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Home My WebLink AboutMIN MAR 22 1983 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MARCH 22, 1983 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas, met in regular session this the 22nd day of March, 1983 , with the fol- lowing present : HONORABLE : Evelyn M. Lord Mayor Pro Tem and Councilman, Ward II Bill Cox Councilman , Ward I Joseph D. Deshotel Councilman, Ward III Wayne Turner Councilman, Ward IV Absent : William E. Neild Mayor Hugh Earnest Acting City Manager Kenneth Wall City Attorney -000- The Invocation was given by the Reverend Lee Wineinger, pastor of Washington Boulevard Christian Church . The Pledge of Allegiance was led by Councilman Cox. -000- Mayor Pro Tem Lord presented Joseph Tumbleson, Engineer-Driver of the Fire Department , with a "Certificate of Appreciation" as City "Driver of the Year" and a $100. 00 United States Savings Bond. Mr . Tumbleson was employed by the Fire Department in December of 1971 and has operated emergency equipment for 11 years without a preventable accident . -000- MAYOR PRO TEM LORD : We have another congratulatory message to give from Council and I think all of Council joins me in congratulating Bruce McClendon, our City Planner , who was yesterday informed that he had been elected to the presidency of his National Planners Association and this is indeed a real honor not only for Bruce but for the City and I 'd like the Minutes to reflect that we do congratulate him, please. -000- The following Consent Agenda items were considered : Approval of the Minutes of the regular City Council session held March 15, 1983 ; Resolution 83-104 authorizing payment in the amount of $1 , 357. 95 to Strand Book Store for books furnished to the library; Resolution 83-105 accepting the work performed under a contract with Ace J. Clark for demolition of a condemned building at 681 Prince and authorizing final payment in the amount of $1 , 300. 00; Resolution 83-106 approving Change Order No. 1 to the contract with Gulf Coast Industrial Contractors , Tnc . for construction of Contract 8C, Stonetown-Best , Helbig Road and Bennett Sewage Lift Stations (EPA Grant #C 481254-04) to insert current Department of Labor Rate Determination #82 TX 691 dated February 2, 1983 ; Resolution 83-107 authorizing Change Order No. 1 in the amount of $550.00 to the contract with Greer Construction for grading and paving on Klein Park (for the addition of two 8 ' by 24" diameter sloped reinforced concrete pipe joints to the driveway pipe for the south parking lot - contract in- creased from $128 , 270. 00 to $128 , 820. 00) ; and -41- March 22 , 1983 i Resolution 83-108 appointing Marie Hubbard to the CDBG Citizens Advisory Committee, term expiring May 21 , 1984 . The Consent Agenda was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- Resolution 83-109 authorizing execution of a contract with D & H Con- struction for construction of playground equipment , a gazebo and side- walks on Magnolia Park under the CDBG Program in the amount of $33 , 517 . 00 was approved on a motion made by Councilman Cox and seconded by Council- man Deshotel . Question : Ayes : All Nayes : None -000- Resolution 83-110 approving Change Order No . 4 in the amount of $19, 200. 00 to the contract with C. F. W. Construction Company for construction of im- provements to the sewage treatment plant to provide paving on the slope of the flood protection levee, inlet piping and aluminum trash hoppers - EPA grant #C 481254-04 , Contract I , was approved on a motion made by Coun- cilman Turner and seconded by Councilman Deshotel . Question : Ayes : All Nayes : None -000- Resolution 83-111 authorizing purchase of emulsified asphalt (8 , 000 gallons of oil ) for use in recycling base material removed from Calder Avenue in the FY 82 Street Rehabilitation Program from Texas Emulsions , Inc . in the amount of $7 , 200. 00 was approved on a motion made by Councilman Cox and seconded by Councilman Deshotel . Question : Ayes : All Nayes : None -000- Resolution 83-112 authorizing and approving articles of amendment to the articles of incorporation of the Beaumont Housing Finance Corporation and Resolution 83-113 authorizing and approving articles of amendment to the articles of incorporation of the Beaumont Multi-Family Housing Finance Corporation were considered. City Attorney Kenneth Wall explained : The Texas Housing Finance Corporation Act has been amended to provide that a City may have only one Housing Finance Corporation authorized to make loans to lenders , the proceeds of which are then used to finance multi- family residential development for persons of low and moderate incomes . Presently , the City of Beaumont has two corporations with that authority, the Beaumont Housing Finance Corporation and the Beaumont Multi-Family Housing Finance Corporation. These amendments will provide that the authority to make such loans will be with the Beaumont Multi-Family Hous- ing Finance Corporation and not the Beaumont Mousing Finance Corporation. We expect two , possibly three, projects to be approved and underway within the next few weeks if the articles are amended today. Resolutions 83--112 and 83-113 were approved on a motion made by Council- man Deshotel and seconded by Councilman Turner. Question : Ayes : All Nayes : None -000- Resolution 83-1.14 relating to the financing of the purchase of seating for Vincent-Beck Stadium amplifying and clarifying earlier Council posi- tion with respect to support for the purchase of these bleachers in sup- port of the Convention and Visitors Bureau activity ($125, 000. 00 to be funded from proceeds of the Hotel-Motel Room Occupancy Tax at $25, 000. 00 per year ) was approved on a motion made by Councilman Cox and seconded by Councilman Turner . Question : Ayes : All Nayes : None -42- March 22 , 1983 I Resolution 83-115 authorizing the City Attorney to settle the eminent domain case styled City of Beaumont v. Claude L. Worthy, et ux, by pay- ment of $1 , 500. 00 to the condemnees and their attorneys was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question : Ayes: All Nayes : None -000- Ordinance No. 83-24 amending the City Code of Ordinances to provide a tax incentive for preservation of historically significant buildings was considered : ORDINANCE NO. 83-24 ENTITLED AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES TO PROVIDE AN AD VALOREM TAX EXEMPTION PURSUANT TO SECTION 11 . 24 OF THE PROPERTY TAX CODE FOR RESIDENTIAL AND COMMERCIAL HISTOR- ICALLY SIGNIFICANT SITES IN NEED OF TAX RELIEF TO ENCOURAGE THEIR PRESERVATION; 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 Cox. Question : Ayes : All Nayes : None -000- Resolution 83-116 letting annual contracts with G. E. Supply Company in the amount of $6, 523.42 and M & I Industries in the amount of $1 , 562. 00 for furnishing a year ' s requirement of steel conduit and accessories for the Department of Urban Transportation was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question : Ayes : All Nayes: None -000- Acting City Manager Earnest told Council that an Industrial Contract has been successfully negotiated with PPG and that copies will be included in the Council packets for consideration and discussion at next week' s meeting. -000- ACTING CITY MANAGER EARNEST: With respect to the question of various laws relating to pornography, I have discussed the issue with our Police Chief and he certainly advises us and suggests that if there are any specific cases alleging a violation, and those incidents are reported to the Police Department , then a careful investigation will be made and the information will be provided the Dis- trict Attorney for possible prosecution . The second part of that discus- sion is that Mr. Wall advises me that a legal opinion relating to the City position on this entire issue will be furnished to you in this week' s packet . -000- COUNCILMAN TURNER : In reference to item number 6 (financing of the purchase of seating for Vincent-Beck Stadium) , I would call Council ' s attention to the provision there within that resolution that authorizes accrual of interest expense to also be funded. If it is Council ' s desire, I would propose that we would direct Staff to prepare for this coming budget session ' s workshop at least an alternative budget that would include a one-time full payback on the outstanding balance of the loan in order to save that interest ex- pense which could be substantial and probably would be over four or five years. -43- March 22, 1983 Mrs. Delia Harrington , 815 Willow Street , addressed Council to express her concern about trash within the City and its proper removal . Reverend Jay Boyd Dav i:i , 4,110 lrO n Lon , addressed Council to complain about loud music tieing played late at night at a Car Wash that is open 24-hours per day , 7-days per week, adjoining the back of his property. Mr. Kevin Brady, General Manager of the Beaumont Chamber of Commerce, addressed Council_ to also congratulate Mr. McClendon for his election to the presidency of the National Planners Association. -000- There being no further business, the meeting was recessed before continu- ing with the 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 March 24 , 1983 . Rosemarie Chiappetta Deputy City Clerk -44- March 22, 1983