Loading...
HomeMy WebLinkAboutMIN JUN 05 2001 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith DAVID W. MOORE, MAYOR Guy N. Goodson, Mayor Pro Tern Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson June 5, 2001 Audwin Samuel Lane Nichols, City Attorney Stephen J. Bonczek, City Manager Barbara Liming, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on June 5, 2001, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m.to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Mayor Pro Tern Goodson called the meeting to order at 1:32 p.m. Councilmember Samuel gave the invocation. Councilmember Cokinos led the pledge of allegiance. Present at the meeting were: Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, and Samuel. Mayor Moore (attending a National Association of Regional Councils meeting and touring West Corporation's office in Omaha, Nebraska), Councilmembers Ames (out of city on company business)and Patterson (death in family)were absent. Also present were Stephen J. Bonczek, City Manager; Lane Nichols, City Attorney; and Barbara Liming, City Clerk. Presentations and Recognitions One proclamation was issued: "Management Week," June 6 - 11, 2001. Mayor Pro Tern Goodson announced that the Executive Session will not be held. Public Comment: - Persons may speak on scheduled agenda items. Mr. William Lee, 4685 Ford Street, addressed Council in opposition to Agenda Item No. 5 authorizing intervention before the Public Utility Commission in various fuel cases presently pending and to be filed in the future. He stated that a process is in place for fuel reconciliation and explained how the PUC makes a determination of refunds or surcharges based upon estimates and actual markets. Mr. Lee spoke of unregulated utilities under Senate Bill 7, Entergy's continued adherence to State of Texas laws Entergy's application to recover$138M in fuel reconciliation, and he commented that the PUC approved all fuel cases and the Commission has original jurisdiction on fuel surcharges. He requested the City allow the PUC to reconcile with reasonableness and avoid the creation of a similar California deregulated environment. Mr. David Heilman, 1285 Thomas Road, owner of Shepard's Uniform and Linen, addressed Council in opposition to Agenda Item No. 3 regulating grit and grease trap maintenance. Mr. Heilman expressed his thoughts about the differences of the traps and questioned the change. Ms. Candace Broucher, 7490 Pebble Beach Drive, addressed Council as owner of J&R Services, a grease trap pumping company, and offered her assistance in answering any questions regarding grease traps. Consent Agenda Approval of minutes of the regular meeting held May 22, 2001 Confirmation of committee appointments - No committee appointments. A) Approve a resolution authorizing the settlement of the claim of Kelly Dugas / Christy Fredrickson (in the amount of$72,000) - Resolution No. 01-131 B) Approve a contract to repair and paint the 1,000,000 gallon elevated water storage tank located at Liberty Avenue and 13'h Street(with Gulf States Protective Coatings, Inc. in the amount of$318,400) - Resolution No. 01-132 C) Approve a one (1) year contract for asphaltic concrete pavement placement (with CMM Construction Co., Inc. ) - Resolution No. 01- 133 D) Approve a contract for Summer Food Service Program (with Moncla's, Inc. to provide 565 lunches for$45,369.50) - Resolution No. 01-134 E) Approve a bid for the purchase of one (1) hydraulic fusion machine (from SECOR in the amount of$55,306) - Resolution No. 01-135 F) Approve the purchase of nineteen (19)Opticom priority control systems (in the amount of $17,415 from Consolidated Traffic Controls, Inc.) - Resolution No. 01-136 G) Approve a bid for the purchase of one pneumatic pipe bursting unit (from T. T. Technologies, Inc. in the amount of$133,354) - Resolution No. 01- 137 Councilmember Samuel moved to approve the Consent Agenda. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, and Samuel Noes: None GENERAL BUSINESS 1. Consider a resolution authorizing the award of a contract for the Concord Road Pavement Widening Project, Phase II in the amount of$4,026,428.90 to Excavators&Constructors, Inc. Minutes June 5,2001 Page 2 Councilmember Samuel moved to approve Resolution No.01-138 authorizing a contract in the amount of $4,026,428.90 with Excavators & Constructors, Inc. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, and Samuel Noes: None 2. Consider endorsing the Lamar University's Texas Department of Transportation - Statewide Transportation Enhancement Program application for the MLK Parkway(Spur 380) Landscape and Beautification Councilmember Cokinos moved to approve Resolution No.01-139 endorsing the Lamar University's Texas Department of Transportation-Statewide Transportation Enhancement Program application for the MLK Parkway Landscape and Beautification Project between the East Lavaca northbound and southbound entrance and exit ramps. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, and Samuel Noes: None 3. Consider an ordinance amending Chapter 28, Article III by adding Section 28-107, requiring all food preparation/food service establishments to properly maintain their grease traps and separators, and all commercial/industrial establishments to properly maintain their grit traps and interceptors An ordinance ENTITLED AN ORDINANCE AMENDING CHAPTER 28,ARTICLE III,TO ADD SECTION 28-57, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, REQUIRING ALL FOOD PREPARATION/FOOD SERVICE ESTABLISHMENTS TO PROPERLY MAINTAIN THEIR GREASE TRAPS AND SEPARATORS, AND ALL COMMERCIAL/INDUSTRIAL ESTABLISHMENTS TO PROPERLY MAINTAIN THEIR GRIT TRAPS AND INTERCEPTORS;PROVIDING AN EFFECTIVE DATE;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;AND PROVIDING A PENALTY, was introduced. City Manager Bonczek stated that passage of the ordinance is important to the integrity of the sanitary sewer system because over 50% of blockages are caused by grease that greatly impacts business and residential areas. He said the City is currently under state regulations requiring assurance of the prevention of sanitary sewer overflows and must be in compliance to avoid possible fines,and said the ordinance protects public health and welfare and minimizes service interruptions. Councilmember Cokinos recommended deferral to conduct a workshop for further explanation. A lengthy Council discussion included minimum grit and grease trap cleaning, more extensive cleaning for certain operations, cleaning exemptions, appeals and arbitration procedures, notification of information to the general public, potential impact of expenses to business owners,being in compliance with Texas Natural Resource Conservation Commission regulations, prevention of service interruptions, and the Minutes June 5,2001 Page 3 importance of protecting the sanitary sewer system. Further discussion included explanation by Public Works Director Tom Warner and Water Utilities Manager Joe Majdalani of the final decision and appeals process, cities of comparable size regulations, number of businesses impacted, and installation and cleaning costs. Mayor Pro Tern Goodson extended an invitation to Mr. Bill Munro, owner of Munro's Dry Cleaning and Munro's Uniform, to address Council. Mr. Munro requested a workshop be held to consider exemptions for laundries, and expressed dissatisfaction with the lack of notification, and requested time to review the ordinance. After further discussion, Council concurred to defer action on the proposed ordinance for one week. 4. Consider amending Ordinance No. 01-040 relating to the structure located at 1507 Laurel After explanation by Field Supervisor Pam Loiacano that the owner was present at the public hearing to ask for an extension to repair the structure at 1507 Laurel, but did not understand the procedure, Councilmember Cokinos moved to approve Ordinance No. 01-041 ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 01-040 TO REMOVE THE STRUCTURE LOCATED AT 1507 LAUREL FROM SECTION 1 AND SECTION 2 AND ORDER THAT THE STRUCTURE AT 1507 LAUREL EITHER BE DEMOLISHED OR REPAIRED WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR A PENALTY. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, and Samuel Noes: None 5. Consider a resolution authorizing the City of Beaumont to intervene before the Public Utility Commission in various fuel cases presently pending and to be filed in the future After explanation of the item by the City Manager, Councilmember Cokinos requested deferral of Item No. 5 to possibly conduct a workshop and to consider comments made by Entergy representative William Lee. Mayor Pro Tem Goodson spoke about the City's role and Senate Bill 7 and invited comments by the City Attorney. City Attorney Lane Nichols explained that the resolution is a housekeeping matter; a resolution has already been approved directing intervention in the unbundling case and fuel cases. That resolution addressed fuel cases filed to a certain time. As a precautionary measure, Mr. Nichols explained that a more open-ended authorization is requested to deal with fuel matters. He gave an overview of the cases, recapitulated Mr. Lee's comments and evaluation of procedures, emphasized the importance of the City of Beaumont's participation and impact in ensuring accurate fuel factors and reconciliations, and spoke of higher energy costs during the 1999 blackouts. Mr. Nichols advised Council that to protect and benefit citizens, it is better for the City of Beaumont to be a player than a sideline observer. Mayor Pro Tern Goodson suggested deferral to review past Council action and thanked Mr. Lee and other Entergy-Gulf States representative for their participation. The City Attorney addressed a current reconciliation case being filed outside Minutes June 5,2001 Page 4 the time limits, confirmed that Entergy Gulf-States has filed and will file various fuel related cases not covered by the previous resolution, and stated that the cost of intervention is borne by the company who then transfers them on to rate payers. Council concurred to defer Item No. 5. COMMENTS Councilmembers comment on various matters Councilmember Samuel reported citizen concerns regarding the construction site of a new park near Mary Street that is not being contained by the contractor. He reported a lack of fencing, accessibility of heavy equipment, open holes, and the overall area being dangerous. Councilmember Samuel asked Demolition Field Supervisor Pam Loiacano to investigate four dilapidated structures in the M.L. King area that are not secured. Two are on the west side of Center Street in the 1100 block between Evalon and Ashley, one on Long between Stephenson and Forrest and one at the corner of Ashley and Center. Demolition Field Supervisor Pam Loiacano responded that the last two structures are marked for demolition and should be razed within the next three to four weeks, and stated the other structures will be immediately investigated. Councilmember Samuel expressed pleasure with last Friday's ground breaking ceremony for new home construction on Ashley Street and with the Beaumont Community Housing Development Corporation, and stated this is the first new home to be built in that neighborhood in 34 years. He noted everyone's excitement with the progress for the Martin Luther King and Dick Dowling neighborhood,thanked Council for their support and promised to continue the process of providing affordable housing. Councilmember Smith requested the Water Utilities Manager to immediately send notification of the proposed grit and grease trap ordinance to Mr. Munro. City Manager Report- FY2002 Budget Preparation; SETRPC Relocation; Coastal Impact and Assistance Program(C.I.A.P.); Fire Museum Summer Educational Program; Finance Officer Leaves the City; Development Services Reorganization; 2001 Annual TxSWANA Road E-O; Clean Air Plan for the Beaumont/Port Arthur (B.P.A.) Area; 32n' Annual Fire Training School; Youth Academy Law Enforcement; Summer Reading Club; Summer Work Program Updates; Current & Future Projects; Meetings City Manager Bonczek reported working on various 2002 budget proposals and alternatives for Council consideration to generate revenue and control costs. He said the management team is working on decision packages to accommodate the $4 projected budget deficit,are reviewing combinations of new revenues or reductions of programs and services that have the equivalence of the deficit, and said they will be presented in a work session on June 19. Mr. Bonczek reported the Southeast Texas Regional Planning Commission (SETRPC) is looking for a new location in the Golden Triangle, expressed his desire for the relocation to be in Beaumont, and announced that the Economic Minutes June 5,2001 Page 5 Development Director will be working with the Chamber of Commerce and other groups to identify potential sites and existing buildings that would meet their needs. He reported that a Coastal Impact and Assistance Program application has been submitted and received by the Texas General Land Office with the Neches River Park bank stabilization plan and other projects being considered in the amount of $1.4M. He announced personnel changes that include the resignation of Finance Officer Beverly Hodges who will be assuming the duties as Finance Director in Lubbock, effective July 2, 2001. •Also, the Development Services Managertendered resignation effective May 31,2001,and that position will be eliminated and those duties absorbed by the Building Codes Division and the Planning Division for a re-organizational savings of $65,000. Three Solid Waste Management Division employees received awards atthe Solid Waste Association of North America's Truck and Landfill Equipment Road-E-O. Mr. Derrick Newman placed first in the Tractor Trailer competition, Ms. Felecia Thibodeaux placed third in the Rear Loader competition, and Dwayne Matthews placed third in the Side Loader Competition. Lastly, Mr. Bonczek reported that the Beaumont/Port Arthur clean air plan was approved and we have until 2007 to meet the air quality standard for ozone. Mayor Pro Tern Goodson added comments about the budget process and reported that a waste water survey for medium sized cities printed in a recent publication showed charges by the City of Beaumont are still in the lower half of the category for cities our size, even with an increase last year. Mayor Pro Tem Goodson asked that staff obtain additional information of ad valorem tax rate comparisons for cities our size as a guide during the budget process. Public Comment (Persons are limited to three (3) minutes). Ms. Jerrie Drew, 3066 West Crockett, in the West End Addition, addressed Council to question rezoning of the West End Addition and to request information on the adult literacy program. Mayor Pro Tern Goodson directed Ms. Drew to speak with the City Manager after the meeting about the rezoning issue. He stated that the City Manager has been asked to review all City department staffing and program levels to determine any potential cost savings, and that the adult literacy program is being reviewed. Ms. Dorothy Evans, 2825 Arthur Lane, addressed Council to state that no mention was made of the summer reading club and summer work program updates in the City Manager's Report. The City Manager advised Ms. Evans that he condenses his report, that a summer reading program will be implemented and has been successful in the past. Ms. Evans added her views on the importance of reporting youth programs and citizen input regarding programs. Ms. Candace Broucher, 7490 Pebble Beach Drive, addressed Council to again volunteer her assistance in interpreting the need for a grit and grease trap ordinance. In addition, she invited Councilmembers and staff to preview a demonstration of the traps at her business or call her 840-4620 for information. Minutes June 5,2001 Page 6 Councilmember Smith injected that very long and interesting article appeared in the Wall Street Journal regarding grit and grease traps, the collection, disposal and other related problems. Mayor Pro Tern Goodson asked that Councilmember Smith supply a copy of the article to the City Manager for distribution to Council. Mr. Robert Preston, 1190 Iowa,addressed Council to comment about a recent recognition of Police Officer Sean Kevin Tolley, his views of case falsification, and complained about the actions of Kappa Sigma Phi Sorority members. Mr. Lashon Proctor (no address given) addressed Council to complain that without congestion at Collier's Ferry Park, police officers are still there and that Rogers Park is congested, but there are no officers there, and they remain open until after 9:00 p.m. Mr. Proctor claimed inequity and stated that rules should be applied across the board and for everybody. EXECUTIVE SESSION (Not conducted.) a waste water survey for medium sized cities Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Leah Marie Scott v. The City of Beaumont, et al There being no further business, the meeting adjourned at 2:45 p.m. Guy N. Goodson, Mayor Pro Tern Barbara Liming, City CI rk Minutes June 5,2001 Page 7