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HomeMy WebLinkAboutMIN FEBRUARY 04 1997 M I N U T E S . CITY OF B EAUMON Lulu L.Smith DAVID W. MOORE, MAYOR Andrew P.Cokinos, Mayor Pro Tem Guy N.Goodson CITY COUNCIL MEETING Becky Ames John K. Davis FEBRUARY 4, 1997 Bobbie J. Patterson Lane Nichols,City Attorney Ray A. Riley,City Manager Patrice Fogarty,City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on February 4, 1997, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:40 p.m. to consider the following: OPENING *Invocation Pledge of Allegiance Roll Call *Presentations and Recognition *Public Comments: Persons may speak on scheduled agenda items *Consent Agenda Mayor Moore called the meeting to order at 1:40 p.m. Father Patrick Gahan, Saint Stephen's Episcopal Church, gave the invocation. Jeff Reimers, a Monsignor Kelly High School student, led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Ames, Davis, and Patterson. Also, present were Ray A. Riley, City Manager; Lane Nichols, City Attorney; Patrice Fogarty, City Clerk; and Barbara Liming, Deputy City Clerk. Mayor Moore reported that Councilmember Goodson is out of town. One proclamation was issued: "American History Month," February, 1997, in support of the efforts of the Daughters of the American Revolution. Jeff Reimers, president of the Student Council Executive Board for Monsignor Kelly High School, accompanied by students Ampi Heiman and Meaghan Foley, expressed appreciation to Mayor Moore from the student body for his continual participation and interest in their school. He spoke of the Mayor's frequent visits and graduation address last year. He also thanked Council for their support and as part of the celebration of Catholic Schools Week presented the Mayor and Council with specially prepared food trays. • Citizens were invited to comment on the consent and main agenda items 1 through 6. No one wished to address these subjects. CONSENT AGENDA The following consent agenda items were considered: * Approval of the minutes of the January 21, 1997, regular meeting and the special meeting held January 28, 1997; * Confirmation of committee appointments - No appointments were made. A. Authorize the acceptance of property for the Charlton Pollard Neighborhood Revitalization Project - Resolution No. 97-13; B. Approve the purchase of a truck for use in the Clean Community Division - Resolution No. 97-14; C. Approve the purchase of additional emergency vehicle priority control components to be installed at major intersections throughout the city - Resolution No. 97-15; D. Approve a bid for the refurbishing of two truck chassis - Resolution No. 97-16; E. Authorize the settlement of a lawsuit - Resolution No. 97-17; F. Authorize an increase in car allowance for City Attorney - Resolution No. 97-18; Mayor Pro Tem Cokinos moved to approve the consent agenda. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Ames, Davis, and Patterson Noes: None GENERAL BUSINESS 1. Consider the adoption of a tax abatement policy relating to an enterprise zone. Mayor Pro Tem Cokinos moved to adopt Resolution No. 97-19 authorizing adoption of a tax abatement policy for the City of Beaumont. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Ames, Davis, and Patterson Noes: None Minutes;2/04/97;Page 2 2. Consider authorizing the purchase of a recycling truck. The award was previously made to Olympic International Trucks of Houston by Resolution No. 96-299 who subsequently withdrew their bid due to a bidding error. Councilmember Smith moved to adopt Resolution No. 97-20 authorizing purchase of one cab and chassis equipped with a recycling collection body to Smart's Truck & Trailer Equipment, Inc., in the amount of $77,860. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Ames, Davis, and Patterson Noes: None 3. Consider authorizing the conveyance of property from the City to the State of Texas for the FM 364/Major Drive Project. Mayor Pro Tem Cokinos moved to adopt Resolution No. 97-21 conveying Parcels 45, 50 and 51 for appraised values of $1,600, $52,000, and $46,000 respectively to the State of Texas. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Ames, Davis, and Patterson Noes: None 4. Consider an ordinance adopting bond requirements for various types of contractors. Councilmember Smith moved to adopt Ordinance NO. 97-5, ENTITLED AN ORDINANCE AMENDING CHAPTER 6,TO ADD SECTION 6-3 ESTABLISHING THE BOND AMOUNTS FOR CONTRACTORS UNDER THE BUILDING CODES OF THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY AND PROVIDING FOR REPEAL. CounciImember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Ames, Davis, and Patterson Noes: None 5. Consider authorizing the sale of property located at 875 College Street. Minutes;2/04/97;Page 3 Councilmember Davis moved to adopt Resolution No. 97-22 authorizing execution of a deed without warranty with Eastham Forge, Inc. in the amount of $15,000 for the property located at 875 College Street. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Ames, Davis, and Patterson. Noes: None 6. Consider supporting the Texas Good Roads/Transportation Association's Resolution on State Highway Funding. Councilmember Smith moved to adopt Resolution No. 96-23 requesting the 75th Legislature to address the problem of diminishing highway construction funds and take appropriate action to assure sufficient funding. Councilmember Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Ames, Davis, and Patterson Noes: None 7. Consider an ordinance declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by owners and authorizing the removal of certain other structures who owners failed to comply with condemnation orders. Ordinance No. 97-6 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND/OR REPAIR;PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY was introduced: The twenty-two (22) below listed dilapidated structures are found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 2915 Astor - Lacys Temple of God in Christ, owner(24 violations); 3253 Bennett Road - Herman Hudson, owner(25 violations); 2260 Carroll - E. Chevis c/o Lurtese Robinson, owner (25 violations); 1895 Cartwright - Albert J. Armstrong c/o Deborah Armstrong, owner (25 violations); 985 Church - Eula Mae Rizzo, owner (25 violations); 2480 Concord - Jefferson County, owner (25 violations); 3250 Elinor - Bill & Mary Moss, owners (25 violations); 1395 Forrest - Carolyn F. Lamb, et al, owner (25 violations); 1690 Gill - Mollie Bean, Attn: Roy Fowler, owner (24 violations); 2350 Glendale - Christine Idette Wilder, owner (25 violations); 461 Goliad - Merdie Haney, owner (25 violations); 2580 Hemlock - Edgar Talimore, Jr. Estate, owner(25 violations); 1295 Houston (commercial) - Bessie E. Rossi, Attn: Liz Rossi, owner (25 violations); 432 Jackson - Johanna P. Fertitta, owner (25 violations); 2240 Laurel - John Arthur Sifuentes, owner (25 violations); 2320 011ie - Gerald W. Bailey, Sr., owner (25 Minutes;2/04/97;Page 4 violations); 805 Peach - Mrs. 0. Vaughn, owner(25 violations); 1880 Pine - Wesley Ardion, owner(25 violations); 1888 Pine - Beulah Castile c/o Joseph Castile, owner (25 violations); 1093 Schwarner- Charles Nays, owner (25 violations); 4810 Steelton - Gaylord W. Veazia, owner (25 violations); and 1530 Victoria - Patrick and Norma Slaughter, owners (23 violations); Staff recommendation to raze all structures within 30 days. It has been determined that the structure listed below meets the definition of a dangerous structure and has deteriorated such that it is no longer considered suitable for repair. The structure has been heavily damaged by fire and minor repairs to this building will not address the major structural defects. The owner has been notified but failed to take any action. The Clean Community Division of the Central Services Department is requesting authorization to demolish the structure in accordance with the Dangerous Structure Ordinance and charge the property owner with the cost of demolition. The address of the structure is 1690 Trinidad (garage). The nineteen (19) 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 have revealed non-compliance with the Council's order. Authorization is requested from the City Council to demolish these structures in accordance with the Dangerous Structure Ordinance and charge the property owners with the cost of demolition. 1185 Bonham, 1340 Bradley, 3830 Buffalo, 865-67 Cartwright, 2950 Charles, 2375 Corley, 2387 Delaware, 1775 Euclid, 4240 Garden, 625 E. Gill, 1815 Hebert, 2081 Hemlock, 3448 Magnolia, 1620 Neches, 2045 011ie (garage), 1696 Pauline, 2752 Pennsylvania, 690 Threadneedle, and 2470 Tyler (front). The public hearing to consider the above listed dilapidated structures was opened at 1:57 p.m. No one wished to address these structures. The public hearing was closed at 1:58 p.m. Councilmember Davis moved to adopt Ordinance No. 97-6. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Cokinos, Councilmembers Smith, Ames, Davis, and Patterson Noes: None EXECUTIVE SESSION Mayor Moore announced that an executive session will be held in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Mark Spivey v. City of Beaumont et al following the regular session of City Council. Minutes;2/04/97;Page 5 OTHER BUSINESS * Receive report from Beautify Beaumont, Inc. regarding the Julie Rogers Theatre Landscaping Project Maree Calcote, president of Beautify Beaumont, Inc., distributed copies of their Landscape Master Plan for the Julie Rogers Theatre for the Performing Arts and brochures specifically designed for fund raising. Mrs. Calcote introduced Board Members David Oliver, Jim Cline, Jim Terry, Lewis Hiltpold, Steve Richardson (City of Beaumont employees), Carolyn Howard, Kathleen Perilloux, Canda Kessler, David Goodell, Rette Browning and Pat Klein. She reviewed the function of Beautify Beaumont and the foresight of Mr. Ben Rogers and his donation for renovation of the old city auditorium to the theatre. Mrs. Calcote reported that approximately $120,000 of the anticipated expenditure of $160,000 has already been donated, either in cash or in-kind services. She said that all levels of giving are appreciated and will be publicly acknowledged: $20 - $999, name place on billboard during construction; $1,000 - $9,999 - name placed on permanent marker at theatre; $10,000 or more, name place on personal marker in designated space on theatre grounds. Large cash and in-kind donors include: Julie and Regina Rogers, $40,000, for fountain costs; Vic Rogers, $10,000; the McFaddin-Ward Foundation, $12,000, for lighting costs; Weller, Green, McGowan and Toups law firm, $10,000; Fertitta families, $10,000; Eugene McDermott Foundation, $5,000, in memory of former Beautify Beaumont president Lynn Milam; Mobil Foundation, $2,000; an anonymous gift, $2,500; gifts of$1,000 from Texas Commerce Bank; David and Dinah Bernsen; Mary Howell Garden Club; Community Bank; Paine Webber; and the board of the Symphony of Southeast Texas; in-kind donations to defray the cost of landscaping materials from Automatic Lawn Systems; Golden Triangle Pipe; Pump House Supply; Toro Irrigation Systems; Pine Island Turf Farm; Beaumont Greenery; Triple S Steel; Shell Plant Farm; Transit Mix Concrete; and Al Cook Nursery. Mrs. Calcote said that solicitation of donations will continue and encouraged participation at any level. Mrs. Calcote said that Kathleen Perilloux, the project's landscape architect, is present and available to answer Council's questions. Mayor Moore expressed appreciation to Maree Calcote for her unwavering volunteer efforts to beautify Beaumont and invited comments from board members or guests. Mr. Joseph (Pep) Fertitta complimented Maree Calcote as being a "wonderful guide" for this landscaping project committee and presented a copy of his family's book entitled, The Fertitta's, the First Hundred Years, (a history of the Fertitta family) to be placed in the Beaumont Public Library. Ms. Regina Rogers voiced appreciation to Beautify Beaumont and Maree Calcote for this project and said that she was grateful to be here with her mother and knows her father is smiling down on us today. Councilmembers and the City Manager added words of appreciation for the project, the enhancement of downtown Beaumont and the leadership of Maree Calcote. Minutes;2/04/97;Page 6 *Receive report from Black&Veatch on Drinking Water Testing Program sponsored by the Environmental Protection Agency Linda Firth, a consultant with the firm of Black & Veatch, presented outlined information regarding the Information Collection Rule (ICR) and analyzation of microbial contaminants or cancer-causing compounds that might be in drinking water as outlined in the attached exhibit. After the sample collection, the data will be reported, and if necessary, a treatment study conducted. COMMENTS * Councilmembers comment on various matters Councilmember Smith congratulated Maurine Gray and her committee for planning a fun-filled weekend of celebration during the arrival of the USS PELICAN in Beaumont, it's home port. She thoroughly enjoyed visiting with the crew and had an interesting tour of the ship. She suggested that when the ship returns everyone take advantage of a tour and said the technology is incredible. Mayor Moore thanked Public Works Director Tom Warner and Traffic Engineer Jim Cline for their excellent presentation to the Highway Commission last week. He commented that the Commission better understands the significance of the need for the Concord Road project and heard our appeal. He thanked David Bernsen for holding the Commission meeting in Beaumont and for his community service. Mayor Moore thanked councilmembers, staff and the public for supporting the retreat held last week that produced a number of ideas and challenges for the future. He commented about the interest of downtown improvement and said the project reviewed today was encouraging. Mayor Moore shared that one of the crew members on the USS PELICAN was so impressed with the warmth and response of Beaumont citizens and their appreciation for being able to tour the ship that he is anxious to return to Beaumont for another visit. He complimented those responsible for the activities and said that over 20 students from two high schools had opportunity to experience being aboard the ship as it came in and departed. Mayor Moore wished Port Arthur well in their commissioning of a ship on Saturday, encouraged those working on the continued task of collecting the trash and debris caused by the recent ice storm and asked that appreciation be expressed to Solid Waste Director John Labrie and his staff. * Public Comment (Persons are limited to 3 minutes) Mr. Joseph (Pep) Fertitta, 2020 Chevy Chase, distributed 75th anniversary commemorative tins of TexJoy Spices to Council. Minutes;2/04/97;Page 7 Ms. Alice Ramsey, 3440 Goliad, on behalf of the Top Ladies of Distinction and in commemoration of Black History Month, saluted Mayor Moore for serving as Beaumont's first Black mayor and those who support positive action in Beaumont. Also, Ms. Ramsey extended an invitation to attend a Mardi Gras Gumbo, next Tuesday, February 11, at the Downtown YWCA from 11:00 a.m. to 2:00 p.m.. She said the gumbo will be prepared by True Daughters of the Bayou Country, there will be lots of music, door prizes and a silent auction with proceeds to be used for renovation of the building and other community projects. Mrs. Betty Rienstra, 213 West Caldwood Drive, apologized for not being in the auditorium to receive the proclamation issued at the beginning of the meeting. Mrs. Jean Strahan, 432 Belvedere Drive, addressed Council to complain about the trash from the recent ice storm not being picked up on her street and said it creates a hazardous situation on the narrow street. Mr. Ernest Shackleford, 11755 Carpenter Road, addressed Council to complain about Municipal Court procedures and asked that the City of Beaumont hire a court reporter for all Municipal Court proceedings. Mrs. Paubla Ydrogo, 1590 Gilbert, announced that their next neighborhood association meeting will be held February 7 at the Cristo Rey Catholic Church, thanked Council for supporting their activities and reported that they recently enjoyed a fiesta with lots of good food. Ms. Lucille Stevens, 660 Calder, addressed Council to request an extension of bus service for College and 11th Street and College and Pinchback Road. Mr. Charles Johnson, 5080 Helbig Road, addressed Council to complain about tax dollars being wasted at Plymouth Village, said there are 10 to 15 empty apartments and that the rent is equal to that of a nice apartment in the west end of Beaumont. He spoke of Plymouth Village receiving citations regarding sewage problems and questioned how a terminated administrator could serve on a board of directors for the complex. Councilmember Davis asked Mr. Johnson to supply him with copies of the citations he addressed. There being no further business, the meeting recessed at 3:03 p.m. to reconvene in executive aession. C: )t � Mayor David W. Moore Patrice Fogarty, y CI Minutes;2/04/97;Page 8 City of Beaumont ICR Compliance Program Background Information L What is the ICRZ The United States Environmental Protection Agency (EPA) is currently developing several rules that will: 1. Address chemical byproducts that form when disinfectants used for microbial control in drinking water react with various organic chemicals in the source water, 2. Maintain or improve protection against microbial contaminants. Rules currently anticipated by the EPA include: 1, The Interim Enhanced Surface Water Treatment Rule (IESWTR); 2. The Enhanced Surface Water Treatment Rule (ESWTR); and 3. Stage 1 and Stage 2 of the Disinfectants/Disinfection ByProducts Rule (D/DBPR). By Court Order, the IESWTR and Stage 1 of the D/DBPR are mandated to be promulgated by November 1998. In order to develop workable regulations, the EPA formed a partnership between the water industry and the EPA. The partnership decided that the most appropriate way to generate these regulations was to collect information from water systems across the country. Thus was born the Information Collection Rule(ICR). The ICR is designed to find out if there are viruses,protozoa, or cancer-causing compounds in a community's water;and to collect water treatment plant design and operating information. Water Utilities Department personnel in Beaumont and across the country will collect samples in the water treatment plant, the wells, and the distribution system to determine whether cancer-causing compounds are there. In addition, they will sample the source water to look for microbial components. The personnel will also collect untreated water samples to find out how the treatment process itself affects the water. All of this data will be used by the EPA and water industry partnership to better understand the relationships between source water quality, the chemicals added during the treatment process, and how the treatment process itself changes the water. After all the data is collected, analyzed, and reported, the next step, if necessary, would be to conduct a treatment study. The purpose of the treatment study would be to determine the best treatment for Beaumont's water, and to determine the cost of this treatment. 1 „ITT" II. Wfiat Can the ICR Do for the Cily of Beaumont? The ICR Compliance Program presents the City of Beaumont with three important opportunities in today's difficult world People today are bombarded on all sides with doomsday predictions about their drinking water,their food, their politicians, their government, their environment,and their economy. It is impossible to tell on any given day who is trustworthy, what is true. A recent American Water Works Association research project determined that although about 57 percent of adults think their drinking water meets or exceeds federal standards,39 percent of them think so only because federal standards are not strict enough. It is this public distrust that drives such regulations as the ICR. Beaumont is wise indeed to become a front-runner in complying with the testing requirements of the ICR. Cities who "drag their feet" and complain about the need to comply risk the wrath of their citizens. Carrying out the program called for in the Rule sets the stage for effective public education,for a public demonstration of Beaumont's commitment to delivering not just safe enough,but state- of-the-art safe drinking water, and for involving key community leadership groups in understanding and protecting drinking water. Public Education - through a broad-based communication strategy, the Water Utilities Department will invite the public into its facilities to get to know personnel, tour facilities, and be periodically updated on testing progress and results. For those who don't care to visit facilities, bill stuffers and the media will communicate updates. Commitment to public health and safety - Water Utilities Department personnel will visit economic, non-profit and civic groups, schools, homeowners' associations, and the healthcare community to discuss the program. Each group will have unique questions and concerns about drinking water and the Water Utilities Department will be able to discuss these concerns in an informal setting. Public involvement - as the public learns more about the goals and results of the ICR Compliance Program, awareness of the complexity of treating and delivering water will increase. By being the first and best source of information about drinking water,whether good or bad, the Water Utilities Department will establish itself as trustworthy. The need to treat water to levels sufficient to protect everyone,including at-risk populations,will be communicated to the public through the ICR Compliance Program. Interactions and relationships established with various community groups will provide a network for later public involvement programs which will be required by the newly enacted Safe Drinldng Water Act, such as "Consumer Confidence Reports". The City of Beaumont, by making its ICR Compliance Program quite visible to the public,will lay the groundwork by public acceptance for the information presented in its Consumer Confidence Reports. All segments of the public are vitally interested in safe drinking water. Continuing to deliver the safest possible drinking water ensures the community's economic vitality. Water quality is 2 increasingly a consideration for relocating industry. But most importantly,BeaumonVs citizens, like citizens all across the nation, see high quality drinking water as a right, not a privilege. Providing the highest possible water quality to its citizens makes Beaumont a place where quality of life is truly valued. M. How ij the ICR Accomplished by the Cily of Beaumont? 1. Water Utilities Department personnel have developed an Initial Sampling Plan to document its treatment processes and to identify sampling locations required by the City's unique treatment process. 2. Water Utilities Department personnel will collect raw water samples over a 12-month period to determine if a water treatment study is necessary. 3. Over an 18-month sampling period,Water Utilities Department personnel will collect nearly 1,150 samples to determine the quality of raw and finished water. 4. Of the 1,150 samples,Water Utilities Department personnel will analyze over 430 samples themselves. 5. Environmental Health Laboratories will analyze nearly 680 samples, looking for cancer- causing compounds. b. Environmental Associates, Ltd., will analyze 40 samples, looking for viruses and protozoa in the raw water source. 7. Water Utilities Department personnel will compile all the data collected and report it to the EPA. 8. Depending on the results of the first 12 months of sampling,the City may conduct a water treatment study to determine the best treatment for Beaumont's water. 9. Depending on the results of the overall data collection and reporting efforts, the City may make changes to its water treatment process to provide the safest water possible and to address future regulations. IV. '%Vho is the Team? City of Beaumont - Because the City has the ultimate responsibility for providing the safest water possible for its citizens,the City of Beaumont will take an active role in the data collection, analysis, and reporting process and look to its consultants for technical expertise. Water Utilities 3 Department personnel will collect all samples, ship samples to the contracted laboratories for analyses, perform many of the analyses themselves, and report all information to the EPA. Black & Veatch - Black & Veatch is an internationally recognized firm in the field of water treatment. Dr. Lee Harms, Black & Veatch's technical director on this project, is responsible for oversight of all ICR projects underway for Black& Veatch. Dr. Harms is in direct contact with the ICR Assistance Team and the EPA in Cincinnati. He brings a national perspective on ICR implementation to the project. Ms.Mary Geier,Black&Veatch's project engineer on this project, is responsible for coordination of the City's compliance program with the EPA's Region 6 in Dallas. She is knowledgeable about the ICR and serves as the interface between the City, Dr. Harms, the EPA, and the laboratories. Environmental Health laboratories - Environmental Health Laboratories will be responsible for analyses of water chemistry constituents required of the City of Beaumont by the ICR. The ICR requires that only EPA-approved laboratories for analyses of water constituents required by the ICR conduct these tests. Environmental Health Laboratories is one of only two or three fully ICR-certified commercial chemistry laboratories In the country. Environmental Associates, Ltd. - Environmental Associates, Ltd., will be responsible for analyses of the microbial constituents in the samples. Of the 50 laboratories across the country which applied for approval for protozoan testing (one of the microbial constituents), Environmental Associates, Ltd., is one of the 15 that have been approved. 4