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HomeMy WebLinkAboutMIN JUN 29 1999 M I N U T E S - CITY OF BEAUMONT Lulu L.smith DAVID W. MOORE, MAYOR John K. Davis, Mayor Pro Tem Guy N.Goodson CITY COUNCIL MEETING Andrew P.Cokinos Bobbie J.Patterson JUNE 29, 1999 Becky Ames Lane Nichols, City Attorney Kyle Hayes,Interim City Manager Barbara Liming,City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on June 29, 1999, 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 1:34 p.m. Mr. Oland Rogers, Antioch Baptist Church Deacon Board Chairman, gave the invocation. Interim City Manager Kyle Hayes, led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, and Patterson. Councilmember Ames absent. Also, present were: Kyle Hayes, Interim City Manager; Lane Nichols, City Attorney; Barbara Liming, City Clerk; and Rebecca A. Hoge, Deputy City Clerk. *Presentations and Recognitions Two proclamations were issued: "William Taft Day," June 29, 1999; and one in support of "Census 2000." Mayor Moore recognized Clean Community Director John Labrie proclaimed "Leader of the Year," by the Texas Public Works Association. *Public Comment: Persons may speak on scheduled agenda items Citizen comment was invited on the Consent and Regular agenda Items. Mr. William Lee, 4685 4th Street, representing Entergy Texas addressed Council concerning Item 7 and the City's intervention in the upcoming fuel case Entergy will file in July. He stated the good cause exemption to eliminate the need to file certain information in the fuel case would not be an issue. Entergy has withdrawn the exemption and will provide information to all interested parties. He said the amount of refund the company owes their customers was decided by the PUC when they issued an interim order last year. Entergy's refund allocations were based on agreements made with representatives from the City in 1996. He stated Entergy asked the PUC to clarify intentions in their order and said Entergy will comply. Mr. Lynn DeMary, 430 East Elgie, addressed in support of Item 5 approving the Walden Road extension, informed Council he is a participant in Census 2000, and spoke in favor of the anti drug policy for the Beaumont Housing Authority. *Consent Agenda * Approval of the minutes of the regular meeting held June 15, 1999 * Confirmation of committee appointments- (Appointments: Georgine Guillory to the Board of Adjustment{Zoning}; Bill Bianchi and Norma Chumbley, to the Convention and Tourism Advisory Committee; and Randy Reece to the Airport Advisory Committee for terms expiring June 28, 2001. Reappointments: Marie Broussard to the Historical Landmark Commission for a term expiring May 1, 2001; Ken Dollinger to the Drug Free Beaumont Commission for a term expiring February 15, 2001; and Milt Prewitt to the Martin Luther King Jr. Parkway Commission for a term expiring January 8, 2000.) - Resolution No. 99- 187 A) Approve the purchase of mobile and portable radios for use in the Police Department (10 mobile and 20 portable radios in the amount of $25,642.50 from Kay Electronics of Beaumont) - Resolution No. 99-188 B) Approve the purchase of personal computers for use in various City departments (in the amount of$23,760 from Tangent Computer) - Resolution No. 99-189 C) Approve a contract for the purchase of fire uniforms for Fire Department personnel (with Lone Star Uniforms in the amount of$20,265.72) - Resolution No. 99-190 D) Approve a contract for the replacement of compaction wheel components on a 1993 Caterpillar Compactor used at the Landfill (contract in the amount of $19,360 with Caron Compactor Company) - Resolution No. 99-191 E) Approve an agreement with Beaumont Coca-Cola Bottling Company for purchase of softball scoreboards for use at the Athletic Complex(10 year agreement to purchase 3 scoreboards initially, years 2 through 10, one each year for new ballfields under construction, City granting bottler exclusive right to advertise and sell beverages at Athletic Complex) - Resolution No. 99-192 F) Approve a resolution authorizing participation with the Beaumont Housing Authority in preparing a grant application for funding from the U. S. Department of Housing and Urban Development under the New Approach Anti-Drug Program (in the amount of$249,788.20 for partial operation of Police Department's housing unit) - Resolution No. 99-193 Councilmember Cokinos moved to approve the Consent Agenda. Mayor Pro Tem Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, and Patterson Noes: None Councilmember Cokinos introduced Mr. Robert Marshall and Mr. Kenneth Moore, representatives from the Coke-Cola Bottling Company, and thanked them for their efforts Minutes;June 29,1999,Page 2 at the Athletic Complex. Mayor Moore added appreciation to the Coke-Cola Bottling Company for all their acts of philanthropy toward the City's Athletic Complex. GENERAL BUSINESS 1. Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling- Highest Density) to NC (Neighborhood commercial) District for property at 3504, 3506 and 3508 Delaware Councilmember Smith moved to deny an Ordinance ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT FOR PROPERTY LOCATED AT 3504, 3506, AND 3508 DELAWARE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY, Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, and Patterson Noes: None 2. Consider a request for a specific use permit to allow a taxicab terminal in a GC-MD (General Commercial-Multiple Family Dwelling) District at 201 M. L. K. Parkway at Laurel Mayor Pro Tem Davis moved to approve Ordinance No. 99-44 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A TAXICAB TERMINAL IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 201 M. L. K. PARKWAY AT LAUREL, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, and Patterson Noes: None 3. Consider amending Section 21-75 of the Code of Ordinances related to authorized positions in the Police Department Councilmember Cokinos moved to approve Ordinance No. 99-45 ENTITLED AN ORDINANCE AMENDING CHAPTER 21, SECTION 21-75 TO AMEND THE GRADES AND POSITIONS IN GRADES I AND III OF THE BEAUMONT POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, and Patterson Noes: None Minutes;June 29, 1999,Page 3 4. Consider amending Section 6-171 of the Code of Ordinances related to the International Mechanical Code Councilmember Smith moved to approve Ordinance No. 99-46 ENTITLED AN ORDINANCE AMENDING CHAPTER 6, ARTICLE Vit, SECTION 6-171 OF THE CODE OF ORDINANCE OF THE CITY OF BEAUMONT CONCERNING VENTILATION RATE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, and Patterson Noes: None 5. Consider a change order to the contract for the Walden Road Construction project to allow for the extension from east IH-10 to Fannett Councilmember Patterson moved to approve Resolution No. 99-194 authorizing Change Order Number 3 extending project limits an additional 1200 feet eastward increasing contract with Brystar Contracting Inc. in the amount of$735,032.87. Mayor Pro Tem Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, and Patterson Noes: None Councilmember Goodson questioned completion date for the original contract and the new extension and was advised the estimated completion date should be within four to six months. Mayor Pro Tem Davis asked that Council be better advised about projects in the future, said if the extension had been part of the original contract, perhaps there could have been a cost savings. He spoke of fairness in the bid process and that change orders enable amounts to be raised or lowered after contracts have been awarded. Mr. Warner stated that adding the extension through a change order at this point was a savings. The estimated cost of the extension was $800,000, but with the change order will be about $736,000. 6. Consider Community Development Block Grant funding for the Beaumont Census 2000 Complete Count Committee to promote the 2000 census Councilmember Smith moved to approve Resolution No. 99-195 authorizing $5,000 of CDBG funds to promote the 2000 census. Mayor Pro Tem Davis seconded the motion. MOTION PASSED. Minutes;June 29, 1999, Page 4 Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, and Patterson Noes: None 7. Consider a resolution authorizing intervention in the Entergy/Gulf States fuel case City Attorney Nichols advised Council that this resolution will enable our Legal Department to be part of a process to assure the correct refund for citizens. Council discussion included the possibility of Entergy's best offer, a compromise settlement between cities and Entergy, and Entergy's effective efforts in disseminating information. Councilmember Goodson requested that Council be advised when the City of Beaumont is no longer involved in the case. Councilmember Goodson moved to approve Resolution No. 99-196 authorizing City of Beaumont's intervention in the Entergy/Gulf States fuel case. Mayor Pro Tem Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, and Patterson Noes: None 8. PUBLIC HEARING: Dilapidated Structures Consider an ordinance declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by the owners and authorizing the removal of certain other structures whose owners failed to comply with condemnation orders Ordinance No. 99-48 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION, RENOVATION AND REMOVAL: PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY was introduced: The twenty-eight (28) below listed dilapidated structures are found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 3305 Avenue A, Cathy Skinner-owner; 2254 Avenue D, Golden Triangle Janitorial -owner; 1845 Bolivar (Garage), Joseph Zeno-owner; 3433-35 Concord Road (Commercial and Rear Metal Shed), 3433 Concord Road (Rear Shed), G. A. Upshaw-owner; 2690 Cox, V. Grant-owner; 2005 Delaware, Thomas Louis-owner; 2436 Emile, Cecil Reed-owner; 3396 W. Euclid , Erligha G. Hawkins ESTATE-owner; 2121 Forrest, Henry L. Lewis ESTATE-owner; 2530 Gilbert, James Trolly-owner; 3875 Harding Drive, Alfred L. Haynes-owner; 1374 Harrison, Lawrence J. Hope ESTATE-owner; 820 Madison, Emelda Guilbeaux-owner; 460 Neicy, Thomas J. Blackwell ESTATE-owner; 2395 Park, Michael Kinnear-owner; 4140 Roland Road, Lucille Rugh-owner; 2120 Rockwell, Ruth Toliver ESTATE-owner; 2490 Rusk, Nathan E. Wright- owner; 11080 Sherwood Drive, Robert J. Day-owner; and 1089 W. Virginia, Edmond A. Richards-owner; each with 25 violations and staff recommendation for raze within 30 Minutes;June 29,1999,Page 5 days; and 1870 Central Drive, Wallace B. & Mari K. Taake-owners; 2680 Cox, Althea G. Martin-owner; 48 Guffe (Garage Apartment), Jimmy D. Sartin-owner; 1113 Hazel, Heriberto Herrera-owner; 2860 Orange, Lula E. Baker & David R. Leaven-owner; and 733-37 Powell, Mary Louise Dickerson-owner; each with 25 violation and staff recommendation for raze or repair within 30 days. The seven (7) below listed structures have been condemned by City Council and the owners ordered to either raze or repair them within specified time frames. Reinspection of these structures has revealed noncompliance with the Council's order. Authorization is requested from the City Council to demolish these structures in accordance with the Dangerous Structure Ordinance: 1445 Broadway , 2275 Broadway, 3003 M. L. King, Jr. S. Pkwy (Commercial), 2545-65 S. Sixth, 3673 St. James, 4396 Sullivan, and 2985 Terrell. The public hearing was opened at 2:30 p.m. Mr. Thomas Louis, 5475 Emerald, addressed Council to request an extension to repair the structure at 2005 Delaware. He stated that he has invested more than $7,000 in improvements and needs an extension to complete the rehabilitation. Councilmember Cokinos and Mayor Moore suggested a final 120-day extension to allow for completion of repairs. Mr. Nathan Wright, 2475 Rusk, addressed Council to request an extension to rehabilitate the structure at 2490 Rusk. He reported his financial investment and said that a contractor could begin reconstruction by August 2, 1999. Mayor Moore recommended a 60-day extension to begin the work and instructed Mr. Wright to meet with Pam Loiacano to establish a work program. Ms. Loiacano reported this structure is located in the historic district and Mr. Wright needs to contact the Planning and Zoning a CA for repairs he will perform. Mr. Mike Kinnear, 2151 South Loop in Alvin, Texas, addressed Council regarding the structure located at 2395 Park. He stated he was in a work program last year and received bids to repair the structure. He reviewed his efforts, the amount of finances necessary to bring the structure into compliance, his willingness to repair the porch, paint and secure the structure, and being told that was not acceptable, Mr. Kinnear spoke of the amount of money needed to complete all repairs and his inability to complete them in less than four or five years. Ms. Loiacano said that inspection shows the structure unsecured and in conversation with Mr. Kinnear, she offered him another 120-day work program, and he informed her he had no intention of bringing the structure up to code in that amount of time. No recommendations were made by Council. (Mayor Pro Tem Davis left the Chamber at 2:55 p.m. during Mr. Kinnear's remarks and returned at 3:00 p.m.) Minutes;June 29,1999,Page 6 Mr. G.A. Upshaw, from Katy, Texas, addressed Council to request an extension to determine the feasibility of bringing the structure at 3433-35 Concord Road up to minimum code. Councilmember Goodson recommended a 30-day raze or repair for this structure. Attorney Gaylynn Cooper and Mrs. Aubry addressed Council to request a 90-day extension for the structure at 2545-65 South 6th Street. At Councilmember Cokinos' request, Ms. Loiacano reported she made an inspection May 6, 1999 with Building Official Don Burrell and Mr. Aubry. At that time Mr. Aubry was requested to sign a work agreement, but to date has not signed a work agreement nor allowed any further inspections of work performed as he was instructed to do by Council. She stated no permits have been issued or inspections made for work that has been accomplished since May 6th. Councilmember Patterson instructed Mr. Cooper to make sure Mr. and Mrs. Aubry know they must sign up for a work program and allow city staff to make routine inspections. Mayor Moore recommended a 90- day extension provided Mr. and Mrs. Aubry sign up for a work program and allow City inspections. Mr. Daniel Travis, addressed Council to request an extension to complete repairs to the structure at 3003 Martin Luther King. He stated that he has been on a work program, the structure is sound, is a historical site, and said since the property is commercial, he had to get bids for the work. Mr. Travis stated before plumbing repairs can begin, he needs to know where the sewer tap is located. He indicated that the tin structure would be removed and only the brick structure would remain. Ms. Loiacano verified Mr. Travis' comments and said she has informed him that the sewer tap should not cause a delay in structural repairs. Councilmember Goodson requested Ms. Loiacano contact Mr. Webb regarding the sewer tap. Mayor Moore recommended a 60-day extension for an assessment and for Mr. Travis to make a decision to establish another work program or possibly demolish the structure. Mr. Jim Sartin addressed Council to request a 120-day extension to finish repairs on the structure at 48 Guffey. Ms. Loiacano said the structure is open and Mr. Sartin needs to board and secure the property. Council recommended a 120-day extension for Mr. Sartin. Mr. Edmond Richards addressed Council to request a 120-day extension to complete repairs of the structure at 1089 Virginia. Mayor Moore recommended a 120-day extension. Ms. Loiacano stated that Mr. Richards needs to secure permits for the remaining work. Mrs. Lula Hall addressed Council to request a 120-day extension for the structure at 2860 Orange Street. Ms. Loiacano reported the condition of the structure and the repairs that need to be made, especially electrical repairs. Mayor Moore recommended a 120-day extension. Mr. Bruce Ibach addressed Council to request extensions for structures at 1445 Broadway and 2275 Broadway. Ms. Loiacano discussed the repairs made to the structures. Mayor Pro Tem Davis recommended a 120-day extension for 1445 Broadway and Councilmember Smith recommended a 120-day extension for 2275 Broadway. Mayor Moore stated he wants consistent progress, and if more time is needed, Mr. lbach should contact Ms. Loiacano. Minutes;June 29,1999,Page 7 (Councilmember Goodson left the Chamber at 3:50 p.m. during Mr. Ibach's remarks and returned at 3:57 p.m.) Mayor Moore stated with the amount of extension time discussed for structure rehabilitation today, he expects owners to complete repairs, and staff to systematically inspect the structures and report progress to Council. He said Council is serious about structure rehabilitation, and if work programs are not completed, the structures will be demolished. Mr. John Redeaux, Jr. addressed Council to request an extension for rehabilitation of the structure at 3673 St. James. Ms. Loiacano summarized the improvements Mr. Redeaux has made and commented about the repairs that need to be completed. Mayor Moore questioned Mr. Redeaux 's intention to complete the work needed to bring the structure up to code. Mr. Redeaux stated he is willing to complete the improvements. Councilmember Patterson recommended a 120-extension to his work program. Councilmember Smith commented that the basic problem is that people have no conception of how much it will take to bring these structures up to code, and that usually it really is not economically feasible to do so. The public hearing was closed at 4:20 p.m. Councilmember Smith moved to amend Ordinance No. 9948 to grant a 120-day extension to 1445 Broadway, 2275 Broadway, 3673 St. James, 2005 Delaware, 1089 W. Virginia, 48 Guffey (garage apartment), and 2860 Orange; a 90-day extension to 2545-65 S. 6th with a stipulation the owner must sign a work program within 10 days and allow routine inspections; a 60-day extension to 3003 M. L. King, Jr. S. Pkwy (commercial) to assess and report back the owner's decision regarding rehabilitation and at that time consider a 120-day extension; a 60-day extension to commence work at 2490 Rusk; and a 30-day raze or repair order for 3433-35 Concord (commercial), 3433-35 Concord (rear metal shed), and 3433 Concord (rear shed). Mayor Pro Tem Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, and Patterson Noes: None Councilmember Goodson requested staff create a form to accompany demolition notice explicitly explaining that a permit must be obtained before commencing repairs to a structure. He asked that work program procedures be thoroughly explained and have applicants sign a statement of understanding after the explanation. OTHER BUSINESS Receive Annual Report from the Beaumont Housing Authority Board Chairman John Goodyear and Executive Director Earnest Wilson of the Beaumont Housing Authority presented Council with the Annual Report from the Beaumont Housing Authority. Mr. Goodyear reported the Housing Authority is financially in the best shape it has Minutes;June 29,1999,Page 8 ever been, reserves are high, and the housing stock is in good physical shape. He commented on accomplishments of the Housing Authority. He stated they are in the process of purchasing scattered site homes for the home ownership program. He indicated the Housing Authority is trying to provide low cost housing alternatives, give job training and self-sufficiency training, if needed, provide child care, make people more responsible for the help they receive, and then move them back into the private sector in a shorter period of time. He stated they have applied for "Hope Six Modernization." By taking the Concord Housing Complex and dovetailing it into the City's Concord Road Widening Project, they can modernize the Concord Housing Complex by eliminating some units, and bring in some commercial facilities. Mr. Goodyear said they are proud to have recently received a 100 rating from HUD. He stated they were continually looking for other sources of income and are cutting costs by streamlining their operation to offset the decreases that are coming from HUD from subsidies each year. This year they will be receiving 87% of their request. In reply to Mayor Moore's query, Mr. Goodyear said cost adjustments have not impacted maintenance or planned program expansion. (Councilmember Patterson left the Chamber at 4:35 p.m. during Mr. Goodyear's remarks and returned at 4:39 p.m.) Mayor Pro Tem Davis volunteered to submit a nominee suggestion for the residents' council if needed, and said it is important for tenants to have a voice. He congratulated Mr. Goodyear on the "SAFE Neighborhood" grant and commented on the good relationship between the tenants of Plymouth Village and the Police Department. Mayor Moore inquired about resident council meetings, asked if residents were allowed to set the time for the meetings, and stated he would like a schedule of meeting dates. Mr. Wilson said residents are allowed to set the time for resident council meetings, and said he will see that Mayor Moore receives a copy of the meeting schedules. Receive report related to the City's National Pollution Discharge Elimination System Storm Water Permit Public Works Director Tom Warner presented Council with a report regarding the National Pollution Discharge Elimination System Permit (NPDES) that required cities in 1990 to file NPDES permits to allow storm water discharge in water bodies of the United States. He stated that in the beginning a joint agreement was worked out with DD6 (Drainage District 6) to be a co-applicant. He said the application is in two parts. Woodward-Clyde was hired as a consultant for the permit, and local subcontractors Carroll & Blackman did most of the work. Part I was filed in May of 1992 and Part II was filed in May of 1993, and the City has waited five years for the permit issued August 1998, effective date of October 1, 1999, and expiring September 30, 2003. He indicated this program is an unfunded mandate, and the City is required under the permit to develop a storm water pollution management program with the creation and development of Best Management Practices (BMP). Mr. Warner said the City of Beaumont is currently using procedures that meet federal guidelines without having to expend additional funds, and he discussed procedures the City would have to look at for the future as shown in Exhibit "A." He stated ordinances must be updated to enforce Minutes;June 29, 1999,Page 9 the City's requirements. There will be an annual review update and report to the EPA regarding the City's findings and indicating events that have taken place during the previous year. He informed Council that to complete this large volume of work, with limited staff available, it is important to supplement the work with an engineering contract. He proposed Carroll & Blackman, a local company, be the lead engineer and Woodward-Clyde, an international engineering company be used on a national level with the EPA. He referenced the scope of services outlined in Exhibit "A" that Carroll & Blackman and Woodward-Clyde would be providing though a one year contract. Mr. Warner advised Council that today is an update of the permit, and a contract will be presented to the Council in two weeks for an estimated cost of$266,000 for engineering services. Mr. Warner informed Council the City and DD6 have collectively spent about $800,000 on the permit application to meet the EPA requirements, and stated expenses would continue. Concurrent permit applications will be filed until the water meets the EPA guidelines. (Mayor Moore left the Chamber at 4:43 p.m. during Mr. Warner's remarks and returned at 4:46 p.m.) Mayor Moore requested Mr. Warner to supply references for Woodward-Clyde to Council before the next meeting. Councilmember Goodson referred to stringent original deadline for staff and asked for estimated costs for the first twelve months and beyond. He suggested the City would be better served economically by utilizing staff work to perform permit applications, if this becomes an ongoing activity. Councilmember Goodson questioned involvement of capital improvements to meet the current NPDES permit. Mr. Warner stated the permit was effective October 1, 1999. Some of the $800,000 has been spent for this first eight months, and the $266,000 will suffice for the remainder of this year and all of the next fiscal year. He informed Council the cost will decrease because the City will not have to develop management practices, but there will be continued outside costs. Mr. Warner stated there will be capital expenditures, but currently they are on the water utility side. He said in the locations tested problem areas typically show up in older portions of town where there is infiltration into the system. There are problems in agricultural areas, and this could be where structural controls will have to take place. He informed Council that DD6 has agreed to share in some of the testing cost. Councilmember Goodson expressed concern about the possibility of a substantial capital outlay caused by trying to meet EPA test criteria for the current permit and renewals. Mr. Warner stated they were pleased that the permit does not establish expensive affluent limits. COMMENTS * Councilmembers comment on various matters. Mayor Pro Tem Davis requested Mr. Hayes and Mr. Warner to meet with him Thursday afternoon or Friday morning and visit residences regarding street and public work concerns and wished Councilmember Patterson an early birthday greeting for tomorrow. Minutes;June 29,1999,Page 10 Councilmember Patterson announced that the new city manager will attend the Pear Orchard Neighborhood Association meeting on Thursday, July 8, 1999, at 6:30 p.m., at Our Mother of Mercy Hall and she invited residents of the area to attend. She expressed concerns about littering and standing water on West Highland and requested that Mr. Hayes and Mr. LaBrie investigate the problem and give her a report. * Public Comment (Persons are limited to 3 minutes) Mr. Harry Jackson, 3940 Ironton, addressed Council regarding services provided by the City of Beaumont at Tyrrell Park and spoke in support of more City sponsorships. (Councilmember Smith left the Chamber at 5:00 p.m. during Mr. Jackson's remarks and returned at 5:05 p.m.) Ms. Henrietta Smith, 5080 Helbig Road, a resident of Plymouth Village Apartments addressed Council regarding Council meetings she recently viewed on television and complained about name calling. She informed Council the Police Department has been doing an excellent job at Plymouth Village Apartments and said police officers have not been picking on anyone individual. She complained about the manner in which police officers were reassigned. Ms. Smith referred to slander harming and commended Lt. Beck for his assistance and diligent work with residents at Plymouth Village. She stated that public slander in the City Council meetings must stop. Mr. Jerry Grantham, 4095 El Paso, addressed Council regarding the animal ordinance and report a neighborhood problem with three vicious rottweilers and a pit bull. Mr. Grantham said his children cannot play in the back yard because these dogs can jump over his four-foot fence, and he fears them being attacked. He stated he has contacted the Police Department and Animal Control, and two of the dogs have bitten people in the past and are not confined in a secure enclosure as the law requires. Mr. Grantham asked for Council assistance. Mayor Pro Tem Davis requested Mr. Hayes to meet with Mr. Grantham to try to solve this problem. Mr. Herbert Maxwell, 4135 El Paso, also addressed Council regarding the vicious dogs and barking in the neighborhood, and asked Council for assistance with this problem. Mr. Maxwell indicated he has been unsuccessful in resolving the problem with the neighbor. Mayor Moore stated he would have staff look into the matter. Mr. Lynn DeMary, 430 East Elgie, addressed Council regarding disruptive behavior in the audience during Council meetings. He announced that Councilmember Cokinos waspresented a certificate in recognition of his service at the South Park Neighborhood Association meeting last Thursday night. Mr. Allen Burch addressed Council about an incident that occurred on Sunday, June 13, 1999, on Cardinal Drive and the lack of police officers to render aid to a lady that ran her Minutes;June 29,1999,Page 11 vehicle into the ditch on Cardinal Drive. Mr. Burch claimed the police officers prevented bystanders to pull the vehicle from the ditch because it would be in violation of City ordinances. Mr. Burch further addressed undesirable situations that could arise. EXECUTIVE SESSION Executive Session in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Paul and Cynthia Brack dba Ash-Jon Uniforms Worker's Compensation Subrogation Claim of Catherine L. Johnson Mayor Moore announced the Executive Session would be postponed until the next council meeting in two weeks. There being no further business, the meeting adjourned at 5:20 p.m. David W. Moore, Mayor Barbara Liming, City C erk Minutes;June 29,1999;Page 12 cueCITY OF BEAUMONT PUBLIC WORKS INTEROFFICE MEMORANDUM June 14, 1999 TO: Kyle Hayes, Interim City Manager FROM: Tom Warner, Director of Public Works SUBJECT: NPDES PERMIT COMMENTS In 1990, Congress passed the Clean Water Act (CWA) which, with subsequent amendments, established the National Pollution Discharge Elimination System (NPDES). NPDES requires cities having populations greater than 100,000 people to obtain a permit to discharge storm water collected by the city's storm sewer system into "public waters.' In compliance with the provisions of this legislation the City of Beaumont and Jefferson County Drainage District No. 6 (DD#6), applied for and, effective October 1, 1998,were issued by USEPA,a permit for the discharge of storm water to the Neches River and Hillebrandt Bayou. The NPDES Storm Water permit requires the City to monitor the quality of storm water discharges and to report the findings annually to USEPA Region 6 in Dallas. The permit also requires the implementation of Best Management Practices (BMP's) designed to reduce the maximum extent practicable pollutants borne in storm water collected by the City's storm sewer system. Accomplishing of these goals will require: 1) extensive field collection and laboratory evaluation of storm water sampling data; 2) creation of various -databases to track and evaluate the effectiveness of the many BMP's required by the permit; 3) training City field personnel to recognize and properly report various environmental conditions affecting water quality; 4) qualification and quantification of data in an effort to evaluate the effectiveness of individual and collective BMP's._5)the compilation of data required by USEPA and; 6) the preparation of annual and interim reports to USEPA and Texas Natural Resource Conservation Commission (TNRCC). Public Works/Engineering has limited staff assignable to the accomplishment of the work required by the NPDES Storm Water Permit and has determined that the services of a professional engineering group will be needed to augment the efforts of City personnel. The Engineering group will assist in: 1) the preparation of BMP guidance documents and training workshop materials; 2)the preparation of reports; 3) the formulation of local Ordinances which may be required for the proper EXHIBIT A To: Kyle Hayes From: Tom Warner Subject: NPDES Permit June 14, 1999 Page 2 of 2 implementation of the BMP program and; 4)to lend a national presence to the City's interface with USEPA. Total expenditure for the first 12 months is estimated to not exceed $265,880.00. The Public Works Department will be available to discuss the NPDES requirements during the June 29, 1999 City Council Work Session. Tom Warner TW:JPC:sk NPDES Permit No. TXS000501 Page 2 of Part III Table III.A - Implementation and Augmentation of Storm Water Management Program. Storm Water Activity Responsible Compliance Management Permittee Date Program 1. General a. Develop and submit a program describing procedures to Beaumont October 1, ensure that public participation is a component of the 1999 storm water management program. 2.Planning - a. Submit approvable standards, guidance, and practices Beaumont October 1, Part II.A.2 designed to minimize the discharge of pollutants from 2000 areas of new development and redevelopment after construction is complete (BMP A2-4 item d) . Practices shall: include requirements or recommendations for all projects (excluding incidental projects) ; also address environmentally sensitive areas; and be developed for use during planning and design stages of projects. b. Submit certification of the formal adoption of post- Beaumont January 1, construction water quality standards and practices for 2001 development and redevelopment projects (BMP A2-4 item e) . c. Submit approvable criteria for defining projects required Beaumont January 1, to undergo formal City review of storm water pollution 2001 impact (BMP A2-4 item f) . 3.Flood a. Submit approvable guidance materials that provides Beaumont October 1, Control -Part technical criteria for the assessment of water quality 1999 II.A.4 impacts from new flood control projects during the planning and design stage (BMP A4-1 item d) . b. Submit certification of the formal adoption of guidance Beaumont January 1, materials. ' 2000 c. Submit summary report of evaluations conducted for Beaumont January 1, existing flood control devices to determine feasibility 2000 of retrofitting to benefit water quality (BMP A4-1 items b & c, BMP A4-2 items a & b) . NPDES Permit No. TXS000501 Page 3 of Part III Storm Water Activity Responsible Compliance Management Permittee Date Program 4.Illicits - a. Submit an approvable list of non-storm water discharges Beaumont January 1, Part II.A.6.a exempt from the permittees' illicit discharge program, 2000 along with any limitations on these discharges, and reasons for determinations (BMP B1-3 item c) . 5.Illicits - a. Submit summary of evaluation of long term program options Beaumont January 1, Part II.A.6 .d to provide for the collection, recycling, reuse, & proper 2000 disposal of household hazardous wastes and used motor vehicle fluids (besides oil) . b. Submit an approvable plan for Household Hazardous Wastes Beaumont January 1, and Used Motor Vehicle Fluids Program(s) . Program(s) may 2001 include periodic events or collection site at a convenient publicly available location(s) . c. Submit bertification of the Household Hazardous Wastes Beaumont January 1, ,and Used Motor Vehicle Fluids Program(s) implementation. 2002 6.Illicits - a. Submit an approvable Illicits Discharge and Improper Beaumont October 1, Part II.A.6.e Disposal Inspection Program. Program to include: types 1999 of facilities subject to inspection (included in permittees' Storm Water Facilities Inspection list) ; priorities; and procedures (BMP C1-3 items a, c-f) . b. Submit certification of the Illicit Discharge and Beaumont January 1, Improper Disposal Inspection Program implementation (BMP 2000 C1-3 item g) . 7.Industrial & a. Submit an approvable Industrial and High Risk Inspection Beaumont October 1, High Risk Program. Program to include: specific list of facilities 1999 Runoff - subject to inspection (included in permittees' Storm Part II.A.8 Water Facilities Inspection list) ; priorities; and procedures (BMP C1-3 items a, c-f) . b. Submit certification of Industrial and High Risk Beaumont January 1, Inspection Program implementation (BMP C1-3 item g) . 12000 NPDES Permit No. TXS000501 Page 4 of Part III Storm Water Activity Responsible Compliance Management Permittee Date Program b. Submit certification of Industrial and High Risk Beaumont January 1, Inspection Program implementation (BMP C1-3 item g) . 2000 8.Construction a. Submit certification of the Construction Site Inspection Beaumont January 1, - Part II.A.9 Program implementation (BMP D4-1 item f) . 2001 9. Monitoring a. Submit specific list of facilities subject to the Beaumont January 1, Part II.A.11.c Industrial and High Risk Monitoring Program. 2000 b. Submit subset list of facilities exempted from the Beaumont January 1, Industrial and High Risk Monitoring Program due to "no 2000 exposure" certification, but still subject to the Industrial and High Risk Inspection Program. c. Submit an approvable Industrial and High Risk Monitoring Beaumont January 1, Program. Program to include: monitoring frequency; 2001 parameters; and entity who will do monitoring and analyses (MS4 permittees or subject facility) . d. Submit certification of Industrial and High Risk Beaumont January 1, , Monitoring Program implementation. 2002 ATTACHMENT B Scope of Services Carroll & Blackman Inc For City of Beaumont Engineering and Related Services Municipal Separate Storm Sewer System Permit I. Storm Water Management Program A. Development of Guidelines for each Best Management Practice (BMP) operation and execution. (63 BMP's) 1. Identify BMP specific activities 2. Identify documentation for BMP compliance 3. Identify data analysis and processing information needed for compliance. 4. Identify graphical representations of data and/or detailed maps of activity needed for documentation. 5. Determine the data format for reporting. B. Development of New and Modified Programs 1. Identify requirements of the BMP 2. Conference with effected City departments. 3. Develop guidelines for BMP implementation 4. Assist in implementation procedures 5. Train personnel of significance of the BMP 6. Identify documentation for BMP compliance 7. Develop standard operating procedures for BMP effected personnel C. Creation of standard written forms for documentation of BMP activities. 1. Field observations 2. Recording of public observations and reporting 3. Maintenance activity - 4. Personnel training 5. Field testing 6. Corrective actions relating to reported activities 7. Other D. Record Keeping ' 1. Tracking of information for City Departments. 2. Modify reporting formats as City Departments change management procedures 3. Retrieving of information and forms from City Departments 4. Storage of information in a centralized location 5. Production of a comprehensive database to facilitate data tracking and management City of Beaumont and Jefferson County Drainage District 6 NPDES Storm Water Discharge Permit Scope of Services 6. Enter data into the database for future report generation 7. Use database features to ensure completeness of data storage and retrieval from City departments E. Annual Report Generation 1. Compile data for each BMP 2. Determine data analysis needs for data interpretation 3. Describe and document data analysis process 4. Write narratives for each BMP describing the compliance activity 5. Presentation of the raw and processed data 6. Inclusion of visual data representations 7. Inclusion of correlating data from other programs 8. Production of any custom maps for reporting purposes 9. Completion of reports in a timely manner 10. Conducting meetings to review reports 11. Editing of reports 12. Compiling and completion of the reports final draft F. Program Reviews (Requirement Part II Page 8 G. 1.) 1. Each program must be reviewed for effectiveness and value 2. Determine and quantify activities relating to BMP implementation, operation and administration 3. Apply monetary values to various activities in terms of positive environmental impact 4. Summarize evaluations 5. Prioritize BMP components 6. Modify programs to increase effectiveness, lower cost and/or increase the monetary value of the BMP G. Program Updates and Modifications 1. Review the program 2. Ensure that the modification will not preclude compliance with the permits program requirements. 3. Notification of the EPA and TNRCC of program modifications needed 4. Document the update or modification to the BMP 5. Discuss the draft BMP with the effected City departments 6. Identify changes needed for program modification implementation 7. Discuss implementation procedures with City departments 8. Make any changes to existing data collection forms 9. Review the modified program for comparison to the previous program 10. Modify the reporting format and database portion related to the modification II. Deliverables according to the permit Table III A A. Develop all associated programs, guidance documents and standards included in the table Carroll& Blackman Page 2 of 8 05/16i99 Citv of Beaumont and Jefferson County Drainage District 6 NPDES Storm water Discharze Pernut Scope of Sera ices B. Document compliance according to table deadlines C. Track and advise on upcoming compliance dates D. Submission of all materials listed for compliance III. Representative monitoring _ A. Laboratory selection and preparation 1. Selection of approved laboratory 2. Ensure the laboratory procedures are in compliance with 40 CFR Part 136. 3. Review the EPA WP study data for the laboratory for each permit parameter 4. Record the laboratory EPA identification numlier 5. Retain the current EPA WP study results from the laboratory for each parameter. 6. Review most recent TNRCC inspection report to ensure the laboratory certification status with the TNRCC. 7. Record any independent accreditation certificates for the laboratory that relates to the permit parameters 8. Perform on-site laboratory audit for permit parameter related QA/QC measures needed for 40 CFR Part 136 methodologies 9. Identify holding times for each parameter to the laboratory 10. Identify the MAL needed for each permit parameter to the laboratory and ensure methodology selection as appropriate. 11. Request containers for field sampling for each location 12. Request containers for the collection of QA/QC field sample collection 13. Request ice chests for sample container storage and transport 14. Request deionized water for the collection of field equipment blanks 15. Coordinate possible sampling times and arrange for laboratory on-call status 16. Return to the laboratory and retrieve sampling containers and chain of custody forms for each location and QA/QC locations B. Field locations preparation 1. Visually inspect each location prior to sampling for excessive sedimentation upstream, channel slope overburdens and other maintenance needs. 2. Inspect or Replace any conduit not properly secured at each location 3. Remove old or used suction line and strainer from the locations conduit before each sampling event 4. Replace the suction line at each location prior to sampling 5. Record the length, diameter and type of the new suction line 6. Clean and reinstall the sampler strainer located in the bottom of the open channel or manhole 7. Prepare each location for the securing of the autosampler enclosure 8. Note any physical changes at each sample location Carroll R Blackman Page 3 of 8 05/16/99 City of Beaumont and Jefferson County Drainage District 6 NPDES Storm Water Discharge Permit Scope of Scn•ices 9. Remove any obstructions just upstream of the suction line strainer and sampling location conduit 10. Record the level of the water in the drainage channel C. Field sampling instruments preparation 1. Clean and Inspect all field instruments 2. Recharge the desiccant in each autosampler and the portable flo'x meter 3. Program each compositor for each location according to location suction line parameters 4. Program compositors to collect sequential composite fractions at appropriate time intervals to comply with the permit 5. Set the sample volume to be collected for each fraction 6. Check or replace the internal battery for each autosampler 7. Recharge the main power battery for each sampler and flow meter S. Test each sampler for start-up and pump operation 9. Clean, inspect and/or replace pump tubing for each sampler 10. Install new bubbler line for the flow meter 11. Program the flow meter for the manhole location 12. Test the flow meter operation and check flow meter fuses 13. Clear the memory partition of the flow meter with the computer interrogator function 14. Check and ensure that flow data collection at Alert stations is available for each location D. Field sampling tools and expendable equipment preparation 1. Prepare sanitary supplies for field sample collection 2. Gather tools for sampler operation in the field 3. Prepare two sampling team equipment bags including safety items 4. Clean sampling buckets for each location with deionized water E. Field pH meter preparation 1. Clean and Inspect the pH meter and electrode - 2. Replace electrode storage solution 3. Calibrate pH meter with pH buffer solution 4. Record all calibration information in the pH meter calibration book 5. Verify calibration slope is acceptable and change recalibrate if needed F. Field documentation preparation ' 1. Complete the sample container check list for each location 2. Complete the equipment check list for each location and sampling team 3. Prepare field sample data log sheets for each sampling location Carroll&Blackman Page 4 of 8 05/16/99 City of Beaumont and Jefferson County Drainage District 6 NPDES Storm Water Discharge Permit Scope of Services G. Field personnel training and pre-storm planning 1. Review and discuss field sample collection standard operating procedures with all field personnel 2. Perform dry run training for each sample instrument and pH meter 3. Review field data log sheet recording in the field 4. Review safety information relating to each sampling location 5. Discuss location assignments for each team 6. Discuss communications procedures with each team 7. Update field personnel phone and pager number list H. Pre-storm Instrumentation Deployment 1. Deploy and secure all autosampler enclosures 2. Deploy all autosamplers 3. Calibrate all autosamplers in the field to verify correct sample volume setting and suction line parameters 4. Verify compositor date and time and correct if necessary 5. Run final test sample to ensure autosampler start-up and fraction time intervals I. Weather monitoring 1. Monitor weather for storm systems approaching the City 2. Track dry periods before each storm system 3. Select storm events expected to produce rapid runoff and sustainable drainage flows for a minimum of three hours 4. Contact all field personnel and inform them as to a possible on-call status 5. Use weather satellite and radar images to determine storm system direction and estimated time of arrival 6. Contact local meteorologist for storm system forecasting 7. Contact all field personnel and place on call one day in advance of the storm systems arrival if possible 8. One hour prior to the storm system on-set call in all field personnel for sampling 9. Record amounts of precipitation associated with each storm event before and during sampling. J. Field personnel deployment 1. Identify the areas where the storm will first enter the City boundaries and deploy field personnel to those locations first 2. Maintain communication with field crews and monitor storm path and intensity for field personnel allocation Carroll&Blackman Page 5 of 8 05/16/99 City of Beaumont and Jefferson County Drainage District 6 NPDES Storm Water Discharge Permit Scope of Smices K. Sample Collection 1. At each location the autosampler is engaged and the first composite fraction is collected according to the program 2. At the manhole location the flow meter is activated and the bubbler line is positioned in the manhole pipe for flow monitoring 3. The crew then collects all grab samples with a rope and bucket 4. The field crew then analyzes the storm water for pH and temperature 5. All activities are then recorded into the field data log sheet 6. The sampling team then verifies the autosampler collected the first sample and that the sample volume will be sufficient for sample compositing 7. The field team must travel to the next location and repeat all above steps. S. All samplers at each location must be started within the first 30 minutes of significant flow at each location. 9. If the storm event is very intense it becomes necessary to only start each compositor at each site before collection of grab samples and pH to ensure compliance with step 8. 10. After all samplers are initiated and all grab samples are collected ice is placed in the bottom of each autosampling device to preserve the samples during collection 11. Grab samples are transported back to the office for laboratory transport preparation 12. Subsequent trips are made to each location to ensure continued collection of composite fractions as well as continued flow at the sampling location. 13. If flow does not continue and sample fractions cannot be collected the autosampler will then be halted until the flow conditions improve due. to intensification of the storm. At that time the autosampler will be turned on and composite fraction collection will be resumed. 14. The autosamplers for each location will collect 12 individual fractions for each location. These fractions upon completion are transported back to the office were sample labels are attached with appropriate compositing instructions for the laboratory. These instructions will allow the laboratory to accurately prepare the flow-weighted composite sample. L. Sample Identification 1. Each sample is labeled with blank labels supplied for the laboratory 2. The corresponding location, fraction number and/or parameter is noted on each label. 3. For each location a chain of custody is completed including all sampling collection information and parameter assignments to each container Carroll&Blackman Page 6 of 8 0-5%16!99 City of Beaumont and Jefferson County Drainage District 6 NPDES Storm Water Discharge Permit Scope of Services M. Preparation of Laboratory Equipment for Fecal Coliform Analysis 1. Purchase of necessary equipment and supplies for the analysis of fecal coliform. 2. Installation of acquired equipment. 3. Sterilization of supplies and equipment for analysis. 4. Preparation of documentation system for analytical quality assurance purposes. 5. Preparation of sterile positive control cultures for analytical quality assurance. N. Analysis of Fecal Coliform Samples 1. Preparation of bacteriological media and related supplies. 2. Filtration of fecal coliform samples. 3. Incubation of filtered sample plates. 4. Enumeration of colonies and result calculations. O. Transport of samples to the laboratory 1. Organization of samples at the office 2. Prepare chain of custody for all sample sets and QA/QC sample sets 3. Notification of laboratory personnel of sample collection 4. Transportation of samples to the laboratory 5. Relinquish the samples to the laboratory sample custodian 6. Ensure the laboratory personnel comply with short holding times i.e. Fecal Coliform and BOD 7. Retain a copy of each chain of custody P. Record Keeping 1. Maintain a copy of all field data log sheets 2. Maintain a copy of all flow measurements from Alert stations and the portable flow meters .3. Document and maintain records of total flow and precipitation relating to each storm event 4. Maintain a copy of pH calibration information - 5. Maintain a record of all field check lists 6. Maintain a copy of each chain-of custody form 7. Maintain a copy of each laboratory report and quality assurance report IV. Dry Weather Screening A. Prepare guidance for dry weather screening procedure as indicated by the associated BMP B. Train all maintenance and screening personnel on detection and description of illicit discharges and improper disposals C. Design a standard reporting format for reporting of screening results and activities D. Document the extent of Dry Weather Screening needed to cover the entire system. Carroll&Blackman Pace 7 of 8 05/16/99 City of Beaumont and Jefferson County Drainage District 6 NPDES Storm Water Discharge Pemut Scope of Services E. Visit locations where field crews or public citizens have reported Dry Weather Flows or Improper Discharges to determine environmental impact and sample collection and monitoring needs F. Perform field testing to better evaluate the source of dry weather floNvs G. Sampling of each outfall point in the system as was completed in Part 1 of the permit application process H. Maintain all records from field observations I. Advise on prioritization of illicit discharges J. Use correlating data from representative monitoring program to assist in the search for illicit discharges and improper disposals K. Screening of all major outfalls within the permit area at least once during the term of the permit L. Maintain all records of outfall screening M. Centralized storage of screening data N. Data analysis of screening data and illicit discharges found O. Prepare illicit discharge notification for the responsible party V. Reporting and Assessments A. Organize and Prepare data for presentation in the Storm Water Management Program. B. Prepare maps and graphical representations of analyzed data C. Development of reporting formats for the Storm Water Management Program D. Draft all reports necessary for compliance with the permit. E. Review and discuss the all reports for compliance F. Edit reports G. Prepare the final copy of each report H. Track and advise on reporting deadlines I. Advise on responses to report correspondences from the EPA or TNRCC Vl. URS Greiner- Woodward Clyde) Subcontracting Consultant A. Prepare necessary ordinance documents for BMP implementation. B. Preparation of guidance documents and materials as related to BMP's. C. Assist in the preparation of report documents and reporting formats.- - D. Assistance with training workshop materials for City Employees. E. Participation in special regulatory activities and negotiations with the EPA. F. Specialized prospective on national current events related to storm water permitting in general. G. Expert opinion on logistical issues related to permit modification as needed. Carroll 8 Blackman Page 8 of 8 05/16/99