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HomeMy WebLinkAboutMIN JUL 14 1987 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JULY 14, 1987 -- 1: 15 P. M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 14th day of February, 1987, with the following present: HONORABLE: Maurice Meyers Mayor Bob Lee, Jr. Councilman At Large Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I Mike Brumley Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Albert E. Haines City Manager Lane Nichols City Attorney Rosemarie Chiappetta Interim City Clerk -000- The Invocation was given by Mr. Henry Dannenba um. The "ledge of Allegiance us led by Ylayor Pro Tem Brumley. -000- Mayor Meyers called an Executive Session pursuant to Section 2S of the Texas Open Meetings Act to be held immediately following the City Council Workshop Session to discuss appointment, employment, evaluation, reassignment, duties, discipline or dismissal of & public officer of employee, -000- No public con nt was made on Agenda Items A through C. -000- The following items of the Consent Agenda were considered: App-oval of the Minutes of the regular City Council session held June 30, 1987; Resolution 87-140 authorizing the pledge and release of $1. 5 million in securities and the pledge of $2. 0 million in securities held as collateral for City deposits by Texas Commerce Bank; Resolution 87-141 granting tract relocation easements to the Kansas City Southern Railway Company across two parcels of right-of-way (Parcel 226 - 0.2479 of an acre situated on the southwest corner of Spur 380 and Irma Street acquired by condemnation from Verdum W. Shelander in the amount of $41, 412. 00 and Parcel 242 - 7,923 square feet situated southwest of the intersection of Spur 380 and Blanchette acquired from Mr. and Mrs. Joe Zavalla in eminent domain proceedings for an amount of $39, 750. 00) acquired for the Martin Luther King, Jr. , Parkway/Spur 380 Project and authorizing conveyance of the property to the State subject to the easements; and -255- July 14, 1987 Resolution 87-142 authorizing participation with other cities in the Gulf States Utilities Company service area in commissioning a consultant study of options for electrical power service by the Arthur C. Young accounting firm. The Consent Agenda was approved on a motion made by Councilman Moore and seconded by Council-man Smith. Question: Ayes: All Wayes; None -000- Resolution 87-143 authorizing Change Order No. 1 to the contract with E. R. DuPuis Concrete Company, Inc. , for improvements to the Transit Maintenance Facility parking lot by adding 267 square yards between the two areas to be restored under the original contract to prevent further deterioration between the sections being improved (work will consist of removing the 5-inch-thick pavement and repaving the area with 8-inch-thick reinforced concrete; with the Change Order, the contract will provide for rehabilitation of 1,629 square yards of the lot at an additional cost of $9, 083. 34, increasing the contract total to $54,521. 82 - 80% federal and 13% state grant monies) was approved on a motion made- by Councilman Brumley and seconded by Councilman Samuel. Question: Ayes: All layes: None -000- Resolution 87-144 authorizing a license to encroach agreement with Kyle Preservation, Ltd. for a 6-foot-high sign to be erected on street right-of-way at the southeast corner of Broadway and Orleans Streets about nine feet from the corner of the Kyle Building (requested by Timothy K. Pool, vice president of First Texas Savings Association, agent for Kyle Preservation, Ltd. ) at a one-time license fee of $500. 00 was approved on a motion made by Councilman Brumley with an added stipulation that the pole be six inches in diameter; motion with the stipulation was seconded by Councilman Smith, Question: Ayes: All Nayes: None -000- Resolution 87-145 authorizing purchase of Parcel 5, 2, 700 square feet out of Lots 392, 393, 394, 395 and 396, Block 56, Original Town Site of Beaumont from Kenneth E. Ruddy for $174,600 for the College Street project of the Thoroughfare Improvement Program was approved on a motion made by Councilman Brumley and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Resolution 87-146 authorizing the purchase of an uninterruptible power supply for the data processing system from HDR Power System of Columbus, Ohio, in the amount of $23, 310. 00 was approved on a motion made by Councilman Moore and seconded by Councilman Samuel. Question: Ayes: Mayor Meyers Nayes: Councilman Cokinos Councilman Lee Councilman Smith Councilman Brumley Councilman Samuel Councilman Moore -256- July 14, 1987 Mayor Meyers mentioned receipt of a letter from a resident in the Sheridan Woods area requesting that the Public Works Department look at the catch basins and inlets located in backyards of residences on Chatwood and Norwood for improvement of drainage in the area, Councilman Smith mentioned that "Sunday in the Park was very warm, not too much breeze, but I believe we had a good time and a nice crowd out." Sunday, July 12, 1987, activities on Riverfront Park were hosted by Beaumont City employees. Councilman Samuel questioned the status of the demolition of a structure on the corner of Renaud and Concord, saying that the structure has been half demolished. Mayor Meyers introduced the Reverend John Sperling, pastor of Northwood Christian Church, and welcomed him home to the City of Beaumont. Council-man Moore questioned a drainage project on Kenneth. Public Works Director tom Warner responded that he would check on the project and report back. COUNCILMAN XOORE: I would like to bring to the attention to Council - many of you may not know about this project, but 'hen a few of you do, and it deals with restitution centers and halfway houses and what I feel is basically somewhat an unequitable distribution as to where these facilities are being located. And, I know all the arguments in regards to econimics and here are the reasons why we are placing them here. We have had a large discussion about procedures we put in place with State-operated agencies and the manner in which we would go about letting the citizens know what's going on. Well, we have another problem. It's not necessarily a halfway house or restitution center but it has the characteristics of both, an alcoholic rehabilitation-type center; you can also have drug abusers. They are looLliag at placing this facility on Washington aLd Avanue E. I knew nothing about it until late last Thursday. We got into it more last Friday and the problem with it is I knew nothing, the balance of the community knew nothing. And, the citizens are somewhat ezzaged about it simply because here 4 is another project that has been forced in their community. Now, the concern I have with it, the balance of all these projects fall into two areas and that' s toward the southend of Beaumont and I think that's wrong and I think we need to address that. When people built their homes, -moved to those locations, they did a lot of planning and that planning had to do with the raising of their children, their retirement, adding on and enlarging their particular homes and also operating businesses there and what we are having now is just a barage of these different types of institutions coming in. Now, I know the problem is larger than that. I know the State is releasing prisoners earlier. They don' t want to take them in when they are at 95 percent capacity. They are sending the responsibility back to the local level. Well, my concern about this is we need to address this a little bit better and we need to do some things and we need to get some assistance because the citizens are no 'longer going to sit and take it. They are tired of it and they are tired of coming home one day to basically a quiet neighborhood to find out the next week it's totally different and the personality will possibility change. I feel like it is somewhat an injustice to them because they came here, they cleared it out and they made the communities what they are. -257- July 14, 1987 COUNCILMAN MOORE continued: Row, there are a couple of things I would like the staff to look at immediately. First of all, a few members of staff new about the facility going in because they had to get certain Code Enforcement barriers removed or inspected. I am going to ask that from this' day forward any time any type of social rehab or social action- type program going into especially my Ward or anywhere in the City of Beaumont, I'd like to be made aware of it prior to us issuing clearance. 1 think the citizens deserve to know what's going on and deserve the right to have some input. I am going to ask us to look at, from a zoning perspective, these strip commercial centers because this is where this is going into to, small commercial zone that's abutting a residential community. I would like to look at the possibility of moving those particular commercial areas from any consideration for restitution centers, halfway houses, or what you may ever have there, unless the citizens f.-om within that community feel very stroiigly about it. The notification process, as I stated earlier, in accordance with staff, I think they need to make us aware of it. I am going to ask the City Manager to bring it back to us in Council so that we can know what's going on out there in the Community. I think there should be a public hearing in regard to this or any type of facility that's going to go up and give the citizens an opportunity to have some Input in it; because if I were going to put a facility out there, would certainly get a buy-off from the citizens. I would explain what the project would be so that they would be aware of it and not have a 'Lot of real misconceptions about it, whether it would be good or certainly if it was bad to know exactly what they were going up against. I think these various institutions - I' m sure we will be getting more from the State, should apply for a Specific Use Permit, regardless of where the zoning is and if a problem with that language, then T "eed to and_­rzta.-d why we can't control it. If we need to take this thing to the State of Texas or direct our constituents to the State Legislature, I want to be able to do that. My concern about this is for the safety of children. We've had problems in that neighborhood, not directly there but a little further down the street where we had people coming in with Rehab and had a pretty drastic situation occur. The security factor is a major concern because this particular community is somewhat a retirement community; the people have lived there most of their lives. The last thing, I wish we could do, is stop the construction that's going on there because the insult of this community is the fact that it came in here, they started gutting the building, tearing out, and nobody knew what was going on and now I think it is a little bit too 'Late to tell the citizens about what we are going to do and whay it's here and what good it's going to be for the community. I think if it was done any where in the City of Beaumont, you' d take the time to make sure the com-munity accepted it and right now, quite frankly, I can tell you that the community is not accepting this. They feel like it has been an invasion on their privacy, upon their life-styles, based on where they live. As you can see, there are a lot of them here today and I am sure they are going to share some of the same comments I' m sharing but I'd like the City Council at 'Least to take a look at this. -258- July 14, 1987 COUNCILMAN MOORE continued: Understand that when you put facilities like this in, it does not enhance property values for the people that live around there and further it does not increase their ability to sell their homes if they wanted to move away, So, I think these are the things we need to take a look at. I think there are some things we can put in place; if nothing more, citizens deserve the opportunity to say something about what's going in around them. This situation, I understand in talking with Lane (Nichols) , our legal counsel, the fact that, due to zoning, we have no jurisdiction. We cannot stop the project; legally, there is nothing we can do. I am going to ask that you follow up with that to make sure that there's absolutely nothing that we can do to stop this thing from going in there because it' s quite clear the people simply do not want it. I've met with the citizens. I've talked with them and they really do not want this for a lot of different reasons from what I have stated today, So, I am appealing to Council. If you have any other ideas that we can do to make this process work— We went through this drill in regards to State institutions or State-constructed projects; but this is something that is slipping through the cracks. Quite frankly, I don' t see it to be anything different; but it is something else they are bringing in to us and I would like to see us put a stop to it if we can. I welcome comments from any of you at this time. C i AiNC,1 T.Yi A _N SAKTIEL: I want to ask a question. When we had this concern come up with a State project out on Washington, we made . . . I thought we made quite clear that we were going to try to get the State to participate with us in giving us prior notice to them. I think it is very -important, one, that the citizens around there do have an opportunity to voice their concerns and, at the same "lime, we should be in a position to inform that person that is proposing a facility like that, before they put the money into it. , . I thin-'- -.,;e need to some type of things going so that they won' t spend the money for the project before a public hearing or before it is known what's happening. I just think it's very important that we do . . . if we did send that niessage out to the State. COUNCILMAN SMITH: What is the zoning, Lane? COUNCILMAN MOORE: It's General Commercial. MR. LANE NICHOLS, City Attorney: . . . General Commercial, Multiple Family, MAYOR MEYERS: Isn't it split, though, into two zoning designations? One was acceptable, the other was not? NORMAN WHITAKER, DIRECTOR OF PLANNING: If one's not acceptable, then they can' t do anything with it. MAYOR MEYERS: I know but is the one not acceptable? Is that part of what they are planning on using? -259- July 14, 1987 MR. WHI�TAKER: I don' t, know the answer to that. Somebody Just showed me the location on a map. MAYOR MEYERS: Well, basically, they were looking at Lots I and 26 and the west 30 feet of Lots 2 and 25 on Block 20. All of Lots 1 and 2 are zoned GC-MD; however, all of Lots 4-5 an'U 26 are RS and that facility would not be a permitted use. Do you know if any of that . . . . . . COUNCILMAN MOORE: . . . on the back side of the property. I talked with the owner and he guarantees he has no intentions for using those two lots, you know. MAYOR MEYERS: Where will they park? COUNCILMAN MOORE: Well, for a facility like this, you don' t need parking. MAYOR MEYERS: Is that correct? YR. WHITAKER: You need some parking. You need parking for . . . . . . KAYOR NEYERS: Well, isn' t that where they' ve had . . . . . . COUNCILMAN MOORE: The clients that' s involved . . . . . . MAYOR MEYERS: . . . but the parking would have to be an ancillary part of the project, wouldn' t it? MR. WHITAKER: Tbere' s a parking requirement. Parking can' t be on the residentially zoned property. MAYOR MEYERS: So, basically, an I saying or am I stating something correctly, that if the parking for that property were on the property not properly zoned, then the project cannot go forward? MR. WHITAKER: If they've got a permit MAYOR MEYERS: Well, let me ask if you will check into that? MR. WHITAKER: Yes, they can' t build a project that requires commercial zoning on a portion of a residentially zoned tract. If that's the situation, . . . . . . -250- July 14, 1987 MAYOR MEYERS: Ma'am, we' ll take public comment in just a few moments and we will offer anybody opportunity to speak. I see your hand and I don' t want you to think I am ignoring you, but, right now, we are just going to let Council express their comments on any item. COUNCILMAN MOORE: There's parking in the back of this building. MAYOR MEYERS: On the same lot? COUNCILMAN MOORE: On the same lot. There are people here who have actually been in that buidling and can address that. As far as parking is concerned, what they need, we are not going to be able to stop it for that. I wish we could; but, you know, we' ve had some discussion in regards to that and, at the present time, they have slots in the back designated for parking unless he is planning an expansion of that building. MAYOR MEYERS: I don' t know but their original request spoke to Lots I and 26 and the west 30 (feet) of Lots 2 and 25. Why would they be speaking about it if that's not part of the project? MR- -VHITAKFR: I've never seen the report you have of the area. The Building Department . . . . . . MAYOR MEYERS: Let me give it to you and you can investigate it. That's the sum of my questions. There's no sense pursuing first . . . . . . COUNCILMAN SAMUEL: Let me ask &---.G'hsr questirn- is there not any type designation that there had to be so much parking for the number of clients that they will be servicing? MR, WITAKER: There' s a requirement that they have parking for social service organizations. I' d have to look at the parking code. COUNCILMAN SAMUEL: Is it in proportion to the clients? MR. WHITAKER: It's either in proportion to the staff or to the clients, depends on what type of operation it is. COUNCILMAN MOORE: Let me ask you another question, then. If we . . . we have all these questions today in regards to the issuance to a permit to allow the construction of these buildings and we really don' t understand them, how do we issue that? How do we permit them even going in and start construction of these particular buildings. -261- July 14, 1987 MR. WHITAKER: Well, you'd have to assume the person who issued the permit looked at the plans and undesrstood the building proposal as it relates to the City ordinances. MR. MOORE: Would that be Kirt Anderson here in this particular case? MR. WHITAKER: No, it wouldn't. COUNCILMAN MOORE: Who would it be? MR. WHITAKER: It would be somebody in the Building Inspection Office. COUNCILMAN MOORE: Well, somebody gave them the okay, then. MR, WHITAKER: Right, they have a permit. Somebody at the City has looked at their plans and determined in their judgment that the comply with the City ordinances that are in effect. The only ordinance that I can speak to is zoning and the site I was shown on a map after the permit was issued is zoned General Commercial which allows social service facilities. COUNCILMAN MOORE: The point has come up and the fact is residential property that they've purchased on the back side of the property, can they actually use that for parking? MR. WHITAKER: No, they couldn' t. COUNCILMAN MOORE: If they can' t use that for parking, it may be that this project can' t go. MR. WHITAKER: If they are planning to use the residential property to meet the parking requirements, they would have a problem. I don't know if they have an intention to do that or not. COUNCILMAN MOORE: Well, I just think this is something that they should have investigated and now if someone in Building or Code Enforomeent gave it to them, they need to be here to explain. MR. WHITAKER: I'd assume they investigated it before they issued the permit. COUNCILMAN SAMUEL: Did they have to approve the type of usage that was being proposed? MR. WHITAKER: Yes, sir. COUNCILMAN SAMUEL: So, it was informed that this would be a half-way house. MR. WHITAKER: Right, the zoning ordinance requires a minimum of Commercial zoning for a half-way house without a Specific Use Permit. So, on the basis of zoning, you know, district zoning, the actual location of the zoning district, the City would have no reason to turn the permit down for this. -262- July 14, 1987 COUNCILMAN MOORE: Norman, are you familiar with what the proportion of parking space would be? MR. WHITAKER: No, I would have to look those up in the zoning ordinance. We have about twenty or thirty different parking categories depending on land uses. COUNCILMAN MOORE: Well, let me ask Legal Counsel this. If we find out that this particular structure is not in accordance with the proper parking allocation for that property size or usage, they've already started work there. Who is going to be responsible for it if we stop this project right now. MR. LANE NICHOLS, CITY ATTORNEY: They would be. The fact that an employee of the City may have made an error, and I don' t know that that's the case or not, would not mean that the zoning violation could continue nor would we be responsible for any damages, So, we would stop it as quickly as we discovered an error had been made. COUNCILMAN MOORE: Is there. any special type of parking arrangements made with people that are on a six-month program . . . . . . ? MR. WHITAKER: No, COUNCILMAN MOORE: It would be the same . . . . . . MR. WHITAKER: It would be the same if it were a half-way house or any type of person. The unsecured parking at any place on the property MAYOR MEYERS: We' ll certainly be coming back to this subject for all of you in attendance. -000- Councilman Cokinos requested a written report concerning Best Electric's bid for an uninterruptible power supply for the data processing system did not meet specifications. Councilman Lee urged all to attend "Sunday in the Park" festivities on Riverfront Park from 2: 00 to 4: 00 p. m, Mystery Friends of Sunday in the Park will host the activities Sunday, July 19, 1987. -263- July 14, 1987 Councilman Lee stated to the City Manager and Director of Public Works, as well as citizens present, "We have gone through a process last year of having to budget money to resurface a street called 'Mercantile' that was torn up by commercial use of a street that was not designed for commercial activity. There are several other streets in the City that have the same thing happening to them, not the least of which is Thirteenth Street between Laurel and Cedar. I had a chance to go look at the site and it' s apparent that there is off-loading of gravel or some building material from a rail siding onto a lot and there is a great, evidently, deal of truck traffic on a street that certainly is not designed for com rcia1 use or at least for that kind of use. I would ask that Public Works come forward with some report of the level of that sort of thing going on around town, if there are any recommendations that you might have, and how we are going to deal with it when it is time for use to determine how we are going to pay for the resurfacing and, if we could draw Legal into this as well, to give your input. The second thing would deal with con rcial construction in the City when there is a great deal of site work and, as a part of that site work, trucks are moving in and out of a particular building site, some of the dirt that is meant to be in the truck or on the site is leaving and finding itself in the street and the gutters and that sort of thing. If you could come forward with an analysis of that sort of situation as well maybe some suggestions or at least some measures that other cities might have taken relative to tracking. I an not suggesting that we do anything that is going to create an image within our community that Beaumont is not business-oriented, but I do think it is important that in both of these analyses that we look to them and the manner of cost t the City and taxpayers and what we night do to anticipate continuing problems along these lines. " Mayor _Mtyers responded that, "that second part is already in place and those contractors have a responsibility for those sites and they are subject to action if in fact by the work around the project, they are causing damage or problems, they have responsibility to clear that up and correct it." I_s. Warner said.; " If I'm not mistaken, they have a moral responsibility legally there is no responsibility that we have to require them to clean up the street after they track it onto it. " ! y2r .E ers Ci7aestioned, "I 'm drawing on memory, Lane, but I believe that we have pursued that and actually filed judgments against some contractors who particularly in the heat of summer when they drop those clumps of dirt and after a few days, if there hasn't been rain to wash it away, that becomes a permanent part of the asphalt and it destroys . . . . . . " Mr. _ Nichols, City Attorney, responded, "My memory is like yours but I will have to . . . . ..19 M.a v_orMeyers said " I'm almost certain that that's been done. If not, then I support you wholeheartedly. " Councilman_ Moore said, "It was in '83 that we took action. . . ' 84 that we took action. . . I think, Mike, you probably remember that . . . . . ." Mr. � Warner said, "Staff did prepare a report and had a sample ordinance and I guess it was about two or three years ago but I don' t think that it was ever enacted; but we can pull that informaticn together and make a report to you." -264- July 14, 1987 Councilman Brumley invited all to the second "Concerts on the Move" to be held in Rogers Park on Thursday, July 23rd, with the entertainment being furnished by the Jimmy Simmons Jazz Band and the Boogarillos. -000- Dr. William Wormley, Jr. , 1790 Washington Boulevard; Mrs. Valeda Jennings, 1795 Euclid; Mr. Albert Koontz, 1620 Euclid; Mr. 0. C. Cooper, 3690 Renaud; Mr. Robert J. Gerard, 1884 Euclid; Mrs. Marilyn B. Mitchell (address unknown); and Mr. Leroy Hunter, 1695 Euclid; addressed Council to express their frustrations and concerns for the location of state institutions and restitution centers (half-way houses, etc. ) being placed in their residential neighborhoods. Mrs. Jewel Cooper, Program Director for the Extended Living Program, 1599 Avenue B, and representing Mr. Archie Land, of Land Manor and director for the proposed alcoholic rehabilitation center; Mr. Henry Dannenbaum, 1567 Wall; and Mr. Ric Warchol, 1155 Interstate 10 South; addressed Council to speak in support of state institution and restitution centers. Mr. Jack Farley, 2270 Gladys, State Commissioner on Probation, addressed Council to say that probationers are not put in haf-way houses; they are placed in restitution centers as pre-released prisoners. Mr. J. W. Kyle, 1250 Coronado Circle, addressed Council to report a traffic signal pole that was damaged in some manner is leaning precariously and could cause further accident. In addition, Mr. Kyle spoke of the need for fill dirt in Rogers Park. Ms. Regina Holmes, member of the Beaumont Sesquicentennial Commission and representing Its chairman Al Pollans, invited all to attend the official opening of the Sesquicentennial Headquarters Office, located at 1435 Calder in the Mildred Building. Ms. Holmes urged everyone's participation in the parade Friday, 10:30 a.m. to be formed at the Tevis Monument on Main Street and proceed down Calder to the Headquarters for the Ribbon-Cutting ceremonies to be held at 11 :00 a.m. Open House will be held and refreshments will be served. -000- There being no further business, the meeting was recessed before continuing with the City Council Workshop Session. -000- I, Rosemarie Chiappetta, Interim City Clerk of the City of Beaumont, certify that the above is a true copy of the minutes of the regular City Council session held July 14, 1987. Rosemarie Chiappetta Interim City Clerk -265- July 14, 1987