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HomeMy WebLinkAboutMIN JUN 12 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 12,2001 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 12, 2001, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to considerthe following: OPENING Invocation Pledge of Allegiance Roll Call Mayor Moore called the meeting to order at 1:35 p.m. The Reverend Reynald Stevens, Morning Star Baptist Church, gave the invocation. Police Officer Carmen Apple led the pledge of allegiance. Present at the meeting were: Mayor Moore, Councilmembers Smith, Cokinos, Samuel, and Patterson. Mayor Pro Tern Goodson (business obligation)and Councilmember Ames(attending Executive Director training for her company) were absent. Also present were Stephen J. Bonczek, City Manager; Lane Nichols, City Attorney; and Barbara Liming, City Clerk. Mayor Moore thanked Mayor Pro Tern Goodson and Council for filling in for him last week when he toured the West Corporation facility in Omaha, Nebraska. He stated that West Corporation executives spoke highly of the level of employees and facility in Beaumont. Presentations and Recognitions 1) Clean Community Director John Labrie recognized three employees of the Solid Waste Management Division of the Clean Community Department who participated in the Annual Texas Lone Star Chapter of the Solid Waste Association of North America's (TxSWANA) Truck and Landfill Equipment Road-E-O in Waco, Texas. Ms. Felicia Thibodeaux placed third in the Rear Loader competition. Mr. Labrie announced that Ms. Thibodeaux is the first woman to place in competition, not only in the state of Texas, but nationally. He said there was only a 15 point difference between third and first place in that category. Mr. Dwayne Matthews placed third in the Side Loader competition with a ten point difference between third and first place. Mr. Derrick Newman won first place in the Tractor Trailer competition. Ms. Thibodeaux stated that she was very honored to be the first female to place in the competition and to place third in competition with 29 men. 2) Mr. Jerome Booker, director of bilingual education for Region V, introduced 12 teachers from Mexico who are teaching Spanish here through a teacher exchange program. The teachers are from six states in Mexico, and in turn 12 of our teachers will tour the educational system in Mexico with funds provided by a federal grant. The teachers presented the City of Beaumont with a History book about Mexico, a water gourd from the state of Morales, educational materials to aid bilingual teachers that included a cassette tape to assist in articulating the language. Mayor Moore welcomed the teachers, presented them a book entitled Beaumont. Texas,and told them that honorary citizenship cards are being prepared for them. Public Comment: - Persons may speak on scheduled agenda items. The Reverend McKinney,owner of McKinney's Specialty Cooking and Barbecue Catering at 3925 Magnolia, addressed Council in opposition to Agenda Item No. 1 regulating grit and grease traps. The Reverend McKinney stated that larger restaurants generate more grease than smaller establishments and that special consideration should be given to them. Mr. Phu Bien, 2565 Forrest, began to address Council and was advised by Mayor Moore that opportunity for comments about matters not on the scheduled agenda would be at the end of the meeting. Mr. William Lee, 4685 Ford Street, addressed Council as a representative of Entergy in opposition to Agenda Item No. 2. Mr. Lee clarified what he considered to be misinformation given to Council last week and Entergy's request in the recent fuel reconciliation filing. He addressed protection of customers, unregulated power, Entergy's participation in the system agreement in an unregulated environment, recovery of fuel costs, a fuel factor responsive to the market, and a request for Council to reject the proposed resolution authorizing intervention. Consent Agenda Approval of minutes of the regular meeting held June 5, 2001 Confirmation of committee appointments - No committee appointments. A) Approve an annual contract(with Gray's Wholesale Tire Distributors, Inc.for an estimated expenditure of$47,018) for the purchase of passenger and light truck tires for the Fleet Management Division - Resolution No. 01-140 B) Authorize the City Manager to execute a change order to the contract (with N&T Construction Co., Inc. in the amount of$29,233.88)forthe Theodore R.Johns, Sr. Branch Library construction project - Resolution No. 01-141 C) Authorize the City Manager to execute a deed conveying property (0.2104 acre tract described as Tracts 89 and 95, Plat F of the David Brown League, Abstract 5) to the Charlton-Pollard Neighborhood Association, Inc. for the construction of a home for the Neighborhood Revitalization Project - Resolution No. 01- 142 D) Authorize the City Manager to execute a change order to the contract (with J & D Construction in the amount of$8,400)for the directional boring project related to water line service to the Southeast Texas Entertainment Complex - Resolution No. 01-143 Minutes June 12,2001 Page 2 E) Approve the purchase of computers (from Gateway Companies, Inc. for a total amount of $97,600) for the Police Department and various city offices - Resolution No. 01-144 Councilmember Smith moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Cokinos, Samuel, and Patterson Noes: None GENERAL BUSINESS 1. 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 Ordinance No.01-042 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 GRITTRAPS AND INTERCEPTORS; PROVIDING AN EFFECTIVE DATE;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY, was introduced. Councilmember Cokinos suggested deferral of the ordinance to allow a full Council to be present to vote on this important issued. During a brief discussion, Councilmembers stated that as requested, staff has clarified language in the ordinance regarding the exemption process and that the only change in the ordinance is the frequency in which traps must be cleaned. Councilmembers Samuel, Patterson, and Smith voiced agreement in proceeding to vote. Councilmember Cokinos reemphasized his desire to wait for a full Council to be present, and Mayor Moore gave opportunity for any unanswered concerns or questions to be expressed, but none were raised. Councilmember Smith moved to approve the Ordinance No. 01-042. Councilmember Samuel seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Cokinos, Samuel, and Patterson Noes: None 2. 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 Minutes June 12,2001 Page 3 After introduction of the resolution, Mr. Bonczek asked the City Attorney to provide additional information. City Attorney Lane Nichols primarily characterized the resolution as housekeeping by extending the time frame for intervention. Mr. Nichols noted the resolution would allow continuation of intervention of cases filed in association with the unbundling of the utility in preparation of competition for next January, and observed that the willingness of Entergy/Gulf States to engage in a debate of the issues indicates a need for the City to intervene and the Public Utility Commission make decisions. He reported the City has successfully intervened in fuel cases for the last fifteen to twenty years, and reiterated his recommendation to proceed with the continuation of the City's intervention because of the upcoming competitive phase of electric utility provisions in Texas. Mr. Nichols added comments about Beaumont being the largest city in the Texas jurisdiction of Entergy, all issues being presented to the Public Utility Commission, and decisions about cost of fuel and fuel factors having long term effects. Councilmember Samuel commented that even after discussion with Mr.William Lee about Entergy's position on the intervention, he feels it is his duty to ensure the protection of the City's fiscal interest by looking at the benefits versus the burden of the intervention. He commended Entergy for being a good neighbor, expressed appreciation to Mr. Lee for being responsive to the needs and requests of the City and his time in explaining the issues, and voiced support for the City's intervention. Councilmember Samuel moved to approve the Resolution NO. 01-145. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Councilmembers Smith, Cokinos, Samuel, and Patterson Noes: None COMMENTS Councilmembers comment on various matters Councilmember Smith commented she is happy to have survived the flooding, reported there were about twelve homes in the two blocks around her that were flooded, said she believes nothing could have been done to change the results, and said it would have been worse if preventative measures had not taken place in the past few years. She spoke of constituent appreciation and complimented City staff for assistance. Councilmember Cokinos thanked Public Works Director Tom Warner for efforts made during the flood, and reported personal observations and contacts with residents of the flooded areas which included the Amelia area. Councilmember Cokinos asked for clarification of the situation on Folsom Road. In reply, Public Works Director Tom Warner reported the center section and ponds of Folsom Road were intentionally designed to flood to prevent stormwater from going into the Dowlen Road area, but to proceed into the DD6 facility. Minutes June 12,2001 Page 4 Councilmember Samuel commended Public Works Director Tom Warner and staff for a job well done and spoke of areas in Ward III that experienced flooding, particularly the East Linwood Highbrook areas. He announced there will be a meeting in the neighborhood within the next two week to discuss some of the flooding issues that were experienced because of clogged drains, and noted that as soon as the drains were unclogged, it allowed the stormwater to flow. Councilmember Samuel emphasized discouraging sweeping trash into the gutters and ditches as a preventative for flooding resulting from clogged drains. He commended Beaumont Police Sargent Meadows for going beyond the call of duty by diving into the flood waters to rescue and save the life of an individual that could not swim to safety. Councilmember Patterson also commended the Public Works Department for their efforts during the Tropical Storm Allison flooding, reminded all males to attend the second annual prostate cancer testing (sponsored by the Gift of Life)this Saturday, June 16, at the Civic Center and wished all fathers a Happy Father's Day. Mayor Moore complimented all the City employees who have worked hard over the last several days and those who struggled just to get to work, and for their spirit of representation for Southeast Texas. In traveling through flooded communities, Mayor Moore reported observations of seeing neighbors helping neighbors, and at the time he signed an application forflood relief assistance, about 276 homes were damaged byflood waters. Compared to the devastation in Houston, he said we are fortunate. He further addressed recent investments made into the stormwater infrastructure,sand bag locations at Ozen High School and Rogers Park and the number of volunteers at those locations, including Mayor Pro Tern Goodson and his son, and City employees ensuring availability of sand and shovels. He further expressed appreciation to Fire Chief Bertrand, the Emergency Management Coordinator, and Assistant Coordinator Officer R. J. Smith for theirwork in submittal of an application to FEMA forflood relief,the public employees and City Manager for a job well done. Mayor Moore also congratulated and recognized Councilmember Patterson for receipt of the Madam President Award from the Y.W.C.A. at a luncheon today. Despite flood conditions, Mayor Moore noted that Parkdale Mall was open this Saturday and Ms. Carolyn Rice was the winner of the $10,000 Parkdale Mall Shopping Spree. City Manager Report - Storm Report; Tyrrell Park Horse Stables; Landfill Capacity Expansion; Tax-Exempt Second Mortgage Program; Texas Amateur Federation State Men's "D" Softball Championships in Beaumont; Coastal Impact Assistance Program (C.I.A.P.); Current & Future Projects; Meetings City Manager Bonczek recognized the Police, Fire, EMS, and Public Works Departments for their hard work and diligence in working with community volunteers, keeping streets safe, and protecting property. An assessment of damages to public facilities and other related costs is continuing for reimbursement. He reported receipt of a lease and development proposal from Mr. Jeff Hughes for the Tyrrell Park Horse Stables for Council consideration and an upcoming workshop to consider potential expansion of the landfill thatwould generate$63M in revenue forthe Solid Waste Fund and be an investmentwith a substantial rate of return. He suggested a work session to discuss a tax exempt second mortgage program which would include issuing bonds to provide second mortgages to qualified low and moderate income first time home buyers. Minutes June 12,2001 Page 5 Public Comment (Persons are limited to three (3) minutes). Mr. Phu Bien, 2565 Forrest Street(name and address not given—received from previous citizen comment portion of agenda), addressed Council to speak of a structure he owns that has not passed City Codes, to review a tenant situation, to complain about City inspectors, the inability to receive approval for utility hook-ups, and to request Council intervention. Mr. Charles Johnson, 1420 Hazel, address Council to request a meeting with the City Manager and Mayor after the Council meeting. Mrs. Beverly Hatcher, 7 Sandlewood Trail, addressed Council as a representative of the Martin Luther King Parkway Commission, to announce their aggressive activities to raise funding for the statue to be placed on the Parkway. The first project is in partnership with the Kroger Store on Phelan Boulevard from Friday, June 15, through June 19. Mrs. Hatcher encouraged Council and citizens to participate in this community activity. She reported that they are in Phase I of the program which has given opportunity to 50 artists that might want to be a part of the statue erection. To date, ten artists have responded. Phase II will be request for bids. She said great response has been received from leaders, and they are now reaching out to the entire community to join them in the partnership with the Kroger Store. On June 19, they will be at the Kroger Store with pledge cards from 10:00 a.m. to 7:00 p.m. In response to questions by Councilmember Samuel, Mrs. Hatcher stated that Kroger will match up to $1,500 and in addition to pledges, contributions will be received for the statue. The Reverend McKinney, 2131 Albany, addressed Council to express his opinion that there has not been much improvement on Magnolia Street and Lucas Drive in the north end, nor in the south end, as compared to the west end of Beaumont. He requested Council address revitalization of these communities and spoke of the investment he has made in his business. The Reverend McKinney stated that he does not agree with newspaper reports that the north end is the worst part of Beaumont. Mayor Moore also expressed disagreement with negative reports of the north end, but listed significant improvements that have been made in the north and south ends of Beaumont. They included construction of over 100 new homes, a new recreation center in 1995, a new library on East Lucas, drainage improvements, and the West Corporation locating in the Village Shopping Center and creating almost 2000 jobs. Mayor Moore spoke of the quality of life being improved, business owners stepping up to revitalize areas, and urged the Reverend McKinney to meet with Councilmembers Samuel and Patterson to become part of the process. Mayor Moore complimented the Reverend McKinney's spirit and voiced his desire to channel it to benefit the city. Councilmember Samuel announced that a meeting will be held in two weeks and invited the Reverend McKinney to speak with him after Council. Mr. William Lee, 4685 Ford, thanked Council on behalf of Entergy for considering the information he submitted and for deferring action last week to allow input into the process. Minutes June 12,2001 Page 6 The City Manager interjected that based on meetings held with business and community leaders for the Fiscal Year 2002 budget preparation, the budget workshop needs to be deferred and rescheduled to allow for more research. Mayor Moore introduced and welcomed Mr.John Williams,who is volunteering as a management intern in the Executive Office. Mr. Williams has a Masters in Public Administration from Lamar University and is retired from the U. S. Navy with 23 years of service. Also, Mayor Moore congratulated the Conventions and Tourism Division for their work with the Hebert High School Masters Group that will bring in over 1,000 people to Beaumont. He announced that a Juneteenth celebration will be held at Riverfront Park that will provide a cultural exchange and emphasis. Councilmember Samuel announced that the Avenues Neighborhood Association will also host a Juneteenth celebration next Sunday at Fletcher Mini Park. EXECUTIVE SESSION 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 2:46 p.m. David W. Moore, Mayor Barbara Liming, City Clerk Minutes June 12,2001 Page 7