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MIN JUL 10 1984
REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JULY 10, 1984 BE IT REMEMBERED that the City Council_ of the City of Beaumont , Texas, met in regular session this the 10th day of July, 1.984 , with the following present : HONORABLE: William E. Nei1d Mayor Joseph D. Desh©tel Councilman At Large 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 Karl Nollenberger City Manager Hugh Earnest Asst . City Manager Lane Nichols City Attorney Myrtle Corgey City Clerk -000 The Invocation was given by Major Harry -Powell , Salvation Army. The Pledge of Allegiance was led by Mayor Neild. -000- The following Consent Agenda items were considered: .Approval of the Minutes of the regular City Council_ ses-lion held June 26, 1984 ; Resolution 84-236 appointing Terry Charlton to the Library Commission, term expiring October 31 , 1984 and Lin. Owen to fill the unexpired term of Dolores Lawless on the Community Development Block Grant Citizens Activ- ity Committee, term expiring May 31 , 1.986 and Susan Dix Ramsdell to the Parks and Recreation Advisory Committee, term expiring June 30, 1986; Resolution 84-237 awarding a bid to Ace Clark Construction Company for the demolition and removal of three structures located at 1520 Evalon at $1 , 895. 00, 2196 Liberty at $3,495. 00 and 2480 'Monroe at $2,300. 00; Resolution 84-238 increasing the Municipal. Jud.ges' .sa.lar.i.es (,Judge John Paul Davis ' salary to $1 ,657. 00 per month and Judge Wendell Rad.ford' s salary to $140. 00 per session, effective April 1 , 1984 ; Resolution 84-239 authorizing final payment on the Cartwright-Corley Drainage Project to Drainage District 6 at $947.44 for a crossing of the Atchison, Topeka and Santa Fe Railway Company right-of-way with the Cart- wright/Corley Drainage Channel (total cost to the City - $23,857. 93 in- cluding Change Order No. 1 ) ; Resolution 84-240 authorizing Change Order No. 2 to the contract with S & S Enterprises, Inc. for renovation of the Tyrrell ]Park Recreation Building (to replace portions of the top and bottom chord of truss, etc. in the south wing at $1 , 924 . 00, increasing the contract from $184,478 to $185,773) ; Resolution. 84-24.1 accepting for City maintenance, portions of Meadowick Drive from Westmeadow Drive, approximately 580 feet ; Meadowdale Drive from Meadowick Drive, approximately 600 feet ; and Westmeadow Drive, approxi- mately 161 feet north and 327 feet south from the center line of Meadowick Drive and water and sewer improvements in Lots 23-29, Block 9; Lots 11-19, Block 10; Lots 3-1.7, Block 11 and Lots 2-10, Block 1.2 in Evangeline Mea- dows - Unit III ; _108- July 10, 1984 Resolution 84-242 authorizing purchase of 1 ,000 feet of processing con- trol cable from Nunn Electric Company at $1 ,508 . 00; Resolution 84-243 authorizing employment of Group Plan Clinic, Inc. , to assist in the implementation of an employee assistance program; Resolution 84-244 authorizing purchase of an ammonia blueprint machine from the Bruning Company, a., division of AM International at $6,950. 00; Resolution 84-245 accepting two ten-foot drainage easements in the Cald- wood Addition to provide underground drainage into the Caldwood Cutoff Re- lief Ditch west of the area from Long Wright and Glen Siecko; Resolution 84-246 accepting water utility improvements in Oak Trace Addi- tion (Lots 1-20, being a 12. 53 acre tract out of the H. Williams League, Abstract 56) ; Resolution 84-247 authorizing payment of $1, 704 . 18 to Municipal Code Cor- poration for publication of Supplement No. 30 to the City of Beaumont Code of Ordinances and; Resolution 84-248 authorizing lease of Reserve Fire Engine No. 6 (a 1960 Seagraves 750 gallons per minute pumper) to Petroleum Operation and Support Services , Inc. , of New Orleans, Louisiana at $1 , 500. 00 per month. Resolution 84-244 was voted on separately. The Consent Agenda excluding Resolution 84-244 was approved on a motion made by Councilman Turner and seconded by Councilman Deshotel . Question : Ayes : All Nayes : None Resolution 84-244 was approved on a motion made by Councilman Deshotel and seconded by Councilman. Weisbach. Question : Ayes: Mayor Neild Abstained: Councilman Councilman Deshotel Moore Councilman Turner Councilman Weisbach Councilman Brumley Councilman Samuel -000- The second and final reading of Ordinance No. 84-89 annexing 120.4 acres located at the intersection of Florida Avenue and the Beaumont City limits (requested by Mr. Joe Zerangue, owner of Drilco Well Services) was con- sidered: ORDINANCE NO. 84-89 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 TERRITORY AND TO ALL INHABIT- ANTS THEREOF ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS; AND BINDING SAID INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Brumley. Question : Ayes : All. Nayes : None -000- _109- July 10, 1.984 The second and final reading of Ordinance No. 84-90 annexing 180. 34 acres located at the intersection of the Beaumont City limits line and the south line of Dishman Road (requested by Howard Nichols for single family and multi-family residential development ) was considered : ORDINANCE NO. 84-90 ENTITLED AN ORDINANCE ANNEXTING 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 TERRITORY AND TO ALL INHAB- ITANTS THEREOF ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CTTIZENS; AND BINDING SAID INHABITANTS BY ALIT OF THE .ACTS AND ORDINANCES OF SAID CITY. The ordinance wa,s approved on a motion made by Councilman Deshotel and. seconded by Councilman Moore. Question : Ayes : All Nayes : None -000- An ordinance changing the zoning from R3 (Modified Two Family and Multi- ple Dwelling) to RM-H (Residential Multiple Family High Density) and NC (Neighborhood Commercial ) for an area referred to as the Interstate 10 North/Gladys Avenue Rezoning Study 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, TEAS, BY CHANGING THE ZONING FROM R-3 (MODIFIED TWO FAMILY MULTIPLE DWELLING) DISTRICT" TO RM-H ("RESIDENTIAL MULTIPLE FAMILY . -, HIGH DENSITY) DISTRICT AND NC (NEIGHBORHOOD COM- MERCIAL) DISTRICT ON PROPERTY LOCATED ON THE WEST SIDE OF INTERSTATE 10 AT GLADYS AVENUE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Boundaries of this study are Gladys, Longfellow, Interstate 10, and all properties within 1000 feet to the north of Gladys and within 500 feet south of Gladys. After a discussion , Councilman Weisbach made a motion to approve changing the zoning for Area. 1 (properties north of Gladys within the study area) from R-3 (Modified Two Family-Multiple Dwelling) to RM-M (Residential Multiple Family - Medium Density) , Area 2 (all other properties in the study excluding Tract 225D out of City Tax Plat D16, T. H. Lewis Survey) from R-3 to NC (Neighborhood Commercial ) and Tract 225D from R-3 to GC-MD (General Commercial - Multiple Dwelling) . The motion was seconded by Councilman Deshotel , ORDINANCE NO. 84-91 ENTITLED AN ORDTNANCE 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 R-3 (MODIFIED TWO FAMILY-MULTIPLE DWELLING) DISTRICT TO RM-M (RESIDENTIAL MULTIPLE FAMILY- 1MEDIUM DENSITY) DISTRICT, NC (NEIGHBORHOOD COMMERCIAL) AND GC-MD (GENERAL COMMERCIAL MULTIPLE DWELLING) DISTRICT ON PROPERTY LOCATED ON THE WEST SIDE OF INTERSTATE 10 AT GLADYS AVENUE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. QUESTION: Ayes : All Nayes : None -110- July 10, 1984 Ordinance No . 84-92 amending Chapter 1.8 of the Code of Ordinances relating to loitering for prostitution was considered : ORDINANCE NO. 84-92 ENTITLED AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ADDING A NEW ARTICLE III TO BE ENTITLED "PROSTITUTION LOITERING" ; PROVIDING DEFINI- TIONS; PROHIBITING THE ACT OF LOITERING FOR THE PURPOSE OF PROSTITUTION; ENUMERATING CERTAIN UNLAWFUL ACTS; PROVIDING A PENALTY;. PROVIDING FOR SEVERA.BILITY; PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE. The ordinance was approved on a motion made by Councilman Turner and seconded by Councilman Moore. Question : Ayes: All Nayes : None -000- Resolution 84-249 supporting the designation of the Golden Triangle as a Foreign Trade Zone which would attract new industry, new- manufacturers and increased job opportunities was approved on a motion made by Councilman Deshotel and seconded by Councilman Weisbach. Question : Ayes: All. Nayes : None -000- A resolution approving a resolution consenting to the making and acquisi- tion of home mortgages by Jefferson County Housing Finance Corporation within the City of Beaumont and assigning to Jefferson County the authority of the City of Beaumont to issue Housing Bonds for home mortgages prior, to the first day of September, 1984 , was deferred to the end of session for further consideration. -000- Resolution 84-250 authorizing purchase of work uniforms from Shepherd Uniform and Linen Supply at $42, 519. 20 was approved on a motion made by Councilman Weisbach and seconded by Councilman Deshotel . Question : Ayes : All Nayes : None -000- Resolution 84-251 authorizing execution of a contract with Jim Walters for water system improvements consisting of Project I for approximately 3, 138 feet of 8-inch AC pipe and four fire hydrants in Sallie Street , Calloway and Parsons Drives in the Rothwell Subdivision , Project II for approximately 1 , 783 feet of 6-inch AC pipe and one' fire hydrant in Greeves, Riggs and Gross Streets in. the Gulf Terrace Subdivision-, Project III for approximately 1,755 feet of ,6-inch AC pipe and three fire hydrants in IH-10 northeast frontage road between Louisiana Street and Doctors Drive and Project IV for approximately 933 feet of 6-inch AC pipe and one fire hydrant in Cardinal. Drive west north frontage road from American Recreational Vehicles, Inc; to State Highway 124 in the amount of $86;597. 54 was ap- proved on a motion made by Councilman Moore and seconded by Councilman Weisbach. Question : Ayes : All Nayes : None -000-- Resolution awarding a six-month contract for hot mixed-hot laid alphaltic concrete from Keown Supply at $26. 50 per ton was approved on a motion made by Councilman Brumley and seconded by Councilman Samuel . Question: Ayes: All Nayes : None -000- -111- July 10, 1984 A public hearing to consider the below-listed dilppidated structures was held: Mr. Milton Palmer, Director of the Department of Building & Housing Ser- vices, told. Council that all the below-listed structures are in violation of Articles IrI , Section 14-50 and 14-51 of the Dangerous Structures Ordi- nance of the City of Beaumont , Texas, and that all notification procedures have been met : 1860-870 AVENUE A. — Ruby Newsome, owner. (6 violations) , recommendation to raze within 30 days; 1695 CHURCH (GARAGE APARTMENT) - Artie Nettles, owner (6 violations) , recommendation to raze or repair within 30 days; 4640 CON- CORD — .James R. Clark, owner (15 violations) , recommendation to raze or repair. within 30 days; 4660 CONCORD - Mrs. L. J. Zappe, owner (16 viola- tions) , recommendation to raze or repair within 30 days; 4660 CONCORD, STORAGE BUILDING - Mrs . L. J. Zappe, owner (8 vi.olations) , recommendation to raze within 30 days; 845 DEVI'LLENUEVE r. Mrs. Chai_rli.e Williams c/o Mrs. Hazel Esther, Mrs. Louis James Rogers and Mr. Cleveland. Nisby, owners (15 violations) , recommendation to raze or repair within 30 days; 640 ELM - Thelma Clinton, owner (18 violations) , recommendation to raze within 30 days; 640 ELM (STORAGE BUILDING) - Thelma Clinton, owner (6 violations) , recommendation to raze within 30 days; 145 4TH STREET - Al Durson, owner (9 violations) , recommendation to raze or repair within 30 days; 865 LIN- COLN (FRONT AND REAR) - Mrs. Sidney Mae Baker_ , owner (19 violations) , re- commendation to raze or repair within 30 days; 2060 PEAR - Charlie Jones, Lester Charles and Corry Jones, owners (11 violations) , recommendation to raze within 30 days; 760 POWELL - Helen Douglas, owner (15 violations) , recommendation to raze within 30 days; 873-875 POWELL - Frank V. Johnson, Jr. , owner (15 violations) , recommendation to raze or repair within 30 days; 879 POWELL - Frank V. Johnson, Jr. , owner (15 violations) , recom- mendation to raze or repair within 30 days; 1180 POWELL Ms. Eula Simon, owner (15 violations) , recommendation to raze within 30 days; 745 SCHWARNER Hansel Douglas, owner (15 violations) , recommendation to raze within 30 days; and 3187 TEXAS - Floyd Burton, owner (14 violations) , recommendation to raze or .repair within 30 days. In addition, the structures located at 2095 Lela and 4420 and 4430 Per- shing have been condemned by the City Council and the owners ordered to either .repair or raze the structures within specified time frames. Rein spection of these structures have revealed noncompliance with the Council ' s order. The Building and Housing Services Department requested authoriza- tion from the City Council to demolish these structures in accordance with the City Codes and charge the property owners with the cost of demolition. Mr. Floyd Burton, owner 'of the structure located at 3187 Texas, addressed Council to say that the property is in the process- of being sold and that the new owner will rehab the structure. Mr. Burton was told that 30 days is being given for compliance with the dangerous structures ordinance. Mr. . Floyd Guillory, owner of the duplex located at 4420 and 4430 Pershing, addressed Council to request additional time for the rehabilitation of this structure, saying that he had made arrangements for the needed mater- ials and was prepared to begin work. After discussion, it was decided that no action would be taken on the structure located at 4420 and 4430 Pershing for 30 days. There being no one else to speak in connection with the hearing, it was closed. Ordinance No. 84-93 declaring certain dilapidated structures to be public nuisances and requiring their repair or removal was considered: ORDINANCE NO, 84-93 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES , AND ORDERING THEIR RE- PAIR OR DEMOLITION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR PENALTY. -112- July 10, 1984 Ordinance No. 84-93 was approved on a motion made by Councilman Deshotel_ and seconded by Councilman Samuel . V Question : Ayes : All Nayes : None -000- Councilman Weisbach furnished City Council copies of a newspaper article under the by-line of Lela Davis about "the Stars of Los Angeles" and asked that they read it and consider its adaptation for Beaumont . Councilman Moore questioned maintenance responsibility for ditches dug toe deeply for citizens to mow and specifically sited Virginia Street between Bob and Usan and also reported trees growing out over the street with hang- ing 1_imps, specifically in the 4000 block of Brandon . -000- Mayor Neild welcomed Mrs. June Briggs and about 50 high school students involved with her "Help in Time of Need" program. -n0o- Mrs. Delia Harrington, 815 Willow Street , addressed Council to speak in support of the ordinance relating to loitering for prostitution. Dr. Harvey C. Johnson, 2055 Washington Boulevard, representing his neigh- borhood, addressed Council to request the closing of businesses (a club on the ground floor and motel or multiple dwellings on the upper level) lo- cated at 21.70 Washington Boulevard. Dr. Johnson read from a petition that described the businesses as "housing among others some persons who have been guilty or charged with criminal acts and bailed out of jail by the owner of the building who is a former bail bondsman. We, the residents of the homes in blocks which are near are endangered by the clientele who hang out at and frequent both. the club and rooms upstairs, request immediate action on the part of this Council to close these units. " Mr. Ben Rogers, 2030 Thomas Road, spoke on many issues : suggested prohibi.- tion of parking on streets in the downtown area until. 10 : 00 a .m. as a means to discourage shop owners and clerks, etc . , from parking in spots for po- tential customers; encouraged action rather than studies for the preserva tion of downtown Beaumont , possibly with the help of Community Development Block Grant funds; complimented the Police Department for the many arrests' for prostitution made recently; suggested the use of Texas Industrial Revenue Bonds for the redevelopment of the downtown area rather than on so many other types of projects and suggested that the Beaumont Independent School District utilize City facility meeting rooms rather than expendi- ture of tax dollars for renovation of school facilities and its duplication of City facilities. Mr. Herb Oswald, 1234 Avenue B, addressed City Council to express his con- cerns for discretion allowed police officers in making arrests under the new "loitering for prostitution" ordinance. Mr. Jack Gearinger, 3410 Evalon., addressed Council in appreciation for action taken in .rezoning the Longfellow/Gladys area. Mr. Anthony Penisson, 850 Fulton , addressed Council to complain about the inconvenience and disturbance caused by a recent "block party" held in his area. Mrs. E. G. Sanchez, 615 Avenue B, president of the Fletcher P.T.1_ presented a petition containing names supporting passage of the '`loitering for pros- titution" ordinance. -.000- Resolution 84-253 approving a resolution consenting to the making and acqui- sition of home mortgages by Jefferson County Housing Finance Corporation within the City of Beaumont and assigning to Jefferson County the authority of the City of Beaumont to issue Housing Bonds for home mortgages prior to the first day of September , 1984 , was again considered : -113- July 10, 1984 Mr. Guy Goodson , attorney for the Jefferson County Housing Finance Cor- poration, addressed. Council to explain the program and to answer ques- tions . After a discussion, Resolution 84-253 was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner . Question : Ayes: All Na.yes : None 000 Mayor Nei.ld called an Executive Session pursutant to Section II of the Texas Open Meetings Act to be held immediately following the City Coun- cil Workshop Session. -000- There being no further business, the meeting was recessed before continu- ing 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 July 10, 1984 . Myrtle Corgey City Clerk -114- July 10, 1984