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HomeMy WebLinkAboutMAY 14, 2002REGULAR MEETING--May '14, 2002 I. ROLL CALL, INVOCATION & PLEDGE The City Council of the City of Port Arthur met in Regular Session on Tuesday, May 14, 2002 at 5:30 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Oscar G. Ortiz; Mayor Pro Tem Tom Henderson; Councilmembers Craig Hannah, Felix A. Barker, Tom Gillam, III, Robert A. Bowers and Michael "Shane" Sinegal; City Manager Steve Fitzgibbons; Acting Assistant City Secretary Van Green and City Attorney Mark Sokolow. The invocation was given by Mayor Pro Tem Henderson followed by the pledge to the flag. II. PROCLAMATIONS & MINUTES Minutes - Regular Meeting Held April 30, 2002 Upon the motion of Mayor Pro Tem Henderson, seconded by'Councilmember Bowers, and carried unanimously, the City Council approved the above-mentioned Minutes. Special Meeting Held May 7, 2002 The motion was made by Mayor Pro Tem Henderson and seconded by Councilmember Bowers that the above-mentioned Minutes be approved. Councilmember Gillam corrected the above-mentioned Minutes in Section II. B. Resolutions, Item (3) to read as follows: "The motion was made by Councilmember Gillam and seconded by Councilmember Bowers that Proposed Resolution No. 11773 be adopted". The motion to adopt the above-mentioned Minutes as corrected carried unanimously. A. Speakers ('1) Roosevelt Petry Regarding Commercial And Financial Information From GP Industrial Contractors, Inc. Mr. Roosevelt Petry, Jr., 410 Houston Avenue, GP Industrial Contractors, appeared before the City Council and discussed the company's contributions in providing training and employment opportunities for Port Arthur residents. Mr. Petry also requested support in obtaining additional financial assistance from the EDC. Ms. Pat Guillory, 410 Houston Avenue, GP Industrial Contractors, appeared before the City Council and discussed the company's process in seeking EDC financial assistance and Council support. (2) Don Pumphrey Regarding Entergy's Proposed Weatherization Program. Mr. Don Pumphrey, Entergy, 1520 9th Avenue, appeared before the City Council and introduced Entergy's proposed Weatherization Program. Ms. Carolyn Motl, Economic Development Team City Entergy, appeared before the City Council and discussed criteria and planned outcomes for the Weatherization Program. B. Correspondence None V. UNFINISHED BUSINESS None. VI. CONSENTAGENDA Upon the motion of Councilmember Gillam, seconded by Mayor Pro Tem Henderson, and carried unanimously, the following Consent Agenda items were adopted with the exception of Proposed Resolutions No. 11768,11769, 11774 and 11777: Consideration And Approval To Reject All Bids Received For Twenty Computer Workstations And Software And Authorization To Re-Advertise For Bids (Police Department). Consideration And Approval Of Awarding A Bid For The Purchase Of Twelve Motorola MTX B5 800 MHZ Portable Radios, Ten Motorola MTX 8000 B7 800 MHZ Portable Radios And Fourteen Motorola Mobile Chargers To Kay Electronics Of Beaumont, Texas In The Amount Of $29,493.49 For The Fire Department. Consideration And Approval Of Awarding A Bid For The Purchase Of One Motorola MCS 2000 Mobile 800 MHZ Radio, Three Motorola MTX 8000 B5 Portables And Three Mobile Chargers To Kay Electronics Of Beaumont, Texas In The Amount Of $5,346.55 For The Fire Department. Consideration And Approval To Rescind The Purchase Of A %- Ton Pickup From Triangle Chevrolet (Through HGAC) In The Amount Of $14,816.33 And Approval To Purchase A %-Ton Pickup Truck From Triangle Chevrolet In The Amount Of $15,556.99 For Animal Control. Consideration And Approval Of Awarding A Bid For The Purchase Of Fire Hydrants To Golden Triangle Pipe Of Beaumont, Texas For The Unit Price Of $784 (3.5' Bury Depth) And $820 (4.5' Bury Depth) For The Utility Operations Department (Water Distribution Division). Consideration And Approval Of Renewing A Contract For The Purchase Of Books, Video Tapes And Audio Tapes To Ingram Library Services, Inc., In The Amount Of $50,000 For The Library. Consideration And Approval Of Awarding A Bid For The Purchase Of Worker's Uniforms To Aramark Uniform Services Of Beaumont, Texas On A Unit Cost Basis For Approximately One Year For Various City Departments. Consideration And Approval Of Payment To A.M.F. Materials And Transport Of Port Arthur, Texas In The Amount Of $24,750 For Emergency Equipment Services At The City's Landfill Facility. I. Approval Of Expense Accounts: Mayor Oscar G. Ortiz: Use Of Personal Auto On City Business, In And Out Of The City, April, 2002 $102.92 Councilmember Felix Barker: Use Of Personal Auto On City Business, April, 2002 $100.00 Councilmember Tom Henderson: Use Of Personal Auto On City Business, March & April, 2002 $199.29 Councilmember Robert A. Bowers: Use Of Personal Auto On City Business, April, 2002 $ 46.35 Councilmember Tom Gillam: Use Of Personal Auto On City Business, April, 2002 $100.00 Acting City Secretary Jan Stroder: Use Of Personal Auto On City Business, Out Of City, February - May, 2002 $ 75.92 Assistant City Secretary Evangeline Green: Use Of Personal Auto For May 4, 2002 General Election; April - May, 2002 $ 38.33 City Attorney Mark T. Sokolow: Use Of Personal Auto On City Business, April 16-26, 2002 $14.60 Resolutions - Consent (1) P. R. No. 11765 - A Resolution Approving The Acceptance And Execution To Increase The Amount Of Three Subcontractor Grant Awards To Perform Additional Tobacco Prevention And Control Activities For A Total Amount Of $16,800. Proposed Resolution No. 11765 was adopted, becoming Resolution No. 02-140. (2) P. R. No. 11766 -A Resolution Pertaining To The User-Friendly Phone Book Greater Beaumont Published By Cameron Publishing. (Requested By Councilmember Bowers) Proposed Resolution No. 11766 was adopted, becoming Resolution No. 02-141. (6) P. R. No. 11770 -A Resolution Approving Sewer Adjustments To Certain Utility Accounts. Proposed Resolution No. 11770 was adopted, becoming Resolution No. 02-142. (6) P. R. No. 11772 - A Resolution Granting A Permit For Seismic Operations In The City Of Port Arthur To Lake Ronel Oil Company. Proposed Resolution No. 11772 was adopted, becoming Resolution No. 02-143. (8) P. R. No. 11775 - A Resolution Awarding The First Year Of A Contract To CCAP, Inc., DBA Sanserve Building Services Of Beaumont, Texas For Janitorial Services For City Hall And Annex Buildings In The Amount Of $32,964. The Three Subsequent Yearly Contract Renewals In The Amount Of 2nd Year $33,952.92, 3rd Year $35,650.56 And The 4th Year $37,433.04 Will Be At The Discretion Of City Council. Funds Are Available In The FY2002 City Hall Division Budget, Account No. 001-1206-531.32-00. Proposed Resolution No. 11775 was adopted, becoming Resolution No. 02-144. (lO) P. R. No. 11778 - A Resolution Awarding A Bid And Authorizing The Execution Of A One-Year Contract Between The City Of Port Arthur And Hollier Construction Company Of Groves Texas For Concrete Slip-Form Placement Of Concrete Curb And Gutters And Concrete Curbs, And Construction Of Sidewalks, Driveways And Wheelchair Ramps On A Unit Cost Basis For Various City Funded And CDBG Grant Funded Street Projects; Proposed Funding: Street Division FY2002 Budget Account No. 001-1203-531.36/51/86 And The 28th Year CDBG Street Project Accounts, With An Estimated Annual Expenditure Of $25,000. Proposed Resolution No. 11778 was adopted, becoming Resolution No. 02-145. VII. ITEMS REQUIRING INDIVIDUAL ACTION Consent - Resolutions (3) P. R. No. 11768 -A Resolution Authorizing The Second Year Of The Existing Water And Sewer Line Tapping Contract For Utility Operations Approved On May 29, 2001, With Jerry Walley Construction Company Of Lumberton, Texas, For A Total Contract Amount Not To Exceed $175,000. Account No. 414-1621-532.83-00 And 414-1621-532.85-00. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Bowers and seconded by Mayor Pro Tern Henderson that Proposed Resolution No. 11768 be adopted. Water Utilities and Operations Director Dan Shepherd appeared before the City Council and presented information pe~aining to the second-year of the present water and sewer line-tapping contract with Jerry Walley Construction Company. Upon the motion of Councilmember Gillam, seconded by Councilmember Bowers, and carried, Proposed Resolution No. 11768 was amended to read that the amount of the services would not exceed $175,000 for the two-year period beginning May 29, 2001 to May 29, 2003. Proposed Resolution No. 11768 was adopted as amended, becoming Resolution No. 02-146. Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Gillam, Bowers and Sinegal. Voting No: None. The caption of Resolution No. 02-146 reads as follows: RESOLUTION NO. 02-146 A RESOLUTION AUTHORIZING THE SECOND YEAR OF THE EXISTING WATER AND SEWER LINE TAPPING CONTRACT FOR UTILITY OPERATIONS APPROVED ON MAY 29, 2001, WITH JERRY WALLEY CONSTRUCTION COMPANY OF LUMBERTON, TEXAS, FOR A 4 TOTAL CONTRACT AMOUNT NOT TO EXCEED $175,000. ACCOUNT NO. 414-1621-532.83-00 AND 414-1621-532.88-00. (4) P. R. No. 11769 -A Resolution Authorizing The Second Year Of The Existing Fire Hydrant Installation And/Or Replacement Contract For Utility Operations Approved On May 29, 2001, With Jerry Walley Construction Company Of Lumberton, Texas, For A Total Contract Amount Not To Exceed $48,000. Account No. 410-1253-532.35.00. The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Bowers, seconded by Mayor Pro Tern Henderson, and carried, Proposed Resolution No. 11769 was adopted, becoming Resolution No. 02-147. Voting Yes: Mayor Ortiz; Mayor Pro Tern Henderson; Councilmembers Hannah, Barker, Gillam, Bowers and Sinegal. Voting No: None. The caption of Resolution No. 02-147 reads as follows: RESOLUTION NO. 02-147 A RESOLUTION AUTHORIZING THE SECOND YEAR OF THE EXISTING FIRE HYDRANT INSTALLATION AND/OR REPLACEMENT CONTRACT FOR UTILITY OPERATIONS APPROVED ON MAY 29, 2001, WITH JERRY WALLEY CONSTRUCTION COMPANY OF LUMBERTON, TEXAS, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $48,000. ACCOUNT NO. 410-1253-532.35.00. (7) P.R. No. 11774 - A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And The South East Texas Regional Planning Commission For A Compost Bin Project; Funding Is From Grant Funds From The Texas Natural Resources Conservation Commission In The Amount Of $15,000.00 Administered By The South East Texas Regional Planning Commission. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Bowers and seconded by Mayor Pro Tem Henderson that Proposed Resolution No. 11774 be adopted. 'Public Works Director Leslie McMahen appeared before the City Council and discussed the compost bin project and proposed contract. The City Manager explained the process for receiving the grant funds for the compost bin project during the last three years. Proposed Resolution No. 11774 was adopted, becoming Resolution No. 02-148. Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Gillam, Bowers and Sinegal. Voting No: None. The caption of Resolution No. 02-148 reads as follows: RESOLUTION NO. 02-148 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND THE SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION FOR A COMPOST BIN PROJECT; FUNDING IS FROM GRANT FUNDS FROM THE TEXAS NATURAL RESOURCES CONSERVATION COMMISSION IN THE AMOUNT OF $15,000.00 ADMINISTERED BY THE SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION. (9) P. R. No. 11777 - A Resolution Authorizing The Mayor And City Manager To Execute Change Orders No. 1, 2, 3, 4, 5 And 6/Final To The Contract Dated August 27, 2001 Between The City Of Port Arthur And Elliott Equipment &'Construction Of Groves, Texas For The Construction Of Cells 44A, 44B And 45 At The City's Landfill Site, Increasing The Contract Amount By' $9,974.35 From $898,459 To A New Contract Total Of $908,433.35, Authorizing The City Manager To Execute A Certificate Of Acceptance For The Work And Authorizing Final Payment Of Invoice No. 9 In The Amount Of $75,041.22 And Invoice No. 101Final In The Amount Of $45,421.67; Funding Being Available In FY2002 Account No. 301-1601-591.89-00; ClP 203. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Gillam and seconded by Councilmember Bowers that Proposed Resolution No. 11777 be adopted. Public Works Director Leslie McMahen appeared before the City Council and presented an overview of the proposed contract and explained the change orders that occurred during the construction of cells 44A, 44B and 45 at the City's landfill site. Proposed Resolution No. 11777 was adopted, becoming Resolution No. 02-149. Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Gillam, Bowers and. Sinegal. Voting No: None. The caption of Resolution No. 02-149 reads as follows: RESOLUTION NO. 02-149 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE CHANGE ORDERS NO. 1, 2, 3, 4, 5 AND 61FINAL TO THE CONTRACT DATED AUGUST 27, 200t BETWEEN THE CITY OF PORT ARTHUR AND ELLIOTT EQUIPMENT & CONSTRUCTION OF GROVES, TEXAS FOR THE CONSTRUCTION OF CELLS 44A, 44B AND 45 AT THE CITY'S LANDFILL SITE, INCREASING THE CONTRACT AMOUNT BY $9,974.35 FROM $898,459 TO A NEW CONTRACT TOTAL OF $908,433.35, AUTHORIZING THE CITY MANAGER TO EXECUTE A CERTIFICATE OF ACCEPTANCE FOR THE WORK AND AUTHORIZING FINAL PAYMENT OF INVOICE NO. 9 IN THE AMOUNT OF $75,041.22 AND INVOICE NO. 101FINAL IN THE AMOUNT OF $45,421.67; FUNDING BEING AVAILABLE IN FY2002 ACCOUNT NO. 301-1601- 691.89-00; ClP 203. B. Ordinances (2) P. O. No. 5260 - An Ordinance Amending The Proposed Sub- Section 114-33 (c) Of The Code Of Ordinances As It Pertains To Emergency Medical Vehicles And An Alternative To The $50,000 Per Year Annual Fee That Is Charged To A Company. (Requested By Mayor Pro Tem Henderson And Councilmember Bowers). The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Bowers and seconded by Mayor Pro Tern Henderson that Proposed Ordinance No. 5260 be adopted. The. motion was made by Mayor Pro Tem Henderson and seconded by Councilmember Bowers that Proposed Ordinance No. 5260 be amended to include the language, "whereby the fee be reduced to $1,250.00 per quarter and response time will be 6 minutes or less". The motion was made by Councilmember Giilam and seconded by Counciimember Sinegal that Proposed Ordinance No. 5260 be tabled. The following roll call vote was taken on the motion to table Proposed Ordinance No. 5260: Councilmember Barker Councilmember Bowers Councilmember Gillam Councilmember Hannah Mayor Pro Tem Henderson Councilmember Sinegal Mayor Ortiz "No" "No" "Yes" "Yes" "No" "Yes" "No" The motion to table Proposed Ordinance No. 5260 failed to carry. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 5260 as amended: Councilmember Barker Councilmember Bowers Councilmember Gillam Councilmember Hannah Mayor Pro Tem Henderson Councilmember Sinegal Mayor Ortiz "Yes" "Yes" "No" "No" "Yes" "No" "Yes" Proposed Ordinance No. 5260 was adopted as amended, becoming Ordinance No. 02-22. The caption of Ordinance No. 02-22 reads as follows: ORDINANCE NO. 02-22 AN ORDINANCE AMENDING THE PROPOSED SUB-SECTION 114-33 (C) OF THE CODE OF ORDINANCES AS IT PERTAINS TO EMERGENCY MEDICAL VEHICLES AND AN ALTERNATIVE TO THE $50,000 PER YEAR ANNUAL FEE THAT IS CHARGED TO A COMPANY. (REQUESTED BY MAYOR PRO TEM HENDERSON AND COUNCILMEMBER BOWERS). IV. PUBLIC HEARINGS - 7:00PM ¢) To Consider Whether Or Not To Issue A Permit To Buckeye Products Pipe Lines, L.P. For An 8" Products (Crude Butadiene) Pipeline Within The Corporate Limits Of The City Of Port Arthur In Orange County And Crossing The Neches River In Jefferson County Before Entering The BASF/Fina Facility. Public Works Director Leslie McMahen appeared before the City Council and stated that the public hearing notice should have read Buckeye Products Pipelines, L.P. instead of Buckeye Gulf Coast Pipe Lines, L.P. The following representatives appeared before the City Council and spoke in favor of the proposed issuance of a pipeline permit: Mike Capello, P.O. Box 3106, Homa, Louisiana 70361 Environmental and Regulatory Manager Morris Hebert Inc. Vance Meischen, 1010 Lamar, Suite 1150, Houston, Texas 77002 Project Manager Buckeye Products Pipe Lines, L.P., Dale Corbello, HC2 Box 106E, Liberty, Texas 77575 Operations Manager Buckeye Pipe Line Mr. Alfred Dominic, 145 W. 15th Street, Pipeline Advisory Committee Chairman appeared before the City Council and presented the following letter: Mayor and City Council City of Port Arthur P.O. Box 1089 Port Arthur, TX 77641 Re: Buckeye Products Pipe Line, L.P. 8" Crude Butadiene Line Gentlemen: The Citizens'' Pipeline Advisory Committee met on Wednesday, May 8, 2002 with representatives of Buckeye Products Pipeline, UP. to discuss the proposed construction of an 8" crude butadiene pipeline in the Orange County/Neches River area of Port Arthur. Buckeye representatives presented information concerning the design and construction of the proposed line that will deliver crude butadiene from Mount Belvieu to the Fina facility in Port Arthur. The line will go around Port Arthur until it enters the city limits in the marsh area of Orange County and crosses the Neches River into the Fina facility north of the dock area. This line is important to the new butadiene unit being built there. The Committee discussed the proposed location, its proximity to some lightly populated areas of the city, the explosive characteristics of crude butadiene, the response time in case of an emergency, and the protective measures that are part of the pipeline construction. In particular, the committee addressed the problem of crude butadiene leaking under the river and was told that shut-off valves would be located on the east side of the Neches River and at the Fina terminus. Other valves are located at strategic intervals along the pipeline route. We feel that all aspects of the proposed construction of the pipeline are in keeping with the reasonable protection of the public. Therefore, we recommend that the City Council act favorably on the permit for the construction of the pipeline when it is presented at the May 28, 2002 council meeting. It has been a pleasure to once again serve in an advisory capacity to the City Council. Yours truly, /s/Alfred Dominic Alfred Dominic Acting Committee Chairman Upon the motion of Councilmember Gillam, seconded by Mayor Pro Tem Henderson, and carried unanimously, the City Council closed the Public Hearing at 7:20 p.m. (2) To Consider Whether Or Not To Issue A Permit To Buckeye Products Pipe Line, L.P. For An 8" Crude Pipeline Located Along The 60th Street And Chevron Pipeline Corridors In The El Vista Area Before Crossing Highway 73 And Leaving The City Limits. Public Works Director Leslie McMahen appeared before the City Council and introduced the above-mentioned public hearing. The following representatives appeared before the City Council and presented background information on the proposed pipeline project: Nathan Parkman, 1010 Lamar, Houston, Texas 77002 Project Manager Buckeye Gulf Coast Pipe Lines, L.P. Gene Madley, 1010 Lamar, Houston, Texas 77002 Contract Land Person for Buckeye Gulf Coast Pipe Lines through the Contract Land Staff Company Mr. Alfred Dominic, 145 W. 15th Street, Citizens Pipeline Advisory Committee Chairman appeared before th.e City Council and presented the following letter: Mayor and City Council City of Port Arthur P.O. Box 1089 Port Arthur, Texas 77641 Re: Buckeye Gulf Coast Pipe Lines, L.P. 8" Hydrogen Line Gentlemen: The Citizens' Pipeline Advisory Committee met on Wednesday, May 8, 2002 with representatives of Buckeye Gulf Coast Pipe Lines, L.P. to discuss the proposed construction of an 8" hydrogen pipeline by Buckeye in the El Vista area. Buckeye representatives presented information concerning the design and construction of the proposed line that will deliver hydrogen to the Premcor facility from an existing pipeline in the GOth Street pipeline corridor and which is currently Carrying hydrogen. This line is an integral part of the Premcor operation. 9 The Committee discussed the proposed location, its proximity to other lines in the corridor and to residences, the explosive characteristics of hydrogen, the response time in case of an emergency, and the protective measures that are part of the pipeline construction that will address safety concerns. The Committee stressed the compliance with the use of concrete-coated pipe within the limits called for in the permit requirements, and requested that Buckeye install additional pipeline markers at intervals not to exceed 600 feet in the proximity of developed areas. Buckeye agreed to do this. We feel that all aspects of the proposed construction of the pipeline are in keeping with the reasonable protection of the public. Therefore, we recommend that the City Council act favorably on the permit for the construction of the pipeline when it is presented at the May 28, 2002 council meeting. It has been a pleasure to once again serve in an advisory capacity to the City Council. Yours truly, Is~ Alfred Dominic Acting Committee Chairman Upon the motion of Councilmember Gillam, seconded by Councilmember Bowers, and carried unanimously, the City Council closed the Public Hearing at 7:38 p.m. (3) To Receive Public Comment As To The Effects In The Community Of The Curfew Ordinance And As To Whether The City Should Continue, Modify Or Abolish The Curfew Ordinance. Police Chief John Tyler appeared before the City Council and explained the requirement by law to review the curfew ordinance every three years. Assistant Police Chief Major Mark Blanton appeared before the City Council and commented on the curfew time constraints established in the ordinance. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the curfew ordinance. There were none. Upon the motion of Mayor Pro Tem Henderson, seconded by Councilmember Bowers, and carried unanimously, the City Council closed the Public Hearing at 7:43 p.m. VII. ITEMS REQUIRING INDIVIDUAL ACTION A. Resolutions (1) P. R. No. 11779 - A Resolution Authorizing The City Manager And The City Attorney To Purchase Lot 9, Block 1, Schmyser 3, That Is Adjacent To West 7th Street And To Execute The Necessary Closing Documents (Account No. 301~1601-591.81- 00; ClP 909). (2) P. R. No. 11780 - A Resolution Authorizing The City Manager And The City Attorney To Acquire A Waiver Of The Rights Of Redemption To Lots 9, 11 & 13, Block 2, Schymser 3. The above-mentioned Resolutions were held until after Executive Session. 10 B. Ordinances (1) P. O. No. 5259 - An Ordinance Amending Section 34-181 And Section 34-182 Of The Code Of Ordinances, Chapter 34 Environment, Article V. Noise Control, As It Pertains To Sound Amplification Systems, Providing A Penalty Of Not To Exceed $2,000 And Providing For Publication. The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Mayor Pro Tem Henderson, seconded by Councilmember Barker, and carried, Proposed Ordinance No. 5259 was adopted, becoming Ordinance No. 02-23. Voting Yes: Mayor Ortiz; Mayor Pro Tern Henderson; Councilmembers Hannah, Barker, Bowers and Sinegal. Voting No: Councilmember Gillam. The caption of Ordinance No. 02-23 reads as follows: ORDINANCE NO. 02-23 AN ORDINANCE AMENDING SECTION 34-181 AND SECTION 34-182 OF THE CODE OF ORDINANCES, CHAPTER 34 ENVIRONMENT, ARTICLE V. NOISE CONTROL, AS IT PERTAINS TO SOUND AMPLIFICATION SYSTEMS, PROVIDING A PENALTY OF NOT TO EXCEED $2,000 AND PROVIDING FOR PUBLICATION. C. *Reports And Recommendations (1) Report On Proposal To Utilize Informal Bidding Procedure For Residential Demolition Packages Community Services Director Lawrence Baker presented the above-mentioned report. (2) Report On TxDOT's Revised Speed Limits Proposal On Highway 69/Memorial Boulevard - Aero Drive To Gulfway Drive. Public Works Direc[or Leslie McMahen presented the above-mentioned report. VIII. REPORTS OF BOARDS & COMMITTEES None IX. *CLOSED MEETING (EXECUTIVE SESSION) Closed Meeting: (1) (2) (3) Section 551.087 Government Code - To Discuss Economic Incentives As It Pertains To Commercial Retail Prospects. Section 551.072 Government Code - To Discuss The Value Of Tracts Adjacent To West 7th Street And In The West End. Section 551.071 Government Code - To Discuss With The City Attorney Procedures To Avoid Litigation Involving The City As It Pertains To The Retention/Employment Of Personnel And Officers To The Economic Development Corporation. ]! (4) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation Against Pro Metal, Greg Cook, Julie Cook, Hatton Fabrication. The City Council recessed their meeting at 8:07 p.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 9:07 p.m. with the following members present: Mayor Ortiz; Mayor Pro Tern Henderson; Councilmembers Hannah, Barker, Gillam, Bowers, Chaisson and Sinegal; City Manager Fitzgibbons; Acting Assistant City Secretary Green and City Attorney Sokolow. Councilmember Chaisson arrived at the City Council Meeting during Executive Session at 8:35 p.m. VII. ITEMS REQUIRING INDIVIDUAL ACTION A. Resolutions (1) P. R. No. 11779 - A Resolution Authorizing The City Manager And The City Attorney To Purchase Lot 9, Block 1, Schmyser 3, That Is Adjacent To West 7th Street And To Execute The Necessary Closing Documents (Account No. 301-1601-591.81-, 00; ClP 909). The Mayor introduced the above-mentioned Proposed Resolution. The City Attorney stated the price will be $7,500.00, the commission will be $450.00 to Mr. Jeff Hayes, the costs will be paid by the city and the liens of the city will be waived. Upon the motion of Councilmember Bowers, seconded by Councilmember Hannah, and carried, Proposed Resolution No. 11779 was adopted, becoming Resolution No. 02- 150. Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Gillam, Chaisson and Sinegal. Voting No: None. The caption of Resolution No. 02-150 reads as follows: RESOLUTION NO. 02-150 'A RESOLUTION AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO PURCHASE LOT 9, BLOCK 1, SCHMYSER 3, THAT IS ADJACENT TO WEST 7TH STREET AND TO EXECUTE THE NECESSARY CLOSING DOCUMENTS (ACCOUNT NO. 301-1601-591.81-00; CIP 909). (2) P. R. No. 11780 - A Resolution Authorizing The City Manager And The City Attorney To Acquire A Waiver Of The Rights Of Redemption To Lots 9, 11 & 13, Block 2, Schymser 3. The Mayor introduced the above-mentioned Proposed Resolution. The City Attorney stated that the purchase prices of Lot 9, Block 2, Schmyser 3 will be $1,250.00; Lot 11, Block 2, Schmyser 3 will be $700.00 and Lot 13, Block 2, Schmyser 3 amount will be $4,500.00. 12 Upon the motion of Mayor Pro Tem Henderson, seconded by Councilmember Bowers, and carried, Proposed Resolution No. 11780 was adopted becoming Resolution No. 02-151. Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Gillam, Bowers, Chaisson and Sinegal. Voting No: None. The caption of Resolution No. 02-151 reads as follows: RESOLUTION NO. 02-151 A RESOLUTION AUTHORIZING 'THE CITY MANAGER AND THE CITY ATTORNEY TO ACQUIRE A WAIVER OF THE RIGHTS OF REDEMPTION TO LOTS 9, '11 & '13, BLOCK 2, SCHYMSER 3. Ms. Ann O'Bannion, representing Cameron Publishing, appeared before the City Council and apologized for the publication of the City of Port Arthur as a part of Beaumont on the cover of their User-Friendly Phone Book and presented information pertaining to their positive affiliation with the City of Port Arthur and the Chamber of Commerce. Mr. Gene Sedatole, 3111 Brian, Groves, Texas, Cameron Publishing Account Executive, appeared before the City Council and presented background information to demonstrate his pro-Port Arthur attitude and offered his regrets regarding the City of Port Arthur appearing on the cover of the telephone book as part of Beaumont. X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Councilmember Gillam: (1) A report on water and sewer taps. (2) A report on the feasibility of adding an Assistant Attorney to the Legal Department's budget that would be funded by shared costs with EDC. (3) A resolution rescinding the Cornerstone Recommendation and hiring an independent auditor to examine all loans and grants allocated by the Economic Development Corporation. (4) A report on grass mowing. Councilmember Henderson: A report on the number of patrol officers on the streets at any given time by shifts. Councilmember Chaisson: A report on gang activity and the programs being implemented for the summer months as prevention measures. Councilmember Sinegal: A report on the vote by the Economic Development Corporation Board on each grant loan/funding. 13 Xl. ADJOURNMENT OF MEETING Upon the motion of Mayor Pro Tern Henderson, seconded by Councilmember Sinegal and carried unanimously, the City Council adjourned their meeting at 9:31 p.m. An audio tape of this meeting is on file in the office of the City Secretary and is made a part of the official minutes of this meeting. MAYOR ATTEST: ACTING CITY SECRETARY END OF REGULAR MEETING HELD May 14, 2002. APPROVED: 14