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HomeMy WebLinkAboutNOV 30 1973 SPECIAL SESSION JOINT PUBLIC HEARING CITY COUNCIL ®- CITY OF BEAUMONT STATE DEPT. MENTAL HEALTH AND MENTAL RETARDATION HELD NOVEMBER 30, 19735 REMEMBERED t' at the City Co mill of the City cf Beaui,�c)nt,, Texas, and -3'tate Board o Mental Health and Mental Retardation held a Joint Pub- 1c,- Hearing at 10: 00 a.m. , November 30, 1973 , for the purpose of hearing evidence and the views of the public on the proposed transfer of 9.814 acres of the City of Beaumont' s old Central Park property to the Texas De- partment of Mental Health and Mental Retardation to be used for expansion t t-,D-e Beaumont State Center for Human Development, 'The following were flx,-),NORABLE: Ken Ritter Mayor Don Cash Councilman, Ward I George Dishman, Jr. Councilman, Ward II Leroy Evans Councilman, Ward IV Kenneth Devero City Manager Howard McDaniel Admin. Assistant Myrtle Corgey City Clerk Lane Nichols Asst. City Attorney W. J. Balmer Dir. Public Works J. D. Martin Pub, Wks. Prog. Coor. Earl Deland City Engineer Henry Engelbrecht Dir. Parks & Recrea. Clyde C. Rush Asst, Chief of Police Eddie Whitnell Dir. Traffic & Trans. °000® The Invocation was given by Councilman Cash. -000- s Ir Edv ,'Ln R. VanZandt, Chairman, introdiaced the rtierbers, -^f the State Board Health and Mental Retardation® Mrs. H. E. Butt (`cri-,us Christi Dr. Margaret Cigarroa 1,J at-e o Dr. Olin B. Gobet Tem, !e C. J� Baker View Lynn Darden Wi-chita, Falls Robert Parsley James Adkins A t t a,i n e�,7 James Dalton Attorney -,000-- '1 ar Zandt-. "This public hearing is held in order cco- the al,exas Depart- ,iteii'L of Mental Health and Mental Retardation to determine whether the �--a,'.utory requirements set out in Article 54218 are Met in this matter., lip Board will therefore consider whether there is no feasible and pru- went alternative to the use or taking of approximately 10 acres of land c-u,t the City of Beaumont' s Central Park property for the expansion of the Beaumont State Center for Human Development and whether such expansion program or project includes all reasonable planning to minimize harm to such land as a park. " Mr. VanZandt introduced Mr. Burtis Hollis, Director of the Beaumont State Center for Human Development: Mr. Burtis Hollis, 1140 Ivy Lane and Director of the Beaumont State Center for Human Development, gave a report on the functions and -Importance of his organization and pointed out the importance of locating the new facility on the property which was the subject of the hearing. Mr. Phil Bible, Chief of the Design and Construction Department of the Texas Department of Mental Health and Mental Retardation, gave a visual re- port on the buildings proposed to be constructed on the property which was the subject of the hearing. Mr. Henry Engelbrecht, Director of Parks and Recreation for the City of Beaumont, gave a report concerning the sale of part of Central Park for a Medical Building and the retention of approximately 10 acres of Central Park to be transferred to the Beaumont State Center for Human Development. He further reported on the past and present uses of Central.. Park, stating that the only park facility in use on the subject property at this time is a Little League Ball Diamond. This facility will. be moved to another area for continued use by the Little League. Mr. Engelbrecht repo��wted on the plans and work for the new 100+ acre Athletic Complex under way at this time, and stated the subject property was no longer useful to the citizens of Beaumont as a park. Mayor Ritter recognized citizens wanting to address the Council and State Board of Mental Health and Mental Retardation in favor of the proposed transfer: Mr. Ben Rogers, 2030 Thomas Road, spoke in favor of the transfer of land and offered again on behalf of his brothers and himself a tract of land abutting Rogers Park if the Central Park property is made available for the expansion of the Beaumont State Center for Human Development. Mr. Hugh N. Glezen, 3310 Delaware Street and father of a retarded son, spoke in Favor of the land transfer. Reverend C. A. Woytek, Pastor of Bethlehem Lutheran Church, spoke in favor of the land transfer. Mr. Jim Laurent - father of a retarded son, spoke in favor of the land transfer. Dr. Conrad Mang, Chairman of the Park Committee and Head of the Elementary Education Department at Lamar University, spoke in favor of the land trans- fer but requested the relocation of the Little League Ball Diamond at Cen- tral Park. Mr. Monty Sontag, 5275 Gladys, Head of the Department of Special Education at Lamar University, spoke in favor of the land transfer. Mr. Jimmie P. Cokinos, 1430 Futura, spoke in favor of the land transfer. Mrs. Neda Wilson, Jefferson County Child Welfare and living at 2674 Liberty, spoke in favor of the land transfer. Mr. N. G. Nides, 4540 Garfield, Groves, Texas, spoke ii-i favor of the land transfer. Mrs. Rita Spahn, 3520 Wheat Drive, Director of Fairway House, spoke in favor of the land transfer. Mrs. Donald C. Kuhn, 2539 Hartel, read the following letter: "October 11, 1973 Mayor Ken Ritter Mayor of the City of Beaumont City Hall Beaumont, Texas 77701 Dear Mr. Ritter: -2- It was the consensus of the Beaumont Associat3on. for Mental Health Board of Directors at a meet1'.nq 0-1t,:A-,er 6, 1973, that the greatest need in our community was more and better facilities to help the mentally ill and -atentallip retarded. The board vG,t-ed unanimously that one of the most ,importaint tbilnqs 'the city can do is to deed the 9, 8 acreage of Park lane i for the e),pan-sior of, t'hia, Beaumont State Human Development Center at -their meet,- ing October 23 of the City Council. Sincerely, /s/ Mrs. Donald C. Kuhn, President BEAUMONT ASSOCIATION FOR MENTAL HEALTH" Mrs. Linda Reeves, 350 Marceline, President -for the Bea' nt Council, for Retarded ChT-ldren,. spoke in favor of the land transfer. Mr. W. H. Carr, Representative of Carpenter' s Local 753 and Organized La- bor of the-Sabine Area, spoke in favor of the land transfer. Mr. Robert Jackson, Beaumont Community Coordinated Child Care Council., spoke in favor of the land transfer. Mr. Walter Kenneson,, 4045 Rothwell, spoke in favor of the land transfer. Mr. Bob Keith, 1315 Audubon Place, President of the Beaumont Chamber of Com- merce, spoke in favor of the land transfer. Mrs. Clyde Hayes, 2495 Angelina, spoke in favor of the land transfer. Mrs. Margaret Snyder, 3660 Bryan, Director of the Cerebral Palsy Founda- tion, spoke in favor of the land transfer. Mayor Ritter asked that the following letters be placed in the YAnutes of the Meeting: "November 21, 1.973 Honorable Ken Ritter Mayor of Beaumont P� O. Box 3827 Beaumont, Texas 77704 Dear Sir: I am very sorry that I will not be able to be present for your meeting on November 30, when you will take under consideration the enlargement of the Beaumont State Center for Human Development. I kno,,a we are all extremely proud of this center and the wo-_k. it is doing for our community, and i feel very strongly that we should do everything we car, to facilitate and expand their marvelous work. As a very interested citizen I strongly urge you to put aside this small tract of land for this great work. The facts I am enclosing may have already been made available to you, but I am enclosing a copy in any event. One thing that does not seem to be empha- sized in the fact sheet enclosed is the fact that these services are going to be provided to people who cannot afford the services and who are not now -3® receiving the kind of services that they are entit- led to have. Yours very truly, Isl Frank M. Adams Attorney at Law" Mr. Adams ' enclosure is a Fact Sheet concerning Future Development of the Beaumont State Center for Human Development. Also attached was a sheet entitled "Commercial Facts Concerning the Plan" . "November 26, 1973 Honorable Ken Ritter Honorable Don Cash, Councilman Honorable Leroy Evans, Councilman Honorable George A. Dishman, Jr. , Councilman Honorable Calvin Williams, Councilman Gentlemen: Because I will be unable to attend the Public Hear- ing on November 30, 1973 at 10: 00 A.M. concerning the transfer of Central Park property to the Texas Depart- ment, of Mental Health and Retardation, this letter will have to do. Mrs. Koshkin joins me in urging that you gentlemen facilitate this property transfer. The tremendous asset to our area that this facility has already proven itself to be, is but the tip of the iceberg in benefits we will share with the already planned future development of this outstanding Beaumont institution. This, Gentlemen, is a must! Very sincerely yours, Isl Bernard D. Koshkin, M.D. " "October 15, 1973 Mayor Ken Ritter City Hall Beaumont, Texas Dear Sir: I will be operating during the Council Meeting October 23rd. I would like to be present to urge the Council to grant the additional land requested by the Beaumont State Center for Human Development. This State facility has been doing a wonderful, worthwhile service for citizens of this area. The expansion is badly needed and has State financing. As you know the Beaumont doctors have worked hard for a number of years to make the Central Park area into a medical center. The citizens of Beaumont should be proud of what has been accomplished in the Park area with Council cooperation. I am sure most of them con- tinue to support the medical center concept. Sincerely yours, Isl Charles H. Todd, Jr. , M.D. P.S. If you can and wish, you may read this to the Council for the record. " -4- Mayor Ritter recognized citizens wanting to address the Council and State Board of Mental Health and Mental Retardation in opposition to the proposed transfer: Mrs. Cleve Bachman, 2120 Thomas Road, requested that the property be re- placed if transferred to Beaumont State Center for Human Development. Mayor Ritter recognized citizens wanting to address the Council and State Board of Mental Health and Mental Retardation in rebuttal: Mrs. Robert Harris, 5925 Tangledahl, spoke in favor of the land transfer. Mayor Ritter closed the public portion of the meeting. -000- Mr. Parsley, State Board of Mental Health and Mental Retardation, made a motion to adopt the following resolution: A RESOLUTION WHEREAS, The Texas Department of Mental Health and Mental Retarda- tion has been appropriated monies to construct one ward building at its Beaumont State Center for Human Development; and WHEREAS, No money was specifically appropriated and funds are not available from other sources for the purchase of a site for such building; and WHEREAS, The City of Beaumont proposes to convey to the Texas De- partment of Mental Health and Mental Retardation approximately ten (10) acres of land in fee simple as a site for expansion of the Beaumont State Center for Human Development, which site is acceptable to this Department; and WHEREAS, The said proposed ten (10) acre tract of land is a strip of land nine hundred (900 ' ) feet in length and four hundred seventy-five (475' ) feet in width off the North side of what is now known as the City of Beaumont Central Park property in the David Brown Survey, Jefferson Councy, Texas, adjacent to the present site of the Beaumont State Center for Human Development; and WHEREAS, The proposed ten (10) acre tract is part of a City of Beaumont municipal park and the Attorney General of Texas, in his Opinion No. H-108 , has advised that in order for the City of Beaumont to convey fee simple title in this property to the State of Texas for the use and benefit of the Texas Department of Mental Health and Mental Retardation, the provisions of Article 5421q, V.A.C. S. , must be followed; and WHEREAS, In accordance with the aforesaid statute notice has been given and a public hearing held on this the 30th day of November, 1973 , at the City Council Chamber, City Hall, Beaumont, Texas, at 10 : 00 o 'clock A.M. ; and WHEREAS, Evidence has been presented at the aforesaid public hearing on the questions of whether' (1) there is no feasible and prudent alterna- tive to the use or taking of the aforesaid tract of land for the expansion of the Beaumont State Center for Human Development, and (2) whether such expansion program or project includes all reasonable planning to minimize harm to such land as a park resulting from such use or taking; n`6w, there- fore, be it RESOLVED, That based on the evidence presented the Texas Board of Mental Health and Mental Retardation does fund that (1) there is no feasi- ble and prudent alternative to the use or taking of the aforesaid tract of land for the expansion of the Beaumont State Center for Human Development, and (2) such expansion program or project includes all reasonable planning to minimize harm to such land as a park resulting from such use or taking. " The motion was seconded by Mr. Darden. All votes favorable. -000- -5- Councilman Dishman: "Mister Mayor, in light of the testimony we have heard here this morning, I think we should find that there is no feasible alter- native for the Beaumont State Center for Human Development if it is to ex- pand its facilities other than the expansion to the adjoining property which has been the subject of this hearing. I also think the acquisition of a larger athletic complex by the City and retention of the neighborhood park constitutes reasonable planning to minimize harm to the subject property. As a result of these findings, I move that we adopt the resolution making these findings and authorizing the City Manager and the City Clerk to execute a deed to the Texas Department of Mental Health and Mental Retarda- tion transferring to them title to the subject property for the sole pur- pose of expanding their facilities within a reasonable period of time. " Mayor Ritter : "My pleasure to second that motion. " A RESOLUTION WHEREAS, the Texas Department of Mental Health and Mental Retardation has been appropriated monies to construct a ward building at its Beaumont State Center for Human Development; and, WHEREAS, the City of Beaumont proposes to transfer fee title to the Texas Department of Mental Health and Mental Retardation to the following described property for the purpose of constructing a ward building: The said proposed tract is a strip of land 900 feet in length and 475 feet in width off of the north side of what is now known as the City of Beaumont Central Park property in the David Brown Survey, Jefferson County, Texas, adjacent to the present site of the Beaumont State Center for Human Develop- ment and more particularly described by metes and bounds as follows: BEGINNING at a stake for corner in the South line of Fannin Street, said point being located 300 feet East of the inter- section of the South line of Fannin Street and the East line of Eighth Street; THENCE North 89058 ' 40" East along the South line of Fannin ; Street a distance of 900 feet to a point for corner; THENCE South 0041 West along a line that is 1200 feet from and parallel to the East line of Eighth Street a distance of 475 feet to a point for corner; THENCE 'South 89()58 ' 40" West along a line that is 475 feet from & parallel to the South line of Fannin Street a dis- tance of 900 feet to a point for corner, said point being the Southeast corner of a 100 foot strip of land previously conveyed by the City of Beaumont to the State of Texas by warranty deed recorded in Vol. 1467, Page 1, of the Deed Records of Jefferson County, Texas; THENCE North 004 ' East along a line that is 300 feet from and parallel to the East line of Eighth Street, a distance of 475 feet to the PLACE OF BEGINNING and containing 9. 81 acres of land more or less; and, WHEREAS, a public hearing was held in the City Council Chambers of the City of Beaumont on November 30, 1973 , to determine whether there was any feasible and prudent alternative to the use or taking of land which had here- tofore been used as park land by the City of Beaumont and whether the pro- gram or project included all reasonable planning to minimize harm to the land as park land; and, WHEREAS , the City of Beaumont gave and published proper notices of the public hearing in accord with the requirements of Article 5421q, V.A.C.S.; and, WHEREAS, the City Council finds that the athletic complex known as Central Park had become inadequate to serve the needs of the citizens of Beau- mont. 31. 908 acres of the Central Park Athletic Complex are presently in use as a neighborhood park located at the corner of Fannin and Fourth Streets in the City of Beaumont. The subject property, approximately 9. 814 acres of land, contained only one Little League baseball diamond, and plans have been made to relocate this diamond to another location; and, -6- WHEREAS, the City Council finds that the new athletic complex will be of much greater value to the citizens of Beaumont than the much smaller Cen- tral Park athletic complex; and, WHEREAS, the City Council finds that the replacement of the Central Park Athletic Complex with a much more useful one and the retention of a neighborhood park in the same area as the Central Park Athletic Complex con- stitutes reasonable planning to minimize harm to the subject land as a park; and., WHEREAS , the City Council finds that the Beaumont State Center for Human Development, if it is to expand its premises, has no feasible and pru- dent alternative other than the use and taking of the 9. 814 acre of land out of the Central Park Athletic Complex; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: That the City Council hereby finds from evidence adduced at a properly con- stituted public hearing that there is no feasible and prudent alternative for the Beaumont State Center for Human Development if it is to expand its facilities other than the use and taking of the 9. 814 acre tract of land described above, which land is adjacent to the present site of the Beau- mont State Center for Human Development; and, BE IT FURTHER RESOLVED that the City Council from evidence adduced at a properly constituted public hearing finds that the project includes all reasonable planning to minimize harm to the land as a park in that a much larger and more useful site for an athletic complex has been obtained through the sale of a portion of the presently existing athletic complex, and a neighborhood park has been retained at the corner of Fannin and Fourth Streets for the use of the residents of the immediate area. It is therefore further resolved by the City Council of the City of Beaumont that the City Manager be, and he is hereby authorized to execute a warranty deed transferring fee title to the Texas Department of Mental Health and Mental Retardation of 9. 814 acres of land as described above for the sole purpose of constructing a ward building at its Beaumont State Center for Human Development; and the City Clerk is hereby authorized to attest to said deed, and to affix the Seal of the City of Beaumont thereto. PASSED by the City Council of the City of Beaumont this the 30th day of November, 1973. /s/ KEN RITTER - MAYOR - Question of approval : Ayes: All Nayes: None -000- There being no further business, the meeting was adjourned. -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 special session of the City Council held November 30, 1973 . Myrtle Corgey City Clerk -7-