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MIN NOV 19 1985 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD NOVEMBER 19, 1985 -- 1 :15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 19th day of November, 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 C. A. Shelton Interim City Manager Hugh Earnest Asst. City Manager Lane Nichols City Attorney (*Councilman Turner arrived late) -000- The Invocation was given by the Reverend Glen Spann, pastor of St. Luke's United Methodist Church. The Pledge of Allegiance was led by Mayor Neild. -000- Two proclamations were issued: "Smoke Free Day for City Employees" - November 21, 1985 and "National Family Week in Beaumont" - November 24-30, 1935. -000- Two 3rd grade classes (approximately 60 children) from Vidor's Oak Forest Elementary School were welcomed to today's session. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held November 12, 1985; Resolution 85-394 authorizing the release of $100,000 in securities used as collateral for City deposits by MBank - Beaumont; -259- November 19, 1985 Resolution 35-395 correcting R-85-371, dated 11-5-85, f or the pledge of collateral by Fidelity Savings to reflect the pledgee bank of Texas Commerce Banc - Beaumont; Resolution 85-396 appointing Robert Pollard to the Parks and Recreation Advisory Committee to fill the unexpired term of James F. Jackson, term expiring June 30, 1980; Resolution 85-397 stating the intent of the City of Beaumont to hold a joint General Election with the Beaumont Independent School District to be held on April 5, 1986; and Resolution 85-398 accepting for City :maintenance the water and sanitary sewer improvements in Lots 1-21, Block 29-A; Lots 1-10, Block 30-A; Lots 1-9,Block 31-A and Lots 1-21, .Block 32-A and street improvements for Riggs Street from Calhoun approximately 1950 .feet east that were constructed in Gulf Terrace Addition 29A-32A. The Consent Agenda was approved on a motion made by Councilman Moore and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- (* Councilman Turner arrived here.) No one wished to address Council on Agenda items 3 through 12. Ordinance No. 85-113 amending Chapter 24 of the Code of Ordinances, relating to subdivisions (to bring ordinance into compliance with recent changes made by the State Legislature to Article 974x, the statute that sets out the rules for land subdivision in Texas) was considered: ORDINANCE NO. 85-113 ENTITLED AN ORDINANCE AMENDING CHAPTER 24 OF 'rdE CODE OF ORDINANCES OF THE CITY OF BEAUMONT CONCERNING SUBDIVISION REGULATIONS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Change: Sec. 2.4-10(d) FROM: "Notwithstanding . . . set for in the following subdivisions T) through (3) TO: "Notwithstanding . . . set forth in the following subdivisions (1) through (9) inclusive . . . ' Add: Sec. 24-10(d)(9) to relocate one or more lot lines between one or more adjacent lots where the owner or owners of all such lots join in the application for the plat amendment, provided that such amend- ment does not: A. Attempt to remove recorded covenants or restrictions; OR B. Increase the number of lots. The ordinance was approved on a motion made by Councilman Brumley and seconded by Councilman Weisbach. Question: Ayes: All Nayes: stone -260- November 19, 1985 Ordinance No. 85-114 abandoning the north 5 feet of a 20-foot utility easement at 1251 Westmeadow Drive and described as Lot 31 , Block 9, Evangeline Meadow, Unit 3 (requested by Bruce A. Craig, owner, to correct encroachment of existing concrete slab for a single family residence) was considered: ORDINANCE NO. 85-114 ENTITLED AN ORDINANCE ABANDONING THE NORTH 5 FEET OF A 20-FOOT UTILITY EASEMENT ON PROPERTY LOCATED AT 1251 WESTMEADOW AND DESCRIBED AS LOT 31, BLOCK 9, EVANGELINE MEADOW UNIT 3, BEAUMONT, JEFFERSON COUNTY, TEXAS. The ordinance was approved on a motion made by Councilman Moore and seconded by Mayor Neild. Question: Ayes: Mayor Neild Nayes: Councilman Turner Councilman Deshotel Councilman Weisbach Councilman Brumley Councilman Samuel Councilman Moore -000- Ordinance No. 115 adopting the Parade Ordinance was considered: ORDINANCE NO. 85-115 ENTITLED AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ADDING A NEW "ARTIC.LE 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. The ordinance was approved on a motion made by Councilman Weisbach and seconded by Councilman Turner. Question: Ayes: All Mayes: None COUNCILMAN MOORE: Before we move into the next item, I just want to make sure that the City staff makes it a point to send notices to people who normally have parades here or anticipate having. . .you know, an annual type parade, letting them know what the procedure is in the event they want to have one so we won't have a problem with them being rejected one way or another. -000- -251- November 19, 1985 Ordinance No. 35-116 revising sections of the Tow-away and Wrecker Ordinances was considered: ORDINANCE NO. 35-116 ENTITLED AN ORDINANCE AMENDING CHAPTERS 26 AND 29 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT REGARDING THE DISPATCH OF EMERGENCY WRECKERS; REPEALING CHAPTER 29, SECTION 29-78, AND ADDING TWO NEW SECTIONS 29-88 REGARDING CHARGES FOR EMERGENCY WRECKERS AND 29-39 REGARDING CONTROL OVER VEHICLE STORAGE; PROVIDING FOa SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Samuel and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- An ordinance approving the City of Beaumont 1985 final tax roll was considered: AN ORDINANCE ENTITLED AN ORDINANCE ADOPTING THE 1985 TAX ROLL FOR THE CITY OF BEAUMONT. The ordinance was deferred on a motion made by Councilman Moore and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- Resolution 35-399 authorizing approval of the preliminary official statement for the issuance of $4.5 ;pillion for the Tax Anticipation Notes was approved on a motion made by Councilman Turner and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Ordinance N o. 35-117 authorizing the issuance and sale of $4. 5 million Tax Anticipation Notes, Series 1985, to Erlich - Bober, Co. , Inc. of New York, was considered: ORDINANCE NO. 85-117 ORDINANCE AUTHORIZING THE ISSUANCE OF $4,500,000 TAX ANTICIPATION NOTES, SERIES 1985 -262- November 19, 1985 The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Weisbach. Question: Ayes: All Mayes: None -000- Resolution 85-400 authorizing approval of the preliminary official statement on the issuance of $6.7 million in refunding bonds and notice of sale was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question: Ayes: All Mayes: None -000- A resolution authorizing purchase of a computer oline printer and two 16-port controller boards was deferred to later in the session for further information concerning monthly rental and length of time used for the printer and controller board now in use with the City's computer and the compatibility, with or without modifications, of the printer to be purchased. -000- Resolution 85-401 authorizing purchase of paper products for the Water Commercial Division from The Rein Company at $4,935.00, Moore Business Forms at $1,655.00; Action Business Forms at $452.00 and Mr. Forms, Inc. , at $1,167.00 was approved on a motion made by Councilman Brumley and seconded by Councilman Moore. Question: Ayes: All Mayes: None -000- Resolution 85-402 authorizing grants totaling, $25,260, for historic museums from funds from the Hotel/Motel Room Occupancy Tax (Babe Oidrikson Zaharias Museum at $7,630, Beaumont heritage Society Historic Tours at $10,000 and Spindletop Museum and Gladys City Boomtown at $7,630) was approved on a motion made by Councilman Turner with an amendment to fund these grants on a quarterly basis; motion with the amendment was seconded by Councilman Brumley. Question: Ayes: All Mayes: None -000- Resolution 85-403 authorizing execution of a contract with the Texas Department of Health for funding the Head Nurse and one Public Health Nurse II at $52,176; an Environmental Health Specialist, Health Educator, Nurse Practitioner, and a Clerk I in Health Administration at $78,098; three Public Health Nurses, one Clerk I or Nursing, and $2,200 to assist with the payment of physicians to Conduct the Child Health Clinics at $73,405; $4,500 to pay dentists for dental treatment services to indigent children through age 18; and $13,054 f orpartial salary and fringe benefits for those employees involved in the AIDS testing program and extending that testing through April 22, 1986; was approved on a motion made by Councilman Deshotel and seconded by Councilman Weisbach. Question: Ayes: All Mayes: None -263 November 19, 1985 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-listed structures are in violation of 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: 720 CHAMBERLIN - J. B. Frey, Jr. , owner (14 violations), recommendation to raze within 30 days; 720 CHAMBERLIN (REAR) - J. B. Frey, Jr. , owner (5 violations), recommendation to raze within 30 days; 2950 CHARLES (REAR) - Mrs. W. E. Wallace, owner (7 violations), recommendation to raze or repair within 30 days; 5450 COLLEGE (Beaumont Motel) - Mrs. Douglas Gary, owner (15 violations), recommendation to raze within 30 days; 1090 CROCKETT - Phyllis Plaia Dursoe, owner (12 violations), recommendation to raze or repair within 30 days; 1174 GRANT - John & Della Lopez, c/o D. T. Caldwell, owner (11 violations), recommendation to raze within 30 days; 1174 GRANT (R-SHED) - John & Della Lopez, c/o D. T. Caldwell, owner (6 violations), recommendation to raze within 30 days; 1455 IH-10 EAST - East Mt. Olive Baptist Church, owner (10 violations), recommendation to raze or repair within 30 days; 4565 IRONTON - Westwood Mortgage, owner (12 violations), recommendation to raze or repair within 30 days; 4196 KENNETH - G. N. Lowrey Estate, owner (3 violations), recommendation to raze or repair within 30 days; 1345 LA_MAR - Lessie M. Fontenot, owner (6 violations), recommendation to raze within 30 days; 149_2 OAKLAND - East Mt. Olive Baptist Church, owner (11 violations), recommendation to raze or repair within 30 days; 875 PEACH - First Union Missionary Baptist Church, owner (17 violations), - recommendation to raze within 30 days; 2475_ PENNSYLVANIA - Moses Dyers, owner (16 violations), recommendation to raze within 30 days; 19_0_5 PINE - Alexis Maxine, owner (11 violations), recommendation to raze within 30 days; 3665 WAVERLY - Tim Warren, owner (11 violations), recommendation to raze or repair within 30 days; and 4015 WILLIE- MAE - Lillian Frank, owner (18 violations), recommendation to raze or repair within 30 days. The structures listed below have been condemned by Council and the owners ordered to either raze or repair the structures within specified time frames. Reinspection of these structures have revealed non-compliance with Council's order. The Housing and Neighborhood Conservation Department/Code Enforcement Division requests authorization to demolish these structures in accordance with the Dangerous Structure Ordinance and charge the property owners with the cost of the demolition: 1260 Bolivar, 2395 Buchanan, 715 DeVilleneuve, 2155 Hemlock, 1360 Louisiana, 2340 E. Lucas, 710 Sunnyside and 705 Woodrow. Ms. Cockrell told Council: "The next structure located at 2057 College which is a commercial radio repair shop - this is just an update on this structure. Council granted the propety owner 60 days to raze or repair the structure on August 20, 1985. A reinspection was made November 18th, which revealed no repairs or demolition have begun. There were no permits secured nor has the property owner made any effort to contact as to initiate a work program. The staff requests condemnation of the structure at 2057 College and order razed within 30 days." -264- November 19, 1935 The public hearing was opened: Mr. Wayne Wallace, 3440 Betty, representing the structure located at 2950 Charles, Rear, addressed Council to say that this structure was used as a barn and questioned the need to bring it to Code when it is in a wooded section of a rear yard and completely fenced. He told Council that utilities were no longer connected and it was only used for storage. Mr. Wallace complained about the Code Enforcement staff. Mrs. Catherine Gary, representing the structure located at 5450 College, the former Beaumont Motel, addressed Council to request a 60-day extension to complete the demolition of the remaining structures. Mr. Forrest F. Posey, 3695 Edmonds, addressed Council to speak against dilapidated structures in general. Mr. Lowrey, representing the structure located at 4196 Kenneth, addressed Council on behalf of the G. N. Lowrey Estate, to request a 60-day extension to allow sale to be completed. Mr. Lowrey told Council the prospective owners plan to restore the structure. A discussion was held concerning permits required for rehabilitation or demolition of structures and the necessity for them. Councilman Turner made a motion to approved staff-s recommendations for the properties with an amendment to allow a 60-day extension for the demolition of the structure at 5450 College, a 60-day extension for the structure located at 4196 Kenneth and a 60-day extension for the repair (sagging/cracked beam and painting or covering of exterior walls) or demolition of the structure at 2950 Charles. The motion was seconded by Councilman Deshotel. Question: Ayes: All Nayes: None Ordinance No. 85-118 declaring certain dilapidated structures to be public nuisances and requiring their repair or removal was considered: ORDINANCE NO. 85-118 ENTITLED AN ORDINANCE FINDING CERTAIN ST1UCTURES TO BE PUBLIC NUISANCES, AND ORDERING 'THEIR REPAIR OR DEMOLITION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR PENALTY. The ordinance was approved on a :notion made by Councilman Turner and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None Mayor Neild called for a motion on the condemnations. Councilman Deshotel made the motion; motion was seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -265- November 19, 1985 Resolution 85-404 authorizing purchase of a computer Line Printer from C & I Computer Services of Port Arthur at $18,900.00 and two lb-Port Controller Boards from Helena Laboratories at $7,875.00 was again considered. The resolution was approved on a motion made by Councilman Moore and seconded by Councilman Brumley. Question: Ayes: All Nayes: gone -000- Mr. Albert Williams, 3525 Magnolia, addressed Council to speak in opposition to contracting out sanitation and landfill services. Mr. Alan McNeil, 479 Pine Street, addressed Council to speak in opposition to the contracting out of the Emergency Medical Services system and to suggest increased user rates and better methods be sought for collections. Mr. C. L. Sherman, 535 Belvedere, addressed Council to suggest that better methods for collections be sought for the EMS system. (Mayor Neild left the session. ) Mr. Steve Diamond, Diamond EMS Services in Port Arthur, Texas, addressed Council to assure them that he could provide the same level of service as a private company that is being given by the City's EMS system. -000- Mayor Pro Tam Deshotel called an Executive Session, pursuant to Section II of the Texas Open Meetings Act, to be held immediately following the City Council Workshop Session. -000- There being no further business, the meeting was recessed before continuing with the Council Workshop Session. -000- I, Rosemarie Chiappetta, Deputy City Clerk of the City of Beaumont, Texas, certify that the above if a true copy of the Minutes of the regular City Council session held November 19, 1935. Rosemarie Chiappetta Deputy City Clerk -266- November 19, 1985