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Home My WebLink AboutMIN AUG 16 1983 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD AUGUST 16, 1983 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas, met in regular session this the 16th day of August , 1983, with the fol- lowing present : HONORABLE: William E . Neild Mayor Bill Cox Councilman, Ward I Evelyn M. Lord Councilman, Ward II Joseph D. Deshotel Councilman, Ward III Wayne Turner Councilman, Ward IV Karl Nollenberger City Manager Hugh Earnest Asst . City Manager Lane Nichols Asst . City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by Dr. Ralph Thompson, Amelia Baptist Church. The Pledge of Allegiance was led by Councilman Lord. -000- Two proclamations were issued : A proclamation recognizing Don Newcombe - the only player in Major League Baseball history to receive these awards: "Rookie of the Year, " "Most Valuable Player in the National League" and the "Cy Young Award" for best pitcher in both Leagues - nationally acknowledged authority in the field of alcoholism and employee assistance programs. The Jefferson County Chapter of the Texas Black Alcoholism Council will host a reception on August 27, 1983 with Mr. Newcombe as guest speaker. The second proclamation was issued for "Crime Stoppers Week in Beaumont" August 15 - 19, 1983 . -000- The following Consent Agenda items were considered: Resolution 83-285 authorizing payment of $4 , 115.16 to the Beaumont Enter- prise for publication of the ordinances calling the August 13th Special Election; and Resolution 83-286 letting a contract for the demolition of one condemned structure located at 1180 Sherman by Ace Clark Construction Company in the amount of $700. 00. The Consent Agenda was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question : Ayes: All Nayes : None -000- Ordinance No. 83-88 authorizing the issuance of certificates of obligation in the amount of $2, 350, 000 for the construction and equipment for the new landfill site was considered: ORDINANCE NO. 83-88 ORDINANCE AUTHORIZING THE ISSUANCE OF $2,350, 000 CITY OF BEAUMONT, TEXAS, PUBLIC IMPROVEMENT COM- BI'NATION TAX AND REVENUE CERTIFICATES OF OBLIGA- TION, SERIES 1983 . -124- August 16, 1983 i The ordinance. was approved on a motion made by Councilman Turner and se- conded by Councilman Cox. Question: Ayes : Mayor Neild Abstained: Councilman Councilman Cox Lord Councilman Deshotel Councilman Turner -000- Resolution 83-287 authorizing purchase of one (1 ) Sanitary Landfill Com- pactor, two (2) 4-wheel drive Dump Trucks and one (1 ) Excavator for the new Sanitary Landfill from Mustang Tractor and Equipment in the amount of $648 , 602 . 00 was approved on a motion made by Councilman Cox and seconded by Councilman Deshotel . Question : Ayes : All Nayes: None -000- Resolution 83-288 accepting as completed the work performed under a con- tract with Jay Garth, Inc . , for construction of the playground and renova- tion of a parking lot at Sprott Park and authorizing final payment in the amount of $4 ,826. 60 was approved on a motion made by Councilman Deshotel and seconded by Councilman Lord. (CDBG funds used for project . ) Question : Ayes : All Nayes : None -000- Resolution 83-289 authorizing the City Manager to execute an agreement with the Governor ' s Office of General Counsel and Criminal Justice for a grant for a microfilm processor for the Police Department Identifica- tion Bureau was approved on a motion made by Councilman Lord and seconded by Councilman Cox . Question : Ayes : All Nayes : None ,-000- Resolution 83-290 authorizing the City Manager to execute an agreement with the Governor ' s Office of General Counsel and Criminal Justice for a grant for a polygraph unit for the Fire Department Arson Division was approved on a motion made by Councilman Lord and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- An ordinance declaring a structure to be a public nuisance and ordering its removal was considered : AN ORDINANCE ENTITLED AN ORDINANCE FINDING CERTAIN STRUC- TURES TO BE PUBLIC NUISANCES, AND ORDERING REPAIR OR DEMOLITION; PROVIDING A PENALTY; AND 'PROVIDING FOR SEVERABILITY. City Manager Nollenberger told Council that staff reinspections of the structure located at 3515 Washington Boulevard reveal that no portion of it can be saved at this point . The problem that the Council encountered the last time is that the zoning ordinance prohibits construction of a single family residence in the GC-MD zone and most of the property along Washington in that area is of a commercial nature. If Council wanted to allow reconstruction, a zoning change for that property would be needed but such a change would constitute spot zoning. No visable signs of repair have been made on the property and a building permit was taken out in De- cember of 1982. He recommended adoption of the ordinance because of the inspection results. After a lengthy discussion, Councilman Turner made a motion to defer action until "we can ask the staff to present us with a suggested course of action that we might take relative to the zoning ordinance that would allow for this type of dwelling caught up in this type of grandfather clause to tech- nically rebuild itself , irregard.less of what disaster - natural or other- -125- August 16, 1983 Councilman Turner ' s motion continued: wise - might happen to it just because if we don 't allow this in this case we' ve set the precedent irregardless of where it might happen under what circumstances it would . . . I just don't think we would be consistent . " Councilman Lord said "I ' ll accept that and second your motion for you if you will allow me to tack on 'according to principles acceptable to the Planning & Zoning. ' If they can match that with their principles, I ' happily second your motion. " Councilman Turner responded with "that ' s what I meant . " Question : Ayes : Councilman Cox Nayes : Mayor Neild Councilman Lord Councilman Deshotel Councilman Turner -000- Resolution 83-291 authorizing purchase of an Alignment Drive-on Rack Set from Napa Auto Parts in the amount of $8 ,102. 06, a Drum/Disc Lathe from Washburn Auto Supply in the amount of $3 ,648 . 00 and a Horizontal Bandsaw from American Industrial Distributors in the amount of $5, 581 . 18 for the Service Center was approved on a motion made by Councilman Deshot.el and seconded by Councilman Lord. Question : Ayes : All Nayes : None -000- Resolution 83-292 authorizing purchase of a dewatering pump for the landfill from Treco, Inc . , in the amount of $9, 098 . 00 was approved on a motion made by Councilman Lord and seconded by Councilman Cox. Question: Ayes : All Nayes : None -000- Ordinance No. 83-89 canvassing the results of the August 13 Municipal election was considered : ORDINANCE NO. 83-89 ENTITLED AN ORDINANCE CANVASSING THE RETURNS OF THE ELECTION HELD IN THE CITY OF BEAUMONT ON THE 13TH DAY OF AUGUST, 1983 . Proposition #1 amending the City Charter to provide for six (6) Council- members and a Mayor for two-year terms each with four (4) Councilmembers to reside in designated wards, elected by majority of qualified voters residing within boundaries of designated wards; two (2) Councilmembers to be elected at-large by plurality of qualified voters of the City and a Mayor to be elected at-large by majority was passed : Yes - 7 ,725 and No - 5, 560. Proposition #2 providing for staggered terms of City Council passed : Yes - 8 , 745 and No - 5, 559. Proposition #3 providing for the sale of 64 .8 acres known as Morgan Park passed : For - 9, 590 and Against - 3 , 803 . Proposition #4 providing for the sale of 16 acres known as Spindletop Park passed: For - 8, 775 and Against - 4 , 214, and Proposition #5 amending Chapter 23 of the Code of Ordinances by changing the name of M. L. King Drive to Fourth Street passed : For - 9, 185 and Against - 6, 224. The Ordinance was approved on a motion made by Councilman Turner and se- conded by Councilman Lord. Question: Ayes: All Nayes : None -000- -126- August 16, 1983 An ordinance abandoning portions of two 10-foot utility easements in Lot 2, Block 4 , Amelia Terrace Addition was considered: AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING PORTIONS OF TWO 10-FOOT UTILITY EASEMENTS LOCATED IN LOT 2, BLOCK 4 , AMELIA TERRACE ADDITION. Councilman Lord made a motion to deny the ordinance; motion was seconded by Councilman Turner . Question: Ayes: All Nayes : None -000- Resolution 83-293 acknowledging receipt of the FY 84 budgets and achedul- ing a public hearing for 1 : 15 p.m. , August 30, 1983 was approved on a mo- tion made by Councilman Deshotel and seconded by Councilman Turner. Question: Ayes: All Nayes: None -000- Councilman Lord invited Mayor Neild and members of City Council , the City Manager and the Assistant City Attorney to participate in the Beaumont Heritage Society' s Boom Town Days "Dunking Booth. " -000- Mr. Murray J. Frank, president of the Board of Directors of the Beaumont Independent School District , addressed Council to call for citizen unity because of all of the issues on the Special Election held August 13th. -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 ses- sion held August 16, 1983. Myrtle Corgey City Clerk -127- August 16, 1983