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MIN MAY 08 1979 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MAY 8 , 1979 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas met in regular session this the 8th day of May, 1979 , with the following present: HONORABLE: Maurice Meyers Mayor Tom Combs, Jr. Councilman, Ward I Vi McGinnis Councilwoman, Ward II Calvin Williams Councilman, Ward III Leroy Evans Councilman, Ward IV Ray Riley City Manager Kenneth Wall City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Reverend James Tolle, South Park Church of Christ. The Pledge of Allegiance was led by Councilman Combs. -000- The Minutes of the regular City Council session held May 1, 1979 , were approved on a motion made by Councilman Combs and seconded by Councilwoman McGinnis. Question: Ayes : All Nayes : None -000- Mayor Meyers issued the following proclamations : "National Transportation Week in Beaumont" - May 13-19 , 1979; "Preservation Week in Beaumont" - May 6-12 , 1979 and "Festival of the Arts Month in Beaumont" - May, 1979 . -000 Resolution 79-172 authorizing the purchase of certain parcels of land (Stewart Street, Parcel #8 at $3 ,960. 00 and Lamar Street, Parcel #16 at $1, 640. 00 and Parcel #25 at $2 , 175. 00) for the Community Development Block Grant Project in Census Tract 17 was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question: Ayes : All Nayes : None -000- Ordinance No. 79-37 abandoning a 20-foot alley and a 15-foot utility easement located in Block 23 , Jarrette (requested by Thad Heartfield for V.J. & Dyckie O' Shell for a mexican restaurant near Bennigan' s - City to retain 5 X 15 ' guy wire easement in the alley) was considered: ORDINANCE NO. 79-37 ENTITLED AN ORDINANCE VACATING AND ABAN- DONING A 20 FOOT ALLEY AND A 15 FOOT UTILITY EASEMENT LOCATED IN JARRETTE AD- DITION IN BEAUMONT, JEFFERSON COUNTY, TEXAS, AS DESCRIBED HEREIN, PROVIDING THAT A 5 X 15 FOOT PORTION BE RETAINED IN THE ALLEY FOR A UTILITY EASEMENT. The ordinance was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Combs. Question: Ayes : All Nayes : None -73- May 8 , 1979 An ordinance prohibiting smoking in designated public places was considered: AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ADDING SECTIONS 18-14 AND 18-15 THERETO; PROHIBITING SMOKING IN VARIOUS PUBLIC PLACES; PERMITTING SMOKING IN PUBLIC PLACES UNDER CERTAIN CONDITIONS; PROVIDING AN EFFECTIVE DATE; PROVIDING A PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF OTHER ORDINANCES, LAWS AND REGULATIONS; AND PROVIDING SEVERABILITY. A motion to approve the ordinance was made by Councilman Combs and seconded by Councilman Williams and Councilman Evans. Mr. V. J. Patrizi, representing the Advisory Board of the area Restaurant Association, addressed Council in opposition to the smoking ordinance. After much discussion, Mr. Patrizi said his group would draft a letter to Council assuring that the area restaurants would do everything to accomo- date non-smokers. Councilman Williams withdrew his motion to approve the ordinance and made another motion to table action. Mrs. Isabel Branson, 9370 Gardner, addressed Council in support of the ordinance. Mr. Rick Warchol, President of the Golden Triangle Hotel Association and Manager of the Americano Motor Inn, addressed Council in opposition to the ordinance. Mrs. Helen Gordon, 319 Pinemont, addressed Council in support of the ordi- nance. After further discussion, Councilwoman McGinnis seconded the motion to table the ordinance for action. Question: Ayes: Mayor Meyers Nayes: Councilman Combs Councilwoman McGinnis Councilman Evans Councilman Williams -000- Resolution 79-173 authorizing agreements with Shilstone Engineering Test- ing Laboratories (cost not exceed $5 , 970. 00) and W. P. Moore , Consulting Engineer (cost not exceed $2 , 500. 00) , for professional services in the development of the site for the Civic Center Parking Garage was approved on a motion made by Councilman Williams and seconded by Councilman Evans . Question: Ayes: All Nayes : None -000- Resolution 79-174 accepting the bid of Eldridge Electric Company for fur- nishing softball field lighting at the Athletic Complex at a cost of $28,354 . 88 was approved on a motion made by Councilman Evans and seconded by Councilwoman McGinnis. Question: Ayes : All Nayes : None -O0o Resolution 79-175 accepting the bid of Trotti and Thomson Company for the construction of parking improvements adjacent to City Hall at a cost of $51, 933. 30 (provide 168 additional spaces) was approved on a motion made by Councilman Evans and seconded by Councilwoman McGinnis. Question: Ayes : All Nayes : None -74- May 8 , 1979 Resolution 79-176 accepting utility easements from 'Amoco Production Company for Boys ' Haven sitework improvements was approved on a motion made by Councilman Williams and seconded by Councilman Evans. Question : Ayes : All Nayes : None -000- Resolution 79-177 appointing Mrs. Richard (Phyllis) Bjerke, Ed Moore , Dave Martin, Joe Mazzu, Ed Sigee, Marilyn Adams, Mrs. C. J. (Mary) Landry, Ray- mond Chaison, Collis Cannon, Walter Keneson, Marne Meynig, Jr. , Ronald D. Fittz, and Burt Walker to the Community Development Block Grant Advisory Committee for two year terms expiring May 1, 1981 was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question: Ayes: All Nayes : None -000- Resolution 79-178 appointing John Felton and Hester Bell to the Rehabilita- tion Loan Advisory Committee for two year terms beginning March 27 , 1979 , was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Combs. Question: Ayes : All Nayes : None -000- Resolution 79-179 rejecting bids for the construction of an aluminum car- port awning for the Traffic and Transportation Operations Building was ap- proved on a motion made by Councilman Williams and seconded by Councilman Combs. Question: Ayes: All Nayes : None -000- Mr. L. P. Kinnear, 2395 Park, addressed Council in opposition to compulsory automobile liability insurance being considered in the State Legislature. Mr. J. C. Leggett, 1849 Washington Blvd. , addressed Council to ask the status of the Entex rate increase request, to suggest night Council sessions , and to complain of poor conditions of some City streets . -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, Texas , certify that the above is a true copy of the minutes of the regular City Council session held May 8 , 1979. Myrtle Corgey City Clerk -75- May 8 , 1979 REGULAR CITY COUNCIL SESSION Held May 8, 1979 PROPOSED ANTI-SMOKING ORDINANCE - TABLED Victor Patrizi : I am Victor J. Patrizi , owner of two restaurants in Beaumont . On behalf of the local Restaurateur ' s Association and myself , we are not a special interest group as it appears that the non-smokers are. We find inAArestau- rants on an annual basis maybe one or two people will ask for a non-smoking area. This is so minute that we feel that we can handle the non-smoking area very well voluniarilyrithout the need of an ordinance— , • // �QGG'L�1 .2L 4 1. 7�4L�L iGC , •a�i ec e (i� G✓ -Zee GGf:CG?L��L'� 2 C--d.hc� �C2tt .z✓iG tZGo+ f�-'L#. You are asking for 25'% of an area to be set aside. We do not have 257o non-smoking people that come into our restaurant . But I assure that you that are restaurant association in the area will voluntarily, absolutely , if asked, put a non-smoking person . . . We realize that some . . . we certainly will do everything in our power to accomodate these kinds of people. In answer to a question by Councilman Williams , Mr. Patrizi stated that at the Board Meeting held last night , they were opposed to the ordinance. Mr. Patrizi : We are prepared for it . When we designed that building, we are ready for it at their request . We haven ' t had a need to put the sign up. We have a sign already made but there hasn ^t been a need. When we are asked, we will gladly seat someone in a non-smoking area. On a busy night , they might have to wait a few minutes . If we had a roped off area they might be sitting there empty while we have people waiting to be seated - that is also something to take into account . I feel that a non-smoker who must be in a non_smoking area , then they should be incon- venience maybe a few minutes for that area rather than provide an area unnecessarily not knowing or knowingly that we have so few requests . I don 't believe the ordinance is necessary. We can easily police our own . This is the attitude statewide. In response to a question by Councilman Evans asking what he is promising to do, Mr. Patrizi said: "I am suggesting that we let the non-smoking public know that the restaurants in the area are willing to voluntarily seat them in a non-smoking area at their request . In answer to a question by Councilman Williams asking for a letter of intent from the Restaurant Association concerning voluntary compliance for a non-smoker , Mr. Patrizi said Council could receive such a letter.