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HomeMy WebLinkAboutMIN MAR 17 1987 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MARCH 17, 1987 - 1 :15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 17th day of March, 1987, with the following present: HONORABLE: Maurice Meyers Mayor Bob Lee, Jr. Councilman At Large Andrew P. Cokinos 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 Albert E. Haines City Manager Lane Nichols City Attorney -000- The Invocation was given by the Reverend Jay Boyd Davis, pastor of First Bible Baptist Church. The Pledge of Allegiance was led by Mrs. Judy Schuldt, wife of the newly named Chief of Police, George Schuldt. -000- Two proclamations were issued: "Young Audiences Week in Beaumont" - March 15- 21 , 1987 and "Professional Social Work Month in Beaumont" - March, 1987. -000- MAYOR MEYERS: The Council has received the Consent Agenda but I would like to single out one item separately and that would be item 7. I'd like to ask our new Police Chief if he would come forward. George, if you would? On behalf of Council, George, and what appears to be without question, a unanimous feeling of support in the community, we are very -leased that you will be leading our Police Department and I sense that that's a unanimous feeling across Lie community and, coming today, we wish you well and have every confidence that you will provide the leadership necessary to keep that department outstanding as it's always been. And, before we would vote on the Consent Agenda, which includes t`i e item of your selection, I would like to offer the mike for any comments that you would care to make. March 17, 1987 CHIEF OF POLICE GEORGE SCHULDT: Well, Mayor, I appreciate the confidence people have -shown in me from yourself and the Council, the Manager and everyone in the City. I think it's just been overwhelming the response that I've received and . . . . . . (tape did not record at this point) . . . I will certainly do the best job I possibly can. MAYOR MEYERS: I think that's all anyone can do. We know that for sure. CHIEF SCHULDT: I hope . . . I think everyone knows that I'm always available and anything I can do I will certainly do the best I can. MAYOR -MEYERS: Thank you, George. CHIEF SCHULDT: Thank you. -000- The following Consent Agenda Items were considered: Resolution 87-52 appointing Mrs. William W. Phillips and Mrs. Roy Lee Zummo to the Community Development Block Grant Citizens Advisory Commission, replacing Nell (Short) Clark and Tandy Stiles, with terms expiring May 31 , 1988 and appointing Roy M. Philp, Jr. , to the Parks and Recreation Advisory Commission, replacing Mark Frasber, for a term expiring June 30, 1988; Resolution 87-53 authorizing eminent domain proceedings to acquire two parcels of land needed for the Martin Luther King, Jr. , Parkway/Spur 380 right-of-way (Parcel 121 , 8,060 square feet out of the David Brown League, Abstract 5, and located on the -northeast corner of Park & Lyle Streets against Walton Thomas who refused the State's appraised value of $25,000 and Parcel 262, 22, 203 square feet, all of Lots A-1 and 40 of Block 4, Crary Addition and located on the southwest corner of Spur 380 and Franklin Street against Pamela Hoozer who refused the State's appraised value of $65, 200); Resolution 87-54 accepting water and sewer improvements serving Lots 1-7 and a water line serving Lots 8-14 in Green Meadow Patio Homes, Phase I; Resolution 37-55 authorizing the purchase of approximately 370 gallons of herbicides for control of vegetation in parks and open spaces from Terra International, Inc. , of Winnie, Texas, in the amount of $121226.00; City Manager Haines pulled the resolution authorizing the purchase of two air compressors for further discussion after action had been taken on the other items. and -32- March 17, 1587 Resolution 87-57 confirming the City Manager's appointment of George Schuldt as Chief of Police. Resolutions 87-52 through 87-55 and Resolution 87-57 were approved on a motion made by Councilman Cokinos and seconded by Councilman Moore Question: Ayes: All Nayes: None City Manager Haines told Council that the apparent low bid for the purchase of the two (2) air compressors did not meet City specifications and that a last- minute change in the recommendation and preparation of the new resolution recommending purchase from Heatley Equipment Company as the lowest and best bid received needed to be explained to Council before action could be taken. Resolution 87-56 authorizing the purchase of two (2) compressors from 9eatley Equipment Company at $17,389.63 was approved on motion made by Councilman Lee and seconded by Councilman Moore. Question: Ayes: All Naves: None -000- Public Comment on Agenda Items B through E was called: Mrs. Delia Harrington, 815 Willow, addressed Council to suggest that in addressing Agenda Item D.5, the City work with the Welfare Department to see if some of the welfare recipients would like get the lots, mow and clean them of litter and use them for gardens. _000- MAYOR MEYERS: . . . before we would move into the first Item under Public Works, we would shift to Item E, No. 6, and before I would declare the public hearing open, I would ask the Manager, if he would, to provide a brief outline of the subjects to be presented at this public hearing today. CITY MANAGER HAINES: Thank you, Mayor. Again, we are referring to Item E.6, which is the purpose to hold one of two public hearings relative to two applications for Urban Development Action Grant for two specific projects. The second hearing will be held or is being scheduled for next Tuesday, March the 24th, at which time the Council will be asked to approve a resolution authorizing the filing of two applications with the Department of Housing and Urban Development. Urban Development Action Grants are made available to economically distressed communities on a competitive basis to leverage private investment in projects which stimulate urban revitalization and create new jobs. There are two projects being submitted to the Council for purposes of consideration to apply to compete again for what Is known as a UDAG or an Urban Development Action Grant. -83- March 17, 1987 CITY MANAGER continued: The first is known as the Spindletop Waterpark Project, a 20-acre development featuring water-play park attractions and related commercial and service facilities. You have, I think, a summary of that project. I'll go through it very briefly. A cost of $9. 5 million on 20-acres of land including various water-play park attractions, a fast food restaurant, miniature golf and similar amusements, concession and gift shop, parking and water and sanitary sewer, roads and drives. The second project, known as the Stedman Building Renovation, would involve the rehabilitation of a downtown warehouse building with about 65,000 square feet of space, primarily for office use. And Mr. Tom Flanagan is here and will he presenting some information on that in a few minutes. The purpose for the public hearing would be to solicit public comments on the two projects, the use of the UDAG funds themselves and the impact, neighborhood impact that these projects might have. Again, next Tuesday, we will submit to Council a request to approve a resolution authorizing submission of the application. I believe with that, I would like to call on Mr. Norman Whitaker to make a brief comment on the two projects and to introduce at least the lead developer for the Stedman Project. MR. NORMAN WHITAKER, Planning Director: Thank you. We have Urban Development Action Grants approved for the City before. They haven't been used because eventually bank financing has been withdrawn. The way the grants work, though, is the grant is made to the City of Beaumont. The City then loans it to a developer. The developer has to meet certain performance criteria as part of the contract. It's drawn up between the City and the developer and HUD. Essentially the developer has to commit to produce some permanent jobs and most of the financing for the project has to be from the private sector. No more than twenty percent of the financing usually is made up by the Action Grant. In the case of the Stedman Building, there would be approximately 200 jobs created and the Action Grant would be in an amount of probably $800,000 or less - about twenty percent of the total project. In the case of the Waterpark, there would be 250 to 300 jobs created. The total Action Grant request would be in the neighborhood of $2.1 million of the total project of $9. 5 million. There's nobody here representing the Waterpark but Tom Flanagan from Port Arthur is here from the Stedman project and he has some brief summary information about the project and also will answer questions if you have any before we start the actual public hearing. MAYOR MEYERS: Thank you, Tom. If you would come forward. Mr. Tom Flanagan from Port Arthur and I would mention that Tom has worked very closely with the Manager, Norman and others to bring this project forward to this point. Tom . . . . . .? -84- March 17, 1987 MR. TOM FLANAGAN: I want to thank the Council for making the time and having us on the Agenda today. We have been interested in downtown Beaumont for sometime. We have an office in downtown Beaumont. We think there are some opportunities here; however, the economy of the State and local economy make it difficult to undertake to redevelop projects such as the Stedman. As a result of that, we ask today the City's assistance in obtaining a federal Urban Development Action Grant, which would be money, as I understand it, money granted to the City and then lent from the City to the developer for projects such as the Stedman renovation. The project, I would like to stress, is still what we consider a very early stage. We want to stress very much that any publicity at this time could hurt the project and, in our opinion, hurt the City's prospect for the project to succeed. So, really, I can't say a whole lot more than that other than we are optimistic about it at this early stage. I'd be happy to answer as much as I can any questions that you have. MAYOR MEYERS: Thank you, Tom. Does Council care to address Mr. Flanagan with any questions at this time? We thank you very much and I would now then declare this public hearing open and solicit any questions or comments from any citizens present relative to what you've Just heard presented by Mr. Flanagan in this first hearing to initiate that act for securing a JDAG grant. Angie, you've been here before. Give her your name and address. MRS. ANGIE BUSCEME: My name is Angie Busceme and my home address is 2110 Victoria. I'm kind of speaking right now representing the Art Studio, Inc. My husband and I are the founders of the Art Studio and it was founded . . . it's a non-profit organization founded to help artists to live in this area. The reason I'm speaking in relation to this, the Stedman Building was a target. We had hoped to relocate. We have known that someone had an option on that building but we knew that so many other projects had come and gone and so we couldn't stand back any longer. It was the perfect, ideal location for the Art Studio and so all we could do was pursue that full-force and so we have. And, so, this is a real painful time for me. I don't know if it's over; but I felt like I had to make some comment about it. I'm not sure, we've gone so hard at it, about this community being difficult for artists. Artists everywhere need affordable place to live and work and they are called to a profession that by its very nature is non-commercial. Artists . . . the artists that we are talking about and trying to help, they usually have other jobs so they can support their art work but this is an extremely important thing to this community and we had hoped . . . We try to provide affordable studio space and in the long-term goal we even hoped to have some affordable living space but then the other thing that the Art Studio has definitely been providing is a meeting place, a focus place for the community of artists - a place for them to show their work and that's been very successful. ghat our vision for the future is that Beaumont will be recognized all over the country for . . as a great place for artists to go work. -85- March 17, 1987 MRS. BU SCEME continued: We hope to be able to take applications on a competitive basis and have the most promising artists all over the country - a waiting list to come and work in Beaumont. That is the vision. I don't know if we've been able to get that across. At this point, I feel like maybe we haven't been taken seriously by the business community. We've done everything we can but we are artists. We try to learn that language. We speak that language and we still look awkward as best we can do. Amongst our peers we have respect but I just feel have we been running our head against the wall or what. It's a real difficult time right now and I ,just . . . I want people to be aware that we were working so hard towards that project. If we lose that, we'll just regroup and go another direction, but it is a real important thing and I wanted to make that s tatement. MAYOR MEYERS: Thank you. Are there any other comments that anyone in the audience would care to make? If not, then, we would declare this first part of our public hearing concluded and thank you, again, Tom, for coming today and, Al, relative to the other portion, is there going to be any presentation at this time since no one from the developers is here? CITY MANAGER: From the other project? No. You have the summary of the project before you and we do have an artist's rendering of the project itself but beyond that there would be no further presentation. MAYOR MEYERS: That will suffice. Okay. Well, this will conclude both portions of the public hearing and the information that we have and has already been presented relative to the water-theme park will suffice today for this first exposure at public hearing to both projects and so, we would row, declare this . . . I would ask first, does anyone care to make a comment relative to that water-theme park? Okay, then I would now declare this first public hearing closed. Thank you. -000- CITY MANAGER ALBERT E. HA.INES: I would like to move back to Item B. Z. Again, we will be asking a public hearing be held today relative to action that we are asking the Council to take on Item 8. 2. So, what I would like to do is read from the Council letter prior to the opening of the public hearing. Today's public hearing is on the 1987 Transit Program of Projects as a basis for a regular application to the Urban Mass Transportation Administration for funding during fiscal year 1988, the year from October 1, 1987 through September 30, 1388. The hearing was originally scheduled for the March 3rd City Council meeting but was reset for today when that meeting was cancelled. -86- March 17, 1987 CITY MANAGER continued: Af ter the hearing, the Council will be asked to approve a resolution authorizing the filing of the grant application. As in prior years, the City will apply for an Operating Assistance Grant equivalent. to half the cost of operating the bus system in excess of the revenues derived from its operation. For this next fiscal year, the cost is estimated at $1.2 million, of which $600,000 would be funded by the grant. Additionally, the City would apply for capital grant funding of 80 percent of the cost of purchasing new buses to replace 11 of the old model coaches in the fleet. The cost plus an extra power train for spare parts is estimated at $1.7 million with an estimated $1.35 million coming from the federal grant. The Council may recall we appropriated in this budget year sufficient funds to meet that 20 percent match. With that, if you would like to go ahead and declare the public hearing open, we will proceed. MAYOR MEYERS: Okay, is there anything Tom would want to add or say prior to that? Okay. Then, I would once again open this now to public hearing relative to Item B. I. , that being the City's Transit Program as presented by the Manager and declare this portion of the public hearing open and offer this opportunity if any citizen present would care to make any comment. This public hearing, of course, conforms to requirement that's essential. MR. EARL MASSEY: I'm Earl Massey, 6225 Beau View. I would like to see for them to submit bids or ask for bids for smaller buses. They're spending lots of money and lots of equipment that's not being used. MAYOR MEYERS: Thank you. Is there any other public comment? Very well, I will now declare this second portion of public hearing closed and return to the agenda. -000- Resolution 87-58 authorizing the filing of a Transit Grant Application with the Urban Mass Transportation Administration for the City's proposed Fiscal Year 1987 Transit Program of Projects (under Section 9 of the Urban Mass Transportation Act of 1964 - replacement of eleven 1975 AM General 35-foot transit coaches with eleven Advanced Design buses at an estimated cost of $1 ,655,000, 80 percent federal grant at $1 ,324,000 and 20 percent local match at $331,000; Spare Parts estimated at $45,000, 80 percent federal grant at $36,000 and 20 percent local match at $9,000 and Operating Assistance Grant estimated at $1,200,000 with 50 percent federal monies at $600,000 and 50 percent local match at $600,000) was approved on a motion made by Councilman Moore and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -87- March 17, 1987 Resolution 87-59 accepting donations of four (4') feet aide sidewalk easements from Amoco Production Company, Rolland J. Anderson, Briarwood Green Unit I Condominium Home Owners Association, Briarwood Green Unit II Condominium Home Owners Association, Beaumont West Homeowners Association, Bishop Bernard J. Gantor for the Beaumont Diocese of the Catholic Church, Mr. and Mrs. Wayne Albert Moncla, Mr. and Mrs. Alfred C. Moujoes, Mr. and Mrs. Donald Glenn Palmer, Mr. and Mrs. Floyd R. Smith, U. S. Life Title Insurance Company, Mr. and Mrs. Charles Thomas Pierce and Mr. and Mrs. Ralph P. Andes and four (4') feet wide sidewalk and drainage easements from E. W. Baker, et al, Bishop Bernard Gantor for the Beaumont Diocese of the Catholic Church and the Beaumont Independent School District for the Gladys Avenue Improvement Project from Dowlen Road to Major Drive was approved on a motion made by Councilman Lee and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Ordinance No. 87-15 requiring that service line connections to sanitary sewer mains be made only by personnel of the Water Utilities Department or its authorized agents was considered: ORDINANCE NO. 87-I5 ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SECTION 28-55 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT CONCERNING CONNECTION TO THE CITY OF BEATT MONT'S WATER AND SEWER SYSTEM; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Lee and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- A resolution awarding a three-year contract to Alamo Lawn Service for mowing and removal of litter and debris from vacant property owned by the City (developed property at $0.003 per square foot; vacant property at $0.0019 square feet and litter/debris removal from developed and vacant lots - lot size 60 x 100 feet - at $15.00 per lot was considered. After a discussion concerning benefits to the City and/or minority contractors for three-year versus one-year contracts of this nature, it was decided to postpone action on the resolution for further study and information to Council. -000- An ordinance abandoning a portion of a IS-foot-wide utility easement between Lots 14 and 15, Block 4, Westmont Addition, was considered: --88- March 17, 1987 AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING THE NORTH 2-12 FEET OF A 15-FOOT UTILITY EASEMENT BETWEEN LOTS 14 AND 15, BLOCK 4, WESTMONT ADDITION AND LOCATED AT 3055 WESTMONTI BEAUMONT, JEFFERSON COUNTY, TEXAS, AND PROVIDING FOR RETENTION OF A UTILITY EASEMENT. There was, again, a lengthy discussion by Council of staff's recommendation not to abandon the easement because of an 8-inch sanitary sewer line in the easement and the possibility of the City's liability for any damages to the residence that could result from maintenance work on the line and the opinion of the City Attorney that, unless Council determined there to be no public need for the easement, the abandonment would be illegal act benefiting only one property owner. Discussion was held that the applicant for the abandonment is trying to refinance the property and the lending institution has difficulty with the 30-day cancellation clause included in the License to Encroach that may or may not clear title to the property. Staff was instructed to pursue any alternatives -that might clear the matter for the applicant as well as the lending institution. The ordinance was denied on a motion made by Councilman Cokinos and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- MAYOR MEYERS: I have something that I'd like to take opportunity, and the Manager has sent everybody a letter and I would like to read the letter from HUD and I would like to take opportunity while Sherrell's (Cockrell) here to read this and I will try to do it quickly but I think it's an exceptional recognition. This is from the U. S. Department of Housing and Urban Development. Victor Hancock, Regional Director for Community Planning and Development: "A recent analysis was conducted cf Minority Business Enterprise activity in your City's Community Development Planning and Development Program funded by HUD. I am pleased to inform you that the City of Beaumont had excellent participation by minorities in contracting efforts. According to our records, your City awarded MBE contracts or sub-contracts at a rate of 34 percent of the total Community Development Block Grant amount awarded to the City for fiscal year '86. 1 offer my hardy congratulations to your City for a job well done as my support for a continued successful effort in this regard by your Staff. I have submitted the City of Beaumont for consideration of special recognition by the Regional Administrator and he has responded favorably. I will visit your City at a mutually convenient time to formally recognize the City for its excellence in this area. Arrangements for this event will be coordinated through your office in the near future. " _89- March 17, 1987 MAYOR MEYERS continued: And, that, as I have said is signed by Victor Hancock and, as the Manager mentioned in a note that went out today, recognizing the fine work of Sherrell Cockrell and we would like to acknowledge that, Sherrell, and commend you for an outstanding job. CITY MANAGER: Mayor, if I could just add to that, one of the things I wanted to point out to Council relative to the MBE issue, is that so many of those contracts were dome on very high level and on a very competitive basis which tells us we are seeing more and more - at least where our Block Grant projects are concerned - more and more legitimately competitive minority businesses coning in and bidding on projects. The other thing is that at the same time there was an audit done of our program and it had absolutely no blemishes so we are really pleased. They did a fine job. -000- COUNCILMAN LEE: Last week, I think that those of you who were here remember our asking some folks to sign an agreement to participate in something called "Operation Clean Street". That was the Sertoma Club. They, along with 24 or 25 other groups this past Saturday all together, went out and began to work on their particular projects - their particular Operation Clean Street projects. And, I ;rust say to kind of set the stage, Operation Clean Street is an activity organized by the Clean Community Commission. I am speaking about it because I am the Council liaison to the Clean Community Commission and I want to recognize Naree Calcote, whose wondering over here in this green blouse, who is the Chairman, Chairperson of the Clean Community Commission and she has done a terrific job. Anyway, this past Saturday, 25 groups or so went out and tackled their respective projects. Operation Clean Street has as its basis that, regardless of . . . wait a minute, hold on. I've got the thing, Margie. . . Operation Clean Street has as its basis that, regardless of who we might think is responsible for keeping an area looking good, the Operation Clean Street people take it upon themselves to keep it looking good. It all boils down to a clean community. One that is attractive will stimulate our pride in our community and also goes a long way toward forwarding our economic development efforts. (Slides of "before and after" were shown. ) This is Calder Avenue. The Junior League of Beaumont had this as their project. This is what it looked like before and this is what it looked like after. It is remarkable to see the change that volunteers cart make. Gulf States Utilities took on this section of Calder on . . right by the railroad tracks. There are sidewalk in our City that has not been seen in years and this is a good example of a curb line also that was transformed into a parklike appearance. -90- March 17, 1987 COUNCILMAN LEE continued: Moving onward, this is Calder again. This was a joint effort of not only volunteers who agreed to take on the responsibility of an ugly looking lot on Calder Avenue at about Forrest Street and also some corporate involvement. A company that is near and dear to me agreed to go out and take down all of the signs that were on that piece of property and the people who volunteered to clean it up turned that ugly looking piece of property into what you see here. Again., we are going from the basis of regardless who we think is responsible, if it is not being taken care of, Operation Clean Street people take it upon themselves to clean it up. The youth groups from St. Mark's Episcopal Church an First United Methodist Church took on a part of Magnolia, Just across the street and on the same side of the street as the old Sears building. They took on the responsibility for the people who own the Sears property themselves to turn that piece of property into this - these are all youths and across the street that grassy area that had not been edged nor mowed into that. The Sertoma Club took Liberty Street. This is between Magnolia and Willow. It's kia_sd of dark so it is kind of hard to see how bad it looks in there but they turned it into that. I just want to . . . so often we talk about things that might happen a reek from the time that we announce it. This is a result of a lot of people working real hard, having a great deal of pride in their community, and if you wonder around and you see those blue signs that say Operation Clean Street by some community group, pay attention to the community group and its name and if you happen to see a member of that group, thank them because they are really dedicated to our success from an economic development standpoint and to our desire to renew our sense of pride in the community. That is what I want to talk about there. -000- COUNCILMAN LEE: Now that we have talked about people making a concerted effort to clean something up, 1 want to talk about a part of town that is in the northend and Audwin knows about this. This is Bennett Road and it lies between Helbig and Bigner. It is turned into a dumping ground, even though there are $100.00 fine for illegal dumping, this part of Beaumont, for some reason, attracted a lot of people's attention because they seem to throw things out - a chair, for instance, and there is litter all over the place. I'd like to read a press release, if I can find it amongst here. "The Clean Community Commission in cooperation with the Adult Probation Department and the Sanitation Division of the Public Works Department will be conducting a litter removal program.. The targeted areas for March 21st and 22nd will be Helbig Road from East Lucas to Drainage District 6 Canal and on Bennett Road from Bigner to Roland (which is this particular road). Work will begin at 8:00 a.m. with 15 to 16 workers from the Jefferson Adult Probation Department. The Sanitation Division will provide supervision and equipment. " -91- March 17, 1987 COUNCILMAN LEE continued: I am bringing this up, one, because I think it's great that those three entities - the Clean Community Commission, the Jefferson County Adult Probation Service and the Sanitation Department are going to work jointly to clean this area up. I also am bringing it up because I would like the City Attorney next week to come back with an amendment to our litter ordinance that would increase the fine from I believe it's $200.00 right now, to $1 ,000.00. I visited with Chief Schuldt this morning and asked him to motivate his group to aggressively enforce this litter ordinance and, hopefully, with the efforts Of those three groups that I mentioned before, we will clean up this part of the northend and with some deterent, created by the $1,000.00 amendment to the ordinance, if it passes, then we might have a much, much cleaner community. Thank you. €MAYOR MEYERS: Thank you. I think it goes without saying that Councilman Lee's efforts along with those on the Clean Community Commission and Maree Calcote are really I think having a tremendous amount of success and the question's always ask, you know, about economic development and how it impacts. Very simply, when (technician tested microphones at this point on tape) . . . . . . left as it was, it surely calls attention to it in such a negative sense and then what you see ghat the volunteers' work has done, maybe people might drive by it and riot say how pretty that looks, but surely the other way, they will all drive by and say how ugly it looks and I just say keep going. COUNCILMAN LEE:. Well, on behalf of the Clean Corr=unity Commission, and I think Maree will echo my statements, it is because of your leadership and your initiative that the Clean Community Commission is as active as it is. MAYOR MEYERS: Well, it's great. I, you know, I can't believe it. It's eleven months and about five months actively and how many projects now? COUNCILMAN' LEE: About twenty-two now - twenty-five groups on twenty-two projects, and we are continuing to recruit new groups. MAYOR MEYERS: It's a wonderful, contagious disease should it continue to spread. COUNCILMAN_BRUMLEY: It is a contagious disease. -92- March 17, 1987 COUNCILMAN LEE: Let me mention one other thing. My colleague to my left, his wife kind of caught wind of Operation Clean Street and he or she motivated some people out in their community or their neighborhood to go out and clean up Tolivar Street, I believe. Is that right? COUNCILMAN BRUMLEY: Yes, Tolivar Road. COUNCILMAN LEE: I know Mike's really happy that his wife's involved in the program. 'MAYOR MEYERS: Didn't we have somebody just recently pick up and want to adopt another park" MR. TOM WARNER, DIRECTOR OF PUBLIC WORKS: Yes, sir, the American Valve and Hydrant Management Group . . . . . . MAYOR MEYERS: Right, American Valve and Hydrant Management Committee. They are adopting a park. Great. -COUNCILY,kN BRUMLEY: One of the things, to take advantage of what Bob has said, you don't necessarily have to be a member of an organization or a group or even a church. In the Tolivar Road project - it hasn't been a part of Operation Clean Street, but my wife just made copies of a letter asking people to show up in the neighborhood and the next thing we new we had thirty or forty people out there ready to clean up. I mean they were'nt a part of a club. This guy"s getting, as he said, contagious. You know, everyone wants to follow up on it. MAYOR MEYERS: I'm going to ask Councilman Moore in a second because he's got a couple of nice projects going but I don't remember which station it was but the interviewer asked a youngster working Saturday . . . The question was and I maan I wanted to pay that girl for the answer . . . the question was "What are you doing out here with our folks? Your Mom or Dad make you come out here? something like that and she said "Nobody made me come out here. I'm out here because this is going to make it look a lot better. " (Maree Calcote told the Mayor it was a young man. ) A young man, was it? I know Councilman Moore has a couple of neat projects, one that I think really looks like a new world - that's at Highland and Lavaca. -91- - March 17, 1987 COUNCILMAN MOORE: Yes, the Neighborhood Housing Group and the Boy Scouts group of the Three Rivers Council have adopted the triangle on Lavaca and Highland and they would have worked this weekend but they had a scouting trip away and it's also being . . . it's been designated as an Eagle project for one of the guys in the troop so it is really good. They have rude some major improvements in it and they will be working on it in the next couple of weeks. That's the first and the second project that I have opportunity to share it with Maree and not with Bob because he was tied up on the phone and that is that Civic Group I belong to has agreed to take on the Cemetery Project to clean it up again. I didn't know we were going to have such a wonderful display, because I have a couple of things to talk about . . . dumping. That's one of them, trash . . . . . . (technicians again testing system) . . . . . . COUNCILMAN LEE: . . . . . . important because it is up to all of us ourselves to make sure that these things stay clean. The Last paragraph of the press release that mentioned the fact that the Clean Community Commission, the Probation Department and the Sanitation Division were going to be out on Bennett Road says "each target group or each area targeted will have a one-time clean-up. Then citizens in that section will be asked to help maintain the areas and report the persons that are dumping illegally. The clean-up efforts in other sections of town will be considered upon the recommendation of the Sanitation Division. I know that Audwin is going to be going out. What did you say, Wednesday? (Councilman Samuel responded by saying, "Yes, Wednesday.") . . . to try to mobilize the people who live on Bennett Road and these other streets to try to keep the area clean after the initial pick-up and that is very important. -000- Councilman Samuel reported a call from a Mrs. Carter at 3480 Duke Street who is having a problem with a ditch in her back yard and said that Mrs. Carter told him that she had reported the problem many times. Councilman Samuel requested a report after staff made its investigation. Councilman Moore reported a call he had received from Mr. Morris Matthews at 2179 Tulane who requested that someone from the Street Department come out and take a look. Mr. Matthews told Councilman Moore that he is having a problem getting on and off the street because of the size of some potholes. In addition, Councilman Poore questioned the status of the Blossom to Washington Boulevard study for possible installation of 4-way stop signs or a traffic signal to help the residents get onto Washington Boulevard, especially at peak traffic tunes. City Manager responded that Council should have received that report. Councilman Moore reminded all present that the "5th Tuesday" regular City Council session/Town Meeting would be held on March 31 , 1987, at 7:00 p.m. at the West Brook 9th Grade campus. -94- March 17, 1987 Councilman Cokinos reported a call from Mrs. Seth Birdwell who complained that First Street between Calder and Evalon is becoming another dumping site. -000- COUNCILMAN BRUMLEY: I'm not real sure is there's ever been a detailed program that's been put in place by your office or through the various department heads but I think it is, more so in light with all the citizen participation and how involved the citizens and tax payers are getting involved with the City, there either be a program, and I would suggest your comments on it afterwards . a program in place where the department heads, either through some seminar or maybe an emphasis that would be of a permanent nature not just maybe once every quarter, as it relates to communications between City employees and the citizens of Beaumont. I am going to make it through this Meeting. I say this because we've got a locked in market. We serve everyone and that's our product . . our product is service and we work for 120,000 people and I think that we should give 120,000 people the greatest amount of respect that can be given and keeping the professional level that we have. And, without getting Into specifics, I'm not real sure that that's being done in all departments in the City. I think that some departments it's there and there's a tremendous amount of good positive communication between the staff and the citizens but it's not broad-based and it's not with people that are key people of communication. And, I am not talking key people as department heads, I'm talking key people as far as people that regularly see someone on a continuous basis. And, it's so important to the citizens that they be given this respect that it's worth a great deal of effort I think both by the City Manager and by the various department heads, that either one area may be able to emphasize communication along one line and maybe another along another line but these people are your customers and you've got a lot of customers and I think that it's important that that take place - good positive communication. And, I think we've got good employees. Don't get one wrong. I think we've got excellent employees but I think one or two may serve as a bad example for good employees and I would appreciate some emphasis placed on that. I think it is very important. CITY MANAGER: I appreciate the suggestion, the comment. As you know, as Council knows and I know the department heads know - I think we talk about customer relations about every department head meeting, as I recall. It's interesting, and this is a little bit of trivia for Council, the appointment of Chief Schuldt represents for the first time since I've been here all of our department head positions being filled. So, for at least 11 months, we have not reached all of our departments. So, beginning tomorrow, that message will be at every department and that's not saying that we don't need to be penetrating more deeply into the department, but, as you have suggested, Councilman Brumley, there's question that this kind of thing begins with a . . . basically an attitude that translates into behavior and that's a very difficult and has to on-going but I can assure you' we are committed to it. -95- March 15, 1987 Mr. Tony Sacker, 4635 Elmhurst, addressed the City Manager to express his support of the Manager's choice of Police Chief. Mrs. Jan Ruppel, 1345 Stacewood, addressed Council to say that the League of Women Voters would sponsor Candidates' forums: March 23rd, 7:00 p.m. at the John Grey Institute for candidates for City Council Ward IV and on March 24th, 7:00 p.m. at Marshall diddle School for City Council Ward II, to be followed by BISD candidates for Trustee, District VI. In addition, Mrs. Ruppel thanked Council for the opportunity allowed citizens to hear about the activities of the City and the pride that Council has in the different projects that they participate in through citizen attendance at City Council sessions. Mr. Herman Quinton, 3345 Mapes, addressed Council to report that several near accidents have occurred at the intersection of Wooten Road at Highway 30 during construction and asked that a right turn lane be provided off College, if possible, during the construction period. "ors. Patsy Clapper, 615 Howell, addressed Council to suggest that smaller buses be considered for the Transit fleet and that extended hours of operation, as suggested by Goals for Beaumont, be extended further to include from 6:00 p.m. to 7:00 p.m. during the summer. In addition Mrs. Clapper told Council that the State of Texas is the third largest nationally in producing arts, behind California and New York, and asked Council's aid in diversification in working with the Arts Studio in adding to the quality of life for the area. The Reverend Jay Boyd Davis, pastor of the First Bible Baptist Church, addressed Council to request that fines for running stag signs be increased to no less than $100.00 as a deterrent to the violation. The Reverend J. D. Gregory, 3411 Glenwood, addressed Council to commend the selection of the Police Chief; to request stop signs be installed at the intersection of Cedar at 11th Street and to suggest that all fines for traffic violations be increased to a level that the law-breakers paying fines run the Country on fine money and that would allow the cut in property taxes. Mrs. Joyce Reedy, 2470 Angelina, addressed Council to express her concerns for children from the ages of 13 to 15 who are too old for sitters and that parks are either for the very young children or older ones and that this age group is "adrift in a sea of leisure" and asked Council to help in this area. Mr. Raymond Chaison, 1130 Chaison, addressed Council to complain about personnel in the Animal Control Division and a problem he feels is harrassment he is having with then concerning his dog. -000- There being no further business, the meeting was recessed before continuing with the City Council Workshop Session. -96- March 17, 1987 191 Rosemarie Chiappetta, Secretary for the City Clerk for the City of Beaumont, certify that the above is a true copy of the Minutes of the City Council session held March 17, 1987. Rosemarie Chiappetta Secretary -97- March 17, 2987 EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD MARCH 17, 1987 CITY ik%NAGER HAINES: We will go to the Addendum. I will read the short title of the ordinance. MAYOR MEYERS: And, if I understand it, the recommendation from the Planning Department was denial. And, the Planning Commission felt that this was an appropriate way to achieve this and the purpose was a purchaser's financing was being held up . . . was that it? CITY ATTORNEY NICHOLS: This is refinancing. MAYOR MEYERS: Yes, but I mean why is it being refinanced? COUNCILMAN LEE: The people would like to get lower interest rates. COUNCILMAN COKINOS: Lower interest rate. MAYDR. MEYERS: Okay, so it is the same ownership wanting to refinance. CITY MANAGER: The short title is "Entitled an ordinance vacating and abandoning the north two and one half feet of a fifteen-foot utility easement between Lots 14 and 15, Block 4, Westmont Addition and located at 3055 Westmont, Beaumont, Jefferson County, Texas, and providing for retention of a utility easement. COUNCILMAN COKINOS: Mr. City Manager, I don't know why we are taking this up. It's illegal. CITY MANAGER: Council continued it for one week. COUNCILMAN COKINOS: I know, but it is still illegal to give away City property. CITY MANAGER: But it came from the Planning Commission. COUNCILMAN COKINOS: The staff . . okay, we've got to act on the Planning Commission, but still the staff is right by saying that it's Illegal - you can't do it and I don-t know why we are even taking it up unless we have to do something with the Planning and Zoning, act on that action. EXCERPT FROM REGULAR Cl. f COUNCIL Page 2 SESSION ON HELD MARCH 179 1987 CITY MANAGER: This is actually the case. MAYOR MEYERS: Wait a minute. Are you saying that it is illegal but we have to do something with it because Planning and Zoning sent it to us? A few moments ago, you said it was not illegal. COUNCILMAN COKINOS: That's exactly what I'm saying .. . . .. CITY ATTORNEY: No, no, sir, my silence was not in agreement that it was illegal act. I don't agree that it is illegal. I agree that if the Planning & Zoning Commission sends a recommendation up to you, you have to act on it. That's what I was agreeing with. MAYOR MEYERS: Then, let me take it a step further. I feel like I'm in court. If the Planning and Zoning Commission sent a matter to us that was illegal, do we still have a responsibility to act on it? CITY ATTORNEY: To act on it, yes, sir. MAYOR MEYERS: Okay, and even if we were to approve an illegal act, . . . . . . COUNCILMAN COKINOS: It's still illegal. MAYOR MEYERS: . . . Yes, I understand. I mean you would sit there and let us approve an illegal act? COUNCILMAN COKI.NOS: This is what I am saying, also. CITY ATTORNEY: No, I would not. I would give you advice that it was unlawful. MAYOR MEYERS: So, forgetting how this got to us, is this an illegal act, if in fact . . . . . . EXCERPT FROM REGULAR C- - COUNCIL SESSION HELD MARCH 17, 1987 Page 3 CITY ATTORNEY: No, it is not an illegal act to pass this ordinance because in so doing the Council is making a determination that this two and a half feet, there's no public purpose to retain it. MAYOR MEYERS: How do I rely on what you are telling us? CITY ATTORNEY: Well, you know, it's real nice if we can give you yes and no answers but you have to explain why, I think, so that everybody understands it. MAYOR MEYERS: I understand. CITY ATTORNEY: When the Council acts, It acts as the City of Beaumont. It's making a public purpose determination about that two and a half feet. COUNCILMAN LEE: Illegality aside, though, if we grant the abandonment and we have to dig up the thing and the house falls in, the City is liable for the damage. COUNCILMAN COKINOS: Absolutely. CITY ATTORNEY: Right. COUNCILMAN LEE: Okay. COUNCILMAN COKINOS: And, so, what do we need, Mr. Mayor? Do we need a motion forde--nTi—al o—F-w—h-a—t-T MAYOR MEYERS: That's correct. Well, the motion would have to be to deny since it came forward In the form of a recommendation. COUNCILMAN COKINOS: I make a motion that we deny it. MAYOR MEYERS: We have a motion to deny. COUNCIL.%&N LEE: I second the motion. MAYOR MEYERS: We have a second. Surely, we have some discussion. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD MARCH 11, 1981 Page 4 COUNCILMAN COKINOS: No discussion. COUNCILMAN LEE: I suggest also, as a part of that second, or at least as a part of the motion, that City Staff be aggressive in trying to rectify or come up with some answer that will provide an opportunity for these people to be able to refinance their house at a lower interest rate, which I am sure you will do anyway. COUNCILMAN COKINOS: Excuse me. I would strongly advise the Legal Department also next time something like this comes up to the Planning and Zoning to advise them that it is illegal so we won't have to act on it. COUNCILMAN BRA MLEY: Wait just a second, if I might. Whether you might like .. . let's give you an example about spot zoning. I would think it's for you to determine what's legal and what's illegal. I mean that's, just what you interpret. You might say that spot zoning is illegal but yet people make application for zone changes . . . . . . COUNCILMAN COKINOS: I'm not making any determination on it, Mr. Brumley . . . . . . COUNCILMAN'. BRUMLEY: Let me finish, let me finish one second. And the staff recommends denial because it's spot zoning and that the cases indicate that spot zoning is illegal. Does that mean that that applicant needs to be sent out of City Hall and says we are not accepting your application for the zone change because we Interpret it as being spot zoning and the courts have held that spot zoning is illegal. I think that they made application and they deserve . . . it's our responsibility to act on their application whether it's legal or illegal. It doesn't rake a bit of difference. If it's illegal, then we tell them it's illegal but they paid their money. They paid their fees, whatever it is and they asked the elected officials to act on it. Now, I wouldn't want the staff to short circuit something that they interpret as being illegal. MAYOR MEYERS: I have a question. How long have the people been living in the home? CITY ATTORNEY: I don't know. MAYOR MEYERS: Was there a title search done when they bought the home? MR. NORMAN WHI'TAKER, Planning Director: There may have been. If there was, it obviously had an error in it. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD MARCH 17, 1987 Page 5 MAYOR MEYERS: Okay, who's then responsible for failure to disclose? CITY ATTORNEY: As I understand it, they did not have a title policy. We don't know whether they hired a lawyer to do a title search or anything but they didn't have title insurance but they did have a survey and the survey didn't show the encroachment. There would be liability on the surveyor. We understand the surveyor is no longer in business. MAYOR MEYERS: Okay, we have a motion to deny and a second. COUNCILMAN MOORE: Wait, I heard something that really concerns me. This abandonment, we have a liability if we have to go into dig and if we damage the home we are responsible. We can't get a waiver of that responsibility? COUNCILMAN, LEE: Well, that was kind of the attempt that we suggested . . . . . . MR. WHITAKER: That . . . the Planning Commission recommended that we abandon the easement and obtain a document that would absolve the City from any liability if there was any damage to that structure. The City Attorney feels that a document of that type would be difficult to use to protect the City in court because it is not a standard procedure. The standard procedure in protecting the City from liability Is either to retain an easement or the Issue a License to Encroach. The unusual document of one of a kind treatment in court as the City's defense would put the Legal Department on shaky ground. CITY ATTORNEY: I agree. MAYOR MEYERS: Is there any time constraint if action is taken today either for or against as it relates to your further pursuit of a workable solution. MR. WHITAKER: Well, we're in the process of seeing what we can do right now. We talked Friday and Monday to Loan Officers and Title people, so we are going to continue with . . . . . . EXCERPT FROM REGULAR CITY COUNCIL SESSION MARCH 17, 1987 Page 6 MAYOR MEYERS: I mean supposing that, say Councilman Cokinos' motion is supported and it's denied, is there any time constraint placed on the property owner? MR. WHITAKER: As far as getting refinancing? MAYOR MEYERS: To bring it back so that -maybe what you worked out could be dealt with? A. WHITAKER: No, I don't think we have any prohibition against resubmitting applications for abandonments. M� . AYOR MEYERS: Are there any other questions? Being none, we have a motion to deny and a second. Those in favor of the motion, signify by saying Aye. (All responded in favor of the motion to deny the ordinance. ) Opposed. Motion carries. COUNCILMAN COKINOS: Thank you, Mr. Mayor. MAYOR MEYERS: And, I think it is safe to say, you know proceed. 1-M. WHITAKER: This is .. . what we are all concerned about is this is a situation that's beginning to effect a lot of property owners and we are looking for a solution MAYOR MEYERS: Yes, and new things cropping up. Traffic not refinancing on traffic . . .? Have you heard about that? MR. WHITAKER: We provided a letter in support of the people financing in that case and apparently when the real estate market is soft the banks and . . . . . . MAYOR MEYERS: There's a property owner, I understand on West Lucas that was denied refinancing because of the traffic. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD MARCH 17, 1987 Page 7 COUNCILMAN LEE: I heard about that .. . . . . MAYOR MEYERS: Yes and these are all new restrictions. Okay, we thank you. That was obviously a good discussion. That concludes our agenda? END OF EXCERPT. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD MARCH 17, 1987 CITY MANAGER ALBERT E. RAINES: I would like to move back to Item B.I. Again, we will be asking a public hearing be held today relative to action that we are asking the Council to take on Item B.2. So, what I would like to do is read from the Council letter prior to the opening of the public hearing. Today's public hearing is on the 1987 Transit Program of Projects as a basis for a regular application to the Urban Mass Transportation Administration for funding during fiscal year 1988, the year from October 1, 1987 through September 30, 1988. The hearing was originally scheduled for the March 3rd City Council meeting but was reset for today when that meeting was cancelled. After the hearing, the Council will be asked to approve a resolution authorizing the filing of the grant application. As in prior years, the City will apply for an Operating Assistance Grant equivalent to half the cost of operating the bus system in excess of the revenues derived from its operation. For this next fiscal year, the cost is estimated at $1. 2 million, of which $600,000 would be funded by the grant. Additionally, the City would apply for capital grant funding of 80 percent of the cost of purchasing new buses to replace 11 of the old model coaches in the fleet. The cost plus an extra power train for spare parts is estimated at $1.7 million with an estimated $1.35 million coming from the federal grant. The Council may recall we appropriated in this budget year sufficient funds to meet that 20 percent match. With that, if you would like to go ahead and declare the public hearing open, we will proceed. MAYOR MEYERS: Okay, is there anything Tom would want to add or say prior to that? Okay. Then, I would once again open this now to public hearing relative to Item B.l. , that being the City's Transit Program as presented by the Manager and declare this portion of the public hearing open and offer this opportunity if any citizen present would care to make any comment. This public hearing, of course, conforms to requirement that's essential. MR. EARL MASSEY: I'm Earl Massey, 6225 Beau View. I would like to see for them to submit bids or ask for bids for smaller buses. They're spending lots of money and lots of equipment that's not being used. MAYOR MEYERS: Thank you. Is there any other public comment? Very well, I will now declare this second portion of public hearing closed and return to the agenda. END OF EXCERPT. I, Rosemarie Chiappetta, Secretary in the City Clerk's Office, certify that the above is a true copy of the public hearing held during the Beaumont City Council's regular session held March 17, 1987. Rosemarie Chiappetta Secretary