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HomeMy WebLinkAboutOCTOBER 29, 2002 REGULAR MEETING - October 29, 2002 I. ROLL CALL, INVOCATION & PLEDGE The Cib/Council of the City of Port Arthur met in Regular Session on Tuesday, October 29, 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, Rev. Ronnie Linden, Robert A. Bowers, Rose Chaisson and Michael "Shane' $inegal; City Manager Steve Fitzgibbons; City Secretary Evangeline Green and City Attorney Mark T. Sokolow. The invocation was given by Councilmember Linden followed by the pledge to the flag. II. PROCLAMATIONS & MINUTES The Mayor presented the following Proclamation: November 2, 2002 as "YMCA Day" Minutes - Regular Meeting October :~5, 2002 Upon the motion of Councilmember Bowers, seconded by Mayor Pro Tem Henderson, and carried unanimously, the City Council approved the above-mentioned minutes. III. PETITIONS &COMMUNICATIONS A. Speakers Randy Whitman Regarding Extending Municipal Transit Days And Hours Of Operation Mr. Randy Whitman, 3419 57th Street, Spindletop MHIVlR, appeared before the City Council and discussed expanding city transit hours of operation. (2) 3ulia Samuels Regarding Appreciation For Port Arthur Community Safety - NOT PRESENT (4) Mr. ]ames W. Moore, 7200 Ninth Avenue, Cypress Glen Nursing Home, appeared before the City Council and expressed his appreciation regarding the evacuation of 120 nursing home patients during Hurricane Lili by City of Port Arthur firefighters from Stations #1 and # 8. 3oe Arabie And 3erry Wayne Pillsbury Regarding In Lieu Of Tax Agreements - (CANCELED) B. Correspondence None VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT C. *Reports And Recommendations Report Regarding Section 125 Carrier (3) Chris Moore Regarding An Appreciation To The Fire Department Mr. Kent Batman, District Sales Manager for Colonial Insurar ce, and Mr. Robert Martin, Account Executive for Colonial Insur:~nce, 7936 Goldstar, SL ite D., Lumberton, Texas, appeared before the City Council reg~,-ding the above-mentioned report. (2) Report On Students Tn Government Days Human Resources Assistant Director Dr. Albert Thigpen pres~ ~.ted the above-mentioned report. (3) Report On Port Arthur Weed And Seed Program Transportation Planner Paul Brown presented the above-mentioned report and Planning Director Dale Watson appeared before the City Council to respond to questions regarding funding for the Weed and Seed Program. Councilmember Linden requested placement of the following letter into the record: Steering Committee Members October 18, 2002 Love People, Inc. 501 C/3 Non-Profit 948 Stilwell Blvd. Port Arthur, Texas 77640 Paul Brown, Planning Dept. PA, Texas Duncan Woodford, USAO After attending the Weed & Seed Steering Committee meeting Oct. 17, 2002, P.A., I realized there is a terrible misunderstanding of information to be disseminated and who should know as soon as possible. Committee Chairman and Committees were voted and accepted by the Steering Committee. Therefore, to share the decision-making, the committee chair and members must. be given information to better function according to their expertise. ! am a volunteer with the interest of better problem and solution solving through community efforts. Decisions are never to be made where one person decides (such as Paul) where a collective body of partners have agreed to work as a team toward the Weed & Seed Strategy. The level of individual respect and honesty must be adhered to (by) all. I wish to document my attitude (and) cultural acceptance on this committee to not be just a committee member on the Weed & Seed Strategy but my thoughts are not changed or stripped for others approval. Decision-making to me is a clear acceptance by others of my personal decision-making according to my God given powers. If Weed & Seed is to continue as a honest and above board respect to all--ail committee members must feel just as important in the decision-making. My function in the Port Arthur community as a 501 C/3 non-profit organization exists only for the betterment of the community. Sincerely, /s/Fabiola Small, Founder/President Love People, !nc. (1987) Ha Em Mm Consideration And App,: val Of Awarding Bid For A Vertical Line Shaft Mixed Flor, Pump For The Main Wastewater Treatment Plant To ]er~ ~ y Equipment Company Of Houston, Inc., Of Houston, Texa In The Amount Of $11,775 For The Utility Operations P :~ ~ment (Wastewater Treatment Division). Consideration And AI~ '~val Of Awarding A Bid For Two Self-Priming Sewag~ Pumps To Service Pump & Compressor, Of Beaut. *, :, Texas In The Amount Of $6,700 And Pumps & Equipme ~ Of Texas, Of Houston, Texas In The Amount Of $6,30; For The Utility Operations Department (Wastewater Conveyance And Treatment Division). Consideration And Approva; Of Awarding A Bid For Two Positive Displacement, Progr~ssive Cavity Sludge Pumps To Environmental Improvements Inc., Of Houston, Texas In The Amount Of $7,325.42 For The Utility Operations. Department (Wastewater Treatment Division). Consideration And Approval Of Awarding A Bid For One Vertical Turbine Pump To Pump Solutions, Inc., Of Houston, Texas In The Amount Of $8,85t: For The Utility Operations Department (Wastewater Treatrr.:ent Division). Consideration And Approval Of ~ yarding A Bid For Three Rotary Positive Displacement Blmvers For The Sabine Pass Wastewater Treatment Plant To ACFM THC., Of Conroe, Texas In The Amount Of $6,168 For The Utility OPerations Department (Wastewater Treatment Plant). Consideration And Approval Of Awarding A Bid For One Vertical Non-Clog Sewage Pump To Pumps & Equipment Of Texas, Inc., In The Amount Of $12,750 For The Utility Operations Department (Wastewater Treatment Division). Consideration And Approval Of Payment To The Partnership Of Southeast Texas (POST) For Fiscal 2003 In The Amount Of $12,000. Consideration And Approval Of Payment To Houston Area Library Automated Network In The Amount Of $20,365 For FY 2003 Computer Service Fees For The Port Arthur Public Library. Aooroval Of Expense Account~: Councilmember Robert A. Bowers; Use Of Personal Auto On City Business, September, 2002 $ 41.61 Councilmember Barker: Attend TML Conference In Fort Worth, Texas, October 1S-20, 2002 1,811.49 Councilmember Tom Gillam, III: Use Of Personal Auto For City Business, September - October, 2002 $ 181.77 4 Resolutions - Consent (1) P. R. No. 11882 A Resolution Approving A Lease Agreement Between The City r~f Port Arthur And City Employees Federal Cre~ lit Union. Proposed Resolution No. 11882 was adopted becoming Resolution No. 02-318. (2) P. R. No. 11976 - A Re~, lution Authorizing The City Manager To Execute A Contract ~tween The City Of Port Arthur And Don S. Reichle & Associ: t~s, Inc., For Engineering Services, Not To Exceed $126,700 ,~elated To Rehabilitation Of The Highway 36S And The Tho~?~as Boulevard Elevated Storage Tanks. Account No. 419-16-~2-S31-00, Project No. 419202 And Account No. 427-1626-!;32.S3-00, Project No. 427007. Proposed Resolution No. 11976 was adopte,: oecoming Resolution No. 02-319. (3) P. R. No. 11977 - A Resolution Approving Sewer Adjustments To Certain Utilibl Accounts. Proposed Resolution No. 11977 was adopted besoming Resolution No. 02-320. (4) P. R. No. 11978 - A Resolution Awarding A Contract To Basic lndustries, Znc., Zn The Amount Of $14,874.00, And Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of Three (3) Dangerous Commercial Structures (532-536 Austin Avenue & 538 Austin Avenue) To Be Charged To Account No. 105-1431- 552.59-00, Project No. C28120. Proposed Resolution No. 1978 was adopted becoming Resolution No. 02-321. (5) P.R. No. 11980 - A Resolution Authorizing The City Manager To Execute A Letter Of Agreement ]~n The Amount Of $7,000 Between The City Of Port Arthur, Texas And SCS Engineers Of Bedford, Texas For Engineering And Technical Services For The Preparation Of A Compliance Management Plan For The City's Sanitary Landfill, With Funding Available In FY 2003 Budget Account No. 403-1274-S33.S4-00. Proposed Resolution No. 11980 was adopted becoming Resolution No. 02-322. (6) P. R. No. 11982 - A Resolution Renewing The Contract For Fuel Dispensing And Management Services For Gasoline And Diesel Fuel. Proposed Resolution No. 11982 was adopted becoming Resolution No. 02-323. (7) P. R. No. 11983 - A Resolution Awarding Digital Phone Service For City Council And The City Secretary's Office, Community Service, Fire, Parks And Recreation, Housing, Transit Departments, And The City Manager, And The City Attorney To Nextel Partners Inc. Of Beaumont, Texas For An Estimated Amount Of $23,047.80 For The Current Year. Proposed Resolution No. 11983 was adopted becoming Resolution No. 02-324. (8) P. R. No. 11984 - A Resolution Awarding Digital Phone Service For Health, Public Works, Police, Utility Operations Equipment Services, And Planning Departments To AT&T Wireless Of Beaumont, Texas For An Estimated Amount Of $22,800 For The Current Year. Proposed Resolution No. 11984 was adopted becoming Resolution No. 02-325. (9) P. R. No. 11985 - A Resolution Approving The City Of Port Arthur, Orange County Certified Current And Delinquent Tax Rolls For The 2002 Tax Year. Proposed Resolution No. 11985 was adopted becoming Resolution No. 02-326. (10) P. R. No. 11986 - A Resolution Approving The City Of Port Arthur, 3efferson County Certified Current Tax Roll For The 2002 Tax Year. Proposed Resolution No. 11986 was adopted becoming Resolution No. 02-327. (11) P.R. No. 11988 - A Resolution Authorizing The City Manager To Execute A Contract In The Amount Of $14,000 Between The City Of Port Arthur, Texas And Fitl~ & Shipman, Inc. Of Beaumont, Texas For Construction Phase Engineering Services For The Construction Of The Hike And Bike Trail, With Funding Available In FY 2003 Budget Account No. 303- 1603-591.89-00; CIP 507. Proposed Resolution No. 11988 was adopted becoming Resolution No. 02-328. VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON - CONSENT A. Resolutions (1) P. R. No. 11971 - A Resolution Authorizing A Lease Agreement Of The Premises At Lots Numbered Twenty-One, Twenty-Two, Twenty-Three And Twenty-Four (21, 22, 23 & 24), In Block Number One Hundred Thirty-Three (133) Of The City Of Port Arthur, 3efferson County, Texas Between The City Of Port Arthur And Mardi Gras Of Southeast Texas, Inc. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Mayor Pro Tem Henderson and seconded by Councilmember Bowers that Proposed Resolution No. 11971 be adopted. Mr. ]oseph Richard, Treasurer of Mardi Gras of Southeast Texas, Inc., appeared before the City Council regarding the authorization of a lease agreement at $1.00 per year for a term of twenty years. Councilmember Sinegal left the meeting during the above-mentioned discussion. Upon the motion of Councilmember Gillam, seconded by Councilmember Linden, and carried, Proposed Resolution No. 11971 was tabled for two-weeks. The City Council recessed their meeting at 6:58 p.m. and reconvened at 7:05 p.m. with the following members present: Mayor Ortiz; Mayor Pro Tern Henderson; Councilmembers Hannah, Barker, Gillam, Linden, Bowers, Chaisson and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. IV. PUBLIC HEARINGS - 7:00PM Consideration Of Rezoning The North Side Of 63rd Street From Single Family (SF) To A Light Commercial (LC) District. (Z02-02) Planning Director Dale Watson appeared before the City Council and gave an overview of the proposed changes and how it will impact the area. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the proposed rezoning. No one came forward to speak. Upon the motion of Councilmember Linden, seconded by Councilmember Bowers, and carried unanimously, the City Council closed the Public Hearing at 7:22 p.m. Mr. Eli Roberts, 4015 5th Street, Pressure Control & Measurement Supervisor for Southern Union Gas, was introduced to the City Council as Hr. Greg Powell's replacement. IX. *CLOSED MEETING (EXECUTIVE sEsSION) Closed Meeting: (1) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation Against Coastal Banc And Elite Construction. (2) Section 551.072 Government Code - To Discuss With The City Attorney Pending And Prospective Litigation With The Port Arthur Fire Fighters Association. (3) Section 551.071 Government Code - To Discuss Pending Litigation Of Mr. Mills Against The City And The Economic Development Corporation. (4) Section 551.087 Government Code - To Discuss Incentives For Healthcare And Commercial Business Prospects. (5) Section 551.072 Government Code - To Discuss The Value Of Land Of Port Drum. The City Council recessed their meeting at 7:32 p.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 9:38 p.m. with the following members present: Mayor Ortiz; Mayor Pro Tern Henderson; Councilmember Hannah, Barker, Linden, Bowers, Chaisson and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. Councilmember Gillam returned to the meeting at 9:39 p.m. VII. ITEMS RE(~UIRING INDIVIDUAL ACTION - NON - CONSENT B. Ordinances (1) P. O. No. 5292 - An Ordinance Delineating The Number Of Authorized Civil Service Positions In The Fire Department. 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. 5292 be adopted. Fire Chief Steve Curran appeared before the City Council and spoxe regarding the effect the Proposed Ordinance would have on the number of available fi 'efighters per truck. Proposed Ordinance No. 5292 was adopted becoming Ordinance No. 02-55. Voting Yes: Mayor Ortiz; Hayor Pro Tem Henderson; Councilm~ mbers Hannah, Barker, Gilam, Linden, Bowers, Chaisson and Sinegal. Voting No: None. The caption of Ordinance No. 02-55 reads as follows: ORDINANCE NO. 02-55 AN ORDINANCE DELINEATING THE NUMBER OF AUTHORIZED CIVIL SERVICE POSITIONS IN THE FIRE DEPARTMENT. (2) P. O. No. 5298 - An Ordinance Amending Section 106-:1.21 (One-Way Streets Designated) Chapter 106 (Traffic) Of The Code Of Ordinances Of The City Of Port Arthur, Texas To Establish One-Way Eastbound Designation Of Tremont Street From S. 11th Avenue To S. 13th Avenue In The City Of Port Arthur (Sabine Pass) And The Effective Times For This One-Way Designation To Be Set From 7:30 A.M. To 9:00 A.M. And From 2:30 P.M. To 4:30 P.M.: Providing A Penalty Of Not More Than Five Hundred Dollars For Its Violation: Repealing All Ordinances And Parts Of Ordinances In Conflict Herewith; And Providing For Effective Date Immediately After Publication. The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Bowers, seconded by Mayor Pro Tem Henderson and carried, Proposed Ordinance No. 5298 was adopted becoming Ordinance No. 02-56. Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Gillam, Linden, Bowers, Chaisson and Sinegal. Voting No: None. The caption of Ordinance No. 02-56 reads as follows: ORDINANCE NO. 02-56 An Ordinance Amending Section 106-121 (One-Way Streets Designated) Chapter 106 (Traffic) Of The Code Of Ordinances Of The City Of Port Arthur, Texas To Establish One-Way Eastbound Designation Of Tremont Street From S. 11th Avenue To S. 13th Avenue In The City Of Port Arthur (Sabine Pass) And The Effective Times For This One-Way Designation To Be Set From 7:30 A.M. To 9:00 A.M. And From 2:30 P.M. To 4:30 P.M.: Providing A Penalty Of Not More Than Five Hundred Dollars For Its Violation: Repealing All Ordinances And Parts Of Ordinances In Conflict Herewith; And Providing For Effective Date Immediately After Publication. (3) P.O. No. 5299 - An Ordinance Amending Section 86-83 To The Code Of Ordinances As It Pertains To Commercial Wholesale Refuse Customers. The Cib/Hanager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Bowers, seconded by Mayor Pro Tem Henderson, and carried, Proposed Ordinance No. 5299 was adopted becoming Ordinance No. 02-57. Voting Yes: Mayor Ortiz; Mayor Pro Tern Henderson; Councilmembers Hannah, Barker, Gillam, Linden, Bowers, Chaisson and Sinegal. Voting No: None. The caption of Ordinance No. 02-57 reads as follows: ORDINANCE NO. 02-57 AN ORDINANCE AMENDING SECTION 86-83 TO THE CODE OF ORDINANCES AS ZT PERTAINS TO COMMERCZAL WHOLESALE REFUSE CUSTOMERS. A. Resolutions - Non-Consent (2) P.R. No. 1:[975 - A Resolution Appointing An Advisory Director To The City Of Port Arthur Section 4A Economic Development Corporation. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Mayor Pro Tern Henderson and seconded by Councilmember Hannah that Proposed Resolution No. 11975 be adopted. Councilmember Hannah (District 1), in the Council pool with Councilmembers Gillam (District 4) and Linden (District 5), nominated Mr. Alonzo Edmond an Advisory Director for Position A. Proposed Resolution No. 11975 was adopted becoming Resolution No. 02-329. Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Gillam, Linden, Bowers, Chaisson and Sinegal. Voting No: None. The caption of Resolution No. 02-329 reads as follows: RESOLUTION NO. 02-329 A RESOLUTION APPOINTZNG AN ADV1[SORY DIRECTOR TO THE CITY OF PORT ARTHUR SECTION 4A ECONOMtC DEVELOPMENT CORPORATION. (3) P.R. No. :t1990 - A Resolution Authorizing Agreement With Kansas City Southern Railroad For The Use Of The Port Drum Property For Recreational Purposes. The Mayor introduced the above-mentioned Proposed Resolution. 9 The motion was made by Councilmember Bowers and seconded by Mayor Pro Tern Henderson that Proposed Resolution No. 1!990 be adopted. The motion was made by Councilmember Linden and seconded by Mayor Pro Tem Henderson that Proposed Resolution No. 11990 be amended with the following language: That a toxicology report shall be provided from a qualified, independent and insured professional veri~ing that the proposed usage of the site as a recreational area is consistent with the mitigation performed on the property as well as the local, state and federal regulations. Such report shall be received prior to the City expending any funds on this project and prior to any children playing in this area. Proposed Resolution No, 11990 was adopted as amended becoming Resolution No. 02- 330. Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, B.arker, Gillam; Linden, Bowers, Chaisson and Sinegal. Voting No: None. The caption of Resolution No. 02-330 reads as follows: RESOLUTI'ON NO. 02-330 A RESOLUT1'ON AUTHORt'ZI'NG AGREEMENT WI'TH KANSAS CZTY SOUTHERN RA1*LROAD FOR THE USE OF THE PORT DRUM PROPERTY FOR RECREATI'ONAL PURPOSES. .(4) P. R. No. 11991 - A Resolution Authorizing The Director Of Public Works Or His Designee To Execute A Commercial Refuse Disposal Contract Between The City Of Port Arthur, Texas And Eastex Waste Systems, Inc., Of Beaumont, Texas For The Purpose Of Depositing Refuse At The City's Sanitary Landfill. The Mayor introduced.the above-mentioned Proposed Resolution. Upon the motion of Mayor Pro Tem Henderson, seconded by Councilmember Bowers, and carried, Proposed Resolution No. 1199! was adopted becoming Resolution No. 02- 331. Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Gillam, Linden, Bowers, Chaisson and $inegal. Voting No: None. l0 The caption of Resolution No. 02-331 reads as follows: RESOLUTION NO. 02-331 A RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE TO EXECUTE A COMMERCIAL REFUSE DISPOSAL CONTRACT BETWEEN THE CITY OF PORT ARTHUR, TEXAS AND EASTEX WASTE SYSTEMS~ INC., OF BEAUMONT~ TEXAS FOR THE PURPOSE OF DEPOSITING REFUSE AT THE CITY'S SANITARY LANDFILL. VIII. REPORTS OF BOARDS & COMMI1TEES None X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS · Councilmember Chaisson: Report on Plans to Alleviate Flooding Problems for the Area of 17th, 18th and 19th Streets/Bound by Houston Avenue and Terminal Road Councilmember Linden: O) Within the contents of the above-mentioned report from Councilmember Chaisson: Report on the Five Options Suggested to Alleviate Street Flooding Problems--Including a Timetable, Fast Track, Progressive Approach and an Expense Amount '(2) Report on Upgrading the Format/Graphics of the City of Port Arthur's Government Information Channel Aired by Time Warner Cable Services Councilmember Gillam: (1) Report on Plans to Alleviate Flooding Problems on Beaumont Avenue between Gulfway Drive and 17th Street (2) Report on the Timeframe for Completion of Street Repairs on Roosevelt Street in the El Vista Area and Salisbury Street in the Lakeside Part Area (3) Report on the Remediation or Removal of the Old Sewage Pump House between Terrace/IVlarian Anderson to Eliminate Illegal Dumping in the Area Councilmember Hannah: Report on Scheduling of the Vactor Suction Trucks for the Maintenance of Drainage Pipes XI. AD3OURNMENT OF MEETING Upon the motion of Mayor Pro Tern Henderson, seconded by Councilmember Chaisson and carried unanimously, the City Council adjourned their meeting at. 10:02 p.m. 1!