordinance No. 35-106 suspending the operation of the proposed rate increase filed by Gulf States Utilities Company for a period of 90 days was considered: -236- October 15, 1935 ORDINANCE NO. 85-106 ENTITLED AN ORDINANCE SUSPENDING THE EFFECTIVE DATE OF THE PROPOSED RATE SCHEDULE OF GULF STATES UTILITIES COMPANY; AUTHORIZING THE RATIFICATION OF INTERVENTION IN DOCKET NO. 6525 PENDING IN THE PUBLIC UTILITY COMMISSION OF TEXAS; REQUIRING THE CITY CLERK TO SERVE GULF STATES UTILITIES COMPANY WITH A CERTIFIED COPY OF Td IS ORDINANCE AND PROVID- ING FOR SEVERABILITY. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- An ordinance setting a public hearing relating to Gulf States Utilities' current rates at 7:00 p.m. on October 23, 1985 in the Civic Center of Port Arthur, Texas was considered: AN ORDINANCE AN ORDINANCE SETTING A PUBLIC HEARING FOR THE PURPOSE OF DETERMINING WHETHER THE RATES CURRENTLY BEING CHARGED FOR ELECTRIC UTILITY SERVICE BY GULF STATES UTILITIES COMPANY IN THE CITY OF BEAUMONT, TEXAS, ARE JUST AND REASONABLE, AND TO DETERMINE THE JUST AND REASONABLE RATES TO BE CHARGED BY SAID UTILITY COMPANY. The ordinance was denied on a motion made by Councilman Brumley and seconded by Councilman Weisbach. Question: Ayes: All Rayes: None -000- Ordinance No. 85-107 amending an ordinance adopted by Council Oxrober 1, 1985, relating to the November 5, 1985, special election by changing the polling place for Precinct 22 to Christian Schools of Beaumont, 8001 Old Voth Road, because of extensive construction at Roy Guess School, and setting responsibility of costs for the election was considered: ORDINANCE NO. 85-107 ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 85-102 WHICH CALLED A SPECIAL ELECTION FOR THE CITY OF BEAUMONT ON THE 5TH DAY OF NOVEMBER, 1935 TO MANGE A POLLING PLACE AND PROVIDE THE TERMS OF A JOINT ELECTION WITH JEFFERSON COUNTY. -237- October 15, 1985 The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution 85-349 authorizing employment of expert witnesses and other witnesses to provide professional services relating to arbitration of a labor agreement with Local 399 of the International Association of Fire Fighters and appointing Kenneth E. Wall, Jr. , as a member of the Arbitration Board and authorizing the City's costs related to arbitration was aporoved on a motion made by Councilman Brumley and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution 35-350 authorizing, the employment of Underwood, Neuhaus and Company as fiscal agents at $20,000; Vinson & Elkins as bond counsel at $10,000 and estimating the other fees at $20,000, necessary for the completion of the refunding of the Waterworks and Sewer System Certificates of Obligation sold to the Texas Water Development Board (bond issue at $6.7 million to refund $6.65 million with $50,000 in issuance costs) was approved on a motion made by Councilman Deshotel and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- A resolution authorizing an annual maintenance contract with Interlogic Trace, Inc. of Dallas for the Datapoint Computer System at the Police Department at $14,630.16 from October 1, 19635 to September 30, 1936 was deferred on a motion made by Councilman Moore and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- - resolution consenting to the formation of a Rural Fire Protection District to be called the West Jefferson County Rural Fire Prevention District (requested by the China Volunteer Fire Department) was denied on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question: Ayes: All Naves: None -000- Resolution 35-351 authorizing purchase of an annual supply of computer paper for the Data Processing Division from Bowater Computer Forms, Inc. at $11,556.21 was approved on a motion made by Councilman Moore and seconded by Councilman Turner. Question: Ayes: All Nayes: Nona -000- -233- October 15, 1935 Resolution 85-352 authorizing Change Order No. 2 to Contracts 6B, 1$3 and 1SD with John Bankston Construction and Equipment Rentals, Inc. for adjustment of as-built quantities and authorizing final payment of $93,346.84 to the contractor for construction of sanitary and storm sewer improvements under an Environmental Protection Agency 25/75 percent construction grants program (completed contract - $1,313,511.22) was approved on a motion made by Councilman Weisbach and seconded by Councilman Deshotel. Question: Ayes: Alt Nayes: None -000- Resolution 35-353 awarding bids for furnishing a closed container collection service to R.E.M. Waste Control of Nederland for all City facility locations except the Civic Center and Fair Park Arena at $9,960.00 and to Browning Ferris Industries (BFI) at $3,330.00 for the Civic Center and Fair Park was approved on a motion made by Councilman Moore and seconded by Councilman Turner. Question: Ayes: Alt Nayes: None -000- Resolution 35-354 authorizing application for a $50,000 Community Occupant Protection Program grant from the Texas Department of Highways and Public Transportation to encourage safety belt usage and car safety usage was approved on a motion -nade by Councilman Brumley and seconded by Councilman d3aisbach. Question: Ayes: All Nayes: None -000- Resolution 35-355 approving an annual maintenance agreement with Rusco Electronic Systems at $3,916.80 for the automated fuel system located at the Service Center on Lafin Road as well as the Street and Traffic area on Concord was approved on a motion .nade by Councilman Brumley and seconded by Councilman Turner. Question: Ayes: All Nayes: None -000- A public hearing was called to consider dilapidated structures. Sherrell Cockrell, Director of the Housing and Neighborhood Conservation Department, told Council that all the below-l-isted structures are in violation of Article I'll, Sections 14-50 and 14-51 of the Dangerous Structures Ordinance of the City of Beaumont and that all notification procedures have been :net: 1260_BOLIVArR - Bob Knowles, owner (11 violations), recommendation to raze or repair within 30 days; 2395 BUCHANAV - Judy Reeves Ramsey, ownar (14 violations), recommendation´┐Ż to raze_ or repair within 30 days; 13_90_ COLLEGE _- Russell W. McDaniel c/o larie Sanders, owner (11 violations), recommendation to raze or repair within 30 days; 1095 _ISLA_ (REAR) - 0. B. Brent, owner (13 violations), recommendation to raze_ within- 30_days; 1360 LOUISIANA - Peter Byrd, owner (9 violations), recommendation to raze or repair within 30 days; 257.5 _w''1. LUCAS (10 violations) and 2525--W. LUCAS,` STOaAGE--BUIF-DI14G (11 -239- October 15, 1935 violations) - Curtis F. Dixon, Jr. , owner, recommendation for both structures to raze or repair within 30 days; 5415 McANELLY - L. W. Moncrief, owner (15 violations) , reeom-neadatlon to raze within 30 days; 1044 MILLER - Carlton Walters, owner (18 violations), recommendation to raze within 30 days; 740 POWELL - Helen Douglas c/o Mrs. Loretta Vaughn, owner (15 violations), recommendation to raze within 30 days; 1132 ST. CHARLES -- Seth L. Bagneris, owner (20 violations), recommendation to raze within 30 days; 650 SHAMROCK - Eva C. Daniels, owner (9 violations), recommendation to raze or repair within 30 days; 737 STANTON - Nolia Newman, owner (15 violations) , recommendatin to raze within 30 days; 710 SUNNYSIDE - Merle Leado Mancil, owner (17 violations), recommendation to raze or repair within 30 days; 1325 VAN BUREN - Lewis 11. McCarty, owner (8 violations), recommendation to raze or repair within 30 days; and 705 WOODROW - Percy Foreman, owner (16 violations), recommendation to raze or repair within 30 days. The public hearing was opened: Mr. Lewis McCarty, owner of the structure located at 1325 Van Buren, addressed Council to say that he had done some rehabilitation work of the structure and requested an additional 6 months to complete the work. Mr. Curtis Dixon, 6550 Wilder, owner of the structures located at 2525 W. Lucas, addressed Council to say that he would complete the rehabilitation needed for the reside-ace within two weeks and would begin work on the storage building and asked for an additional 90 days for completion of the storage building. Mr. Larry Moncrief addressed Council concerning the structure located at 5415 McAnelly to say that the structure was part of a divorce settlement to become property of Louise Moncrief when the divorce becomes final and thought finalization would be within 2 weeks. The public hearing was closed. Mayor Neild made a motion to accept the recommendations of staff with amendments to allow 90 days rehabilitation for the rear storage building located at 2525 W. Lucas; 6 months rehabilitation for the structure located at 1325 Van Buren and to defer action for the structure located at 5415 McAnelly for one month to determine ownership; motion was seconded by Councilman Moore. Question: Ayes: All Nayes: None Ordinance No. 85-103 declaring certain dilapidated structures to be public nuisances and requiring their repair or removal was considered: ORDINANCE NO. 85-103 E_NTI.PGED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR REPAIR OR DEMOLITION; PROVIDING FOR SEVERABILITY AND PRO- VIDING FOR PENALTY. The ordinance was approved on a motion made by Mayor Neild and seconded by Councilman Moore. Question: kyes: All Naves: None -240- October 1 5, i985 A progress report for the structure located at 2335 Monroe was made by Ms. Cockrell. She told Council that, as a result of the third letter to Mr. Daigle, owner of the structure, a written work program has been submitted to the City for rehabilitation of the structure - repairs to the porchs, eaves and paint would be done by November 10th, foundation repairs by December 10th and further work scheduled from that time. -000- COUNCILMAN MOORE: My comments are in regards to our search for City Manager and I just wanted to make the statement that I don't think this Council made the statement that we were closing off any local applicants that wished to apply for that job. You know, if there is someone that felt strongly about being able to handle that, I'm certainly not closed to that and it seems like the interest . . . well, the impression is that it is closed to local people and we are only looking abroad or out of state or whatever the case may be and I for one am not closed to that. If there is a qualified person that wishes to place their name in the hat for it, if the Chief doesn't want to stay there, that's fine and just want everyone to 'Know that I am open to that. MAYOR NEILD: I have a comment. I am extremely upset with the Sheriff-s stance in connection with the jail and I'm upset primarily from the comment that he made in the paper - that Beaumont's not looking for a handout from the County and that the prisoners that we were going to send to him, we were going to pay for. And, what we are hearing in this community and this county is people want us to be cost effective and a joint use of the jail is cost effectiveness. qis consultant told him it was feasible and, as far as I knew, it was something he was going to do and he has changed his mind and I am sorry that he feels that way but I want him to know, and I will tell him in a letter, that Beaumont's not asking for a handout from him - we are going to pay for what we use, but we want it to be cost effective and we want him to be. Councilmembers supported these comments and agreed to pursue the matter to a favorable or equitable, County-wide, solution. COUNCILMAN BRUMLEY: I've got one little deal and Tyrone (Cooper, Asst. 'City Attorney) is the one that is working on it. You might be familiar with it and it's the . . . It deals with the City and the Drug Testing for the School District. Wayne (Councilman Turner) was there and I think they've run into some . . . apparently another problem with the County, I think is what it amounts to. But I want to get updated on that and if there is some problem with the lab, whatever the deal is, I guess the sum total is if the County is not going to provide that service of drug testing for the School District, then I'd 'Like for the City to look into getting that lab back or going to a lab or going to some area that can provide that service to the School District. -241- October 15, 1935 LANE NICHOLS, CITY ATTORNEY: I have talked with both Tanner (Hunt, attorney for the Beaumont Independent School District) and Lavon (Jones, an attorney with Jefferson County) on it. I don't think it is all over with. I have talked with Tanner and Lavoa on it and I think there's a chance that it will still work out. Tanner has talked with the Judge and he's got a deal worked out with him - it is just a matter of now making sure that the County can buy off on it. I am not sure they have completely stone-walled it. COUNCILMAN DESHOTEL: Do they have the only machine. We don't have one at B?D. MR. NICHOLS: No, the Regional Crime Lab . . . it's a regional crime lab of which we are a member and the County . . . it's now in their facility and they operate it and maintain it. -000- Mr. Allen E. Burch, 4610 Barton Lane, addressed Council to complain that there are too many deadend streets in the westend of Beaumont and asked that Council consider construction to open some of these for easier flow of traffic. Mrs. Delia Harrington, 815 Willow Street, addressed Council In support of Council's action to hold public hearings in Beaumont concerning Gulf States Utilities Company's request for rate increase. Mr. L. E. Vaughn, 2475 Ranier, addressed Council to request that speed limits be reduced to 35 mph on Ilth Street (presently 40 mph on Ilth from Milam south and 35 mph on 11th from Milam north); be reduced below 35 mph on Fannett Road in the area of West Brook 9th Grade Center (speed limit 40 mph) and be reduced below 35 mph on Sarah from Fannett Road, especially in front of the L. L. Melton YMCA and Our Mother of Mercy Church and School because of the number of children in the area walking to and from school or church activities. In addition, Mr. Vaughn complained about excessive speeding on 11th Street from Washington Blvd to Fannett Road by Police Officers asked that they be told to reduce their speed for safety in the area, saying that there are 7 intersections, 5 churches and 2 schools in the area. -000- There being no further business, the session was recessed before continuing with the City Council Workshop Session. -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 October 15, 1985. Rosemarie Chiappetta Deputy City Clerk -242- October 15, 1985