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Home My WebLink AboutMIN NOV 27 2001 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith DAVID W. MOORE, MAYOR Guy N. Goodson, Mayor Pro Tem Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson November 27, 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 November 27, 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 Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items Consent Agenda Mayor Moore called the meeting to order at 1:32 p.m. City Attorney Lane Nichols, gave the invocation. Mayor Moore led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos,Ames, Samuel (arrived at 1:34 p.m.),and Patterson (arrived at 1:34 p.m.) Also present were Stephen J. Bonczek, City Manager; Lane Nichols, City Attorney; and Barbara Liming, City Clerk. Presentations and Recognitions Public Comment: Persons may speak on scheduled agenda items 6-10- No one wished to address these items. Consent Agenda Approval of minutes - November 20, 2001 Confirmation of committee appointments - No committee appointments made. A) Amend Resolution No. 01-270 to authorize the City Manager to submit an application to the Texas Criminal Justice Division for grant funds (in the amount of$31,783.75)for the Family Violence Task Force (and designate Controller Paula Labrie as Financial Officer for the project) - Resolution No. 01-281 B) Approve the purchase of two small rubber track excavators (from CLM Equipment Co., Inc. in the amount of$73,330)for the Public Works Department- Resolution No.01-282 C) Accept maintenance of the street, storm sewer, (Heights Avenue from existing Heights Avenue approximately 507 feet south of 3-OM-4P end of roadway markers, Bankston Lane from proposed Heights Avenue approximately 659 feet east to and including the cul- de-sac, and Gracemount Lane from proposed Heights Avenue approximately 671 feet east to and including the cul-de-sac)water and sanitary sewer improvements in Barrington Heights, Phase IV (Lots 41-74, Block 3) - Resolution No. 01-283 D) Accept maintenance of the street, storm sewer, (Champions Drive from existing Champions Drive approximately 725 feet north to 3-OM-4P end of roadway markers) water and sanitary sewer improvements in Willow Creek Country Club Estates, Phase ll, Section X-B (Lots 6-12, Block 1, Lots 7-13, Block 2) - Resolution No. 01-284 E) Approve a resolution providing adjustment to compensation and retirement benefit contributions for the City Attorney for FY 2002 - Resolution No. 01-285 Councilmember Smith moved to approve the Consent Agenda. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, and Ames Noes: None (Councilmembers Samuel and Patterson arrived at 1:34 p.m.) GENERAL BUSINESS 1. Consider a request for a zone change from A-R (Agricultural-Residential) to RS (Residential Single Family Dwelling) District for a 8.28 acre tract in Barrington Heights, located north of Delaware and west of Dowlen Road Councilmember Cokinos moved to approve Ordinance No. 01-093 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT,TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED A-R (AGRICULTURAL RESIDENTIAL) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR AN 8.28 ACRE TRACT IN BARRINGTON HEIGHTS,LOCATED NORTH OF DELAWARE AND WEST OF DOWLEN ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 2. Considera request to remove one lot zoned GC-MD(General Commercial-Multiple Family Dwelling) District from the Oaks Historic District Councilmember Smith moved to deny an ordinance ENTITLED AN ORDINANCE GRANTING THAT LOT 10 ZONED GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 2685 LOUISIANA AVENUE BE REMOVED FROM THE OAKS HISTORIC DISTRICT IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Ames seconded the motion. MOTION DENIED. Minutes November 27,2001 Page 2 Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 3. Consider a request for a specific use permit in an RS (Residential Single Family Dwelling) District to allow the use of a trailer (mobile home) as temporary living quarters at 1825 Montrose City Attorney Lane Nichols informed Council that the $350 fee related to the specific use permit is required by our ordinance and is non-refundable. Mayor Pro Tem Goodson shared his view that Council should consider an ordinance revision to add amendatory language to waive fees for natural disasters. The applicants of this specific use permit were flood victims and Mayor Pro Tern Goodson spoke in opposition of receiving proceeds from the destruction of property. Mayor Moore proposed the feasibility of assistance from an emergency group with the fee payment for this particular situation. Mayor Pro Tern Goodson moved to approve Ordinance No. 01-094 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE USE OF A TRAILER (MOBILE HOME)AS TEMPORARY LIVING QUARTERS ON LAND ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING DISTRICT) LOCATED AT 1825 MONTROSE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 4. Consider a request for a specific use permit to allow the construction of a new church and associated support services in an A-R (Agricultural-Residential) District at 3810 North Major Drive at Folsom Drive Councilmember Cokinos moved to approve Ordinance No. 01-095 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE CONSTRUCTION OF A NEW CHURCH AND ASSOCIATED SUPPORT SERVICES IN AN A-R (AGRICULTURAL-RESIDENTIAL) DISTRICT LOCATED AT 3810 NORTH MAJOR DRIVE AT FOLSOM DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 5. Consider a request for a specific use permit to allow a beauty shop in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 2310 Morrison Street Mayor Pro Tern Goodson raised questions concerning parking in the alley right-of-way and abandonment of alley. Council concurred that determination of an alley abandonment could occur at a later time. Minutes November 27,2001 Page 3 Councilmember Samuel moved to approve Ordinance No. 01-096 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BEAUTY SHOP IN AN RMH (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT. LOCATED AT 2310 MORRISON STREET,IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 6. Consider a request to abandon two 10'wide unused utility easements lying at the rear of Lots 1-6 and 13-19, Block 2 of the Suburban Acres Addition, Unit One Councilmember Cokinos moved to approve Ordinance No. 01-097 ENTITLED AN ORDINANCE ABANDONING THE TWO 10'WIDE UNUSED UTILITY EASEMENTS LYING AT THE REAR OF LOTS 1-6 AND 13-19,BLOCK 2 OF THE SUBURBAN ACRES ADDITION, UNIT ONE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,TEXAS; PROVIDING FOR THE RELOCATION OF THE EXISTING PHONE CABLE AND GRANTING A NEW EASEMENT. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 7. Consider authorizing the City Manager to execute an Industrial District Contract with TE Products Pipeline Company Mayor Pro Tern Goodson moved to approve Resolution No. 01-286 authorizing the execution of an Industrial District Contract with TE Products Pipeline Company. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 8. Consider a resolution authorizing the City Manager to execute a contract agreement with Carroll and Blackman,Inc.,for engineering services associated with the National Pollutant Discharge Elimination System (NPDES) Permit Councilmember Cokinos moved to approve Resolution No. 01-287 authorizing an agreement with Carroll and Blackman, Inc., for engineering services associated with the City's NPDES permit for an estimated expenditure not to exceed $242,350 for the next 12 months. Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None Minutes November 27,2001 Page 4 9. Consider a resolution authorizing the submittal of projects to the South East Texas Regional Planning Commission-Metropolitan Planning Organization (SETRPC-MPO)as candidates for selection and inclusion into the JOHRTS Metropolitan Transportation Plan- 2025 Councilmember Cokinos moved to approve Resolution No. 01-288 authorizing the submittal of projects to the SETRPC-MPO and, upon inclusion into the Metropolitan Transportation Plan, committing the City to a twenty percent (20%) participation in the project cost. Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 10. Consider a request to amend the 1999 Consolidated Grant Program by reprogramming funds from the Senior Multi-Family Housing line item to the Institute for Educational Advancement Councilmember Smith moved to approve Resolution No. 01-289 amending the 1999 Consolidated Grant Program by reprogramming $10,300 from the Senior Multi-Family Housing line item ($30,000), to the Institute for Educational Advancement. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None WORK SESSION * Review proposed Watershed Protection Ordinance Public Works Director Tom Warner explained that federal regulations and the City of Beaumont's National Pollutant Discharge Elimination System(NPDES)permit requires the City to have adequate legal authority to control storm water pollution. Mr. Warner presented the major components of a proposed Watershed Protection Ordinance that provides the necessary legal authority to prevent the discharge of pollutants and contaminated storm water runoff into the City's storm water system. Mr. Warner, via a PowerPoint presentation, discussed: 1) Why This Ordinance Is Required; 2) the Overall Structure of the Ordinance; 3) Key General Provisions; 4) General Prohibitions; 5)Specific Prohibitions; 6)Pesticides, Herbicides and Fertilizers; 7) Oils and Motor Vehicle Fluids; 8)Spills Reporting and Cleanup; 9)Construction Controls- KeyAspects; 10)Construction Requirements; 11)Industrial and Commercial Controls; 12) No Exposure Certification; 13) Enforcement Remedies; 14) Enforcement; 15) Fees; and 16) Schedule of Fees, as show in Exhibit "A." Mr.Warner informed Council that an ordinance,substantially in the form presented in their Council Packets, would be brought to Council for approval on December 11, 2001. Minutes November 27,2001 Page 5 RECESS OF REGULAR MEETING The Regular Session of City Council recessed at 2:30 p.m. CONVENE MEETING OF THE BEAUMONT HOUSING FINANCE CORPORATION 1. Consider a resolution authorizing the donation of funds from the Defeasance of the Beaumont Housing Finance Corporation Single Family Mortgage Revenue Refunding Bonds, Series 1991 CONVENE MEETING OF THE BEAUMONT MULTI-FAMILY HOUSING FINANCE CORPORATION 1. Consider a resolution authorizing Beaumont Multi-Family Housing Finance Corporation Multifamily Housing Revenue Refunding Bonds(Regency Place Apartment Project)Series 2001 and Beaumont Multi-Family Housing Finance Corporation Multifamily Housing Revenue Refunding Bonds (Regency Place Apartments Project) Taxable Series 2001; and other matters in connection therewith The Regular Session of City Council reconvened at 2:32 p.m. COMMENTS Councilmembers comment on various matters (Mayor Pro Tern Goodson left the Council Chambers at 2:33 p.m.) Councilmember Patterson announced the South Park Neighborhood Association meeting will be Thursday at South Park Baptist Church, and the L. Melton Y.M.C.A. is sponsoring it's 4th Annual Gala Fund Raiser, Thursday at 6:30 p.m. at the Beaumont Harvest Club. Attorney James Payne will be the keynote speaker and Ms. Toye Moss a guest speaker. Honorary co-chairs are State Representative Alan Ritter and the Reverend G.W. Daniels. City Manager Bonczek reported success of the South East Texas Coalition for the Homeless in receiving $1.6 Million in funding from the United States Department of Housing and Urban Development. He said the Parks and Recreation Advisory Committee have recommended for Council consideration potential usage of funds generated from the sale of Central Park property to include renovations of the tennis courts at the Athletic Complex, a Pony League baseball field, spray devices at Sprott, Rogers and Central parks, and a partnership with BISD for additional playground area at the Fletcher Mini- Park. The City Manager announced the$2.2 Million Beaumont Municipal Airport Runway project completion is expected at year end, and he discussed intense efforts to recruit paramedics to Beaumont EMS. Mr. Bonczek reported notification of a Domestic Preparedness Equipment Grant award from the Department of Justice for equipment that includes hazardous materials suits, self contained breathing apparatus, chemical detectors, meters, a mobile decontamination shelter, generators, and many other items. Minutes November 27,2001 Page 6 He expressed appreciation to the City's Emergency Management Coordinator Fire Chief Micky Bertrand and Assistant Coordinator Police Sergeant R. J. Smith for their efforts in obtaining the equipment grant. Public Comment (Persons are limited to three (3) minutes). Mr. Mark Williford, 6395 Westgate, addressed Council in appreciation for Public Health Director Ingrid Holmes and Dr. Novelli requesting in a letter to the State Health Department that they no longer send mercury-based vaccines to Beaumont. Mr.Williford reviewed his past communication of shared facts with the Public Health Department and Council,stated something should have been done sooner, and voiced dissatisfaction that in the letter, he was portrayed as an extremist. Mr. Williford reported that his daughter's IQ has gone up 24 points and again admonished Council to listen and act sooner to citizen concerns and to information shared. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Beaumont Professional Firefighters' Local 399 Claim of Bright Truck Leasing, L.P. Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Manager and City Clerk There being no further business, the meeting adjourned at 2:40 p.m. r David W. Moore, Mayor Barbara Liming, City Clerk Minutes November 27,2001 Page 7 Presentation to the City Coun '� . .'`' �' ',`� The City of Beaumont �� •• ' Watershed Protection Ordinan� `��I Presented by ,� Department of Public Works --t Prepared with the Assistance of -=�-»; URS Corporation& -'^'`� Carroll&Blackman,Inc. --;,"__ Reason for Ordinance & Purpose of Presentario . �� `! • Federal regulations require municipalities to`; ordinance powers to protect storm water qu and provide watershed protection EXHIBIT "A'y • Overview of the proposed ordinance Why This Ordinance Is Required • 1972: Clean Water Act requires storm water pollution control • 1990: EPA Phase 1 storm water rule requires cities larger than 100,000 to have storm water permit • 1990 rule mandates that municipality have "adequate legal authority" in order to comply to permit for storm water discharges • 1998: Phase 1 Municipal Separate St66W Sewer System National Pollutant Discharge Elimination System Permit ("MS4 Storm Water Permit") issued to City of Beaumont 1 Overall Structure of Ordinance • General provisions • Prohibitions i • Regulation of pesticides, herbicides and,f lizers • Control of oil and other motor vehicle flat. • Spill reporting and cleanup • Control of pollutant discharges from conon • Control of pollutant discharges from new,and4 existing industry & commerce • Enforcement methods, fines & fees Key General Provisions • Allows for report of violations to TNRCC • Holds City harmless for review activities • Does not relieve a discharger from compliance to other laws and ordinances a, • Allows for representatives of an owner to act orrbefi�alf of owner, but does not relieve owner of responsibilities/liabilities under ordinance • Definitions of ordinance terminology • Compliance phase in: – 30 days, except if structural modifications required, then 90 days – If there is a significant modification necessary to control pollutant:--�—_ release, phased in compliance allowed on case-by-case baste General Prohibitions -= • Generally: No significant discharge of pollutants in storm waters and no non-storm water discharges to storm waters, EXCEPT: „ – NPDES permitted discharges, – Fire fighting water, clean fire protection waters – Agricultural storm water runoff, irrigation overflow/return flow, landscape irrigation/watering, clean groundwaters, wetland runoff – Water line flushing without significant disinfectants, clew.- sump/foundation drainage ` – Air conditioning condensate – Individual residential and charity car washing – Street washing waters not contaminated with cleaners (soaps, etc.) or other pollutants x Wa Specific Prohibitions r • Used/unused motor oils, motor vehicle fluids • Industrial wastes, hazardous materials/wastes` • Domestic sewage, grease trap wastes, and similar • Garbage, rubbish, yard waste • Street or building wash waters with soaps, cleanetS:y other pollutants • Things that will clog/block storm water conveyances • Excessive sediment releases Pesticides, Herbicides and Fertilizers • Persons or entities handling these materials must be properly permitted as required by State • Proper use and dispose of pesticides, herbicides and ";;, fertilizers required • Disposal of harmful quantities of these m ENA k sewers prohibited prohibited • Display of any state-required notice at time of sale required Oils and Motor Vehicle Flai s • u, Discharge of oils/motor vehicle fluids/sir yl_fa-Auids to j storm water conveyances is prohibited • No used oil for dust suppression if likely thaf-used-al will be introduced into storm waters • display of sign required by TNRCC S f sale is required (promotes proper use & disp�)s [ --- ,.r Spills Reporting a r • Significant spills must be reported''off., • Immediate verbal notification required 06.0 • Follow-up written report to City required �uriless waived) `""`�� ~ • x I • Person or entity responsible for thikx spill response costs of City Construction Controls - Key Aspects • Most comprehensive feature of Ordinance • The requirements supplement state/federal construction storm water controls; do not duplicate�:�� them -.,P� �� .. 7•° • Is comprehensive - requirements extend fry ��r finish of construction activities � 4` - • Application depends upon size of construction project, not who does it. • Non-compliance can result in fines and/or stop work order .�- ,. �, Construction Requirements � :�,.�.� • Prohibits discharge of construction related pollutants . -�,.:; • Requires construction site operators to obtain gra�fing permit for sites exceeding 450 square feet or more of disturbed area. �.; • Grading permit requires completion and submissiott;o.+ a grading plan and associated permit fee r,. ��- • Grading plan describes control measures to: — Provide erosion control during construction — Operate site so as to limit pollutant discharge — Provide final stabilization after completion of construction ,� :, .{� _. Construction Requirements (continued) • City will be required to inspect all sites with a grading permit for compliance to grading plan • Estimated number of grading permits per year: 320 • Estimated number of inspections per year: 960 Industrial and Commerce • Ordinance defines criteria for identificat of ;. risk" industrial and commercial facilities • High risk facilities must: — Submit copy of state or federal permit documents (if applicable) — Allow City access for purposes of inspection — Comply with City's directives based on inspecti — Not discharge non-storm water to City's storm system L: I No Exposure Certification • Can submit no exposure certification in lieu cf SWP3 and/or monitoring results requested by City '!. , • Certification subject to check by inspection y' y' Enforcement • Notices — Warning • — Violation « J w • F • Orders — Consent — Compliance `' " ` — Remediation, abatement and restoration • Appeals — Show cause hearing — Can file Petition for Reconsideration Enforcement • Texas government code applies to violation of ordinance • Both civil and criminal penalties apply • Civil fines $1000 or less per day per viola4l. • Criminal fines $2000 or less per day • City can require, as part of remedies: — Performance bonds — Liability Insurance • Any violation is automatically declared to be a public nuisance Fees • Permits • Inspections and plan reviews • Monitoring and surveillance of discharges • Response to spills • Other fees the City may deem necessary to carry,orrt ordinance CITY OF BEAUMONT WATERSHED PROTECTION ORDINANCE ADDENDUM A: SCHEDULE OF FEES Minimum Amount, $ Incremental Amount,$ for each full or partial acre of site in excess 1 acre FEE SCHEDULE 3 BASE AMOUNT: $30 UNIT ACREAGE RATE $45 INDIRECT COSTS RATE 25% ITEM Description On-Time Application for Grading Permit(with simultaneous 1 submission of Grading Plan) $30 $45 Filing of Application for Grading Permit Later Than 2 Working Days Prior to Start of Grading But Before Start of 2 Grading $60 $45 3 Filing of Grading Permit After Grading Start of Grading $60 $90 On-Time Amendment to Grading Permit(with no net 4 increase in site acreage) 1/2 of Item#1 On-Time Amendment to Grading Permit(with net increase 1/2 of total of Item 5 in site acreage)-unit rate applies only to increase in acreage #1+ $45 for increase in acreage) 6 Late Amendment to Grading Permit Same as total item #1 +25% item #1 cost 7 On-Time Filing of Notice of Termination of Grading No charge 8 Late Filing of Final Notice of Termination of Grading Same as total item #1 +25% item #1 cost 9 Lifting of Stop Work Order 1/2 of total of Item #1+ Request for Conditional Acceptance of Termination of 10 Grading $30 0 11 Filing of Delegation of Authority $30 0 12 City response to spill Direct Cost+25%of Direct Cost Storm Water Sampling Conducted By City at Industrial or 13 Commercial Site Direct Cost+25%of Direct Cost