HomeMy WebLinkAboutNOVEMBER 26, 2002REGULAR MEETTNG - November 26, 2002
[. ROLL CALL, TNVOCATTON & PLEDGE
The City Council of the City of Port Arthur met in Regular Session on Tuesday, November
26, 2002 at 5:30 a.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, Robert A. Bowers, Rose M. Chaisson and Michael "Shane"
Sinegal; City Manager Steve Fitzgibbons; City Secretary Evangeline Green and City
Attorney Mark T. Sokolow.
Councilmember Tom Gillam, III arrived at 5:50 p.m.
The invocation was given by Councilmember Sinegal followed by the pledge to the flag.
11. PROCLAMATTONS & MTNUTES
Minutes - Regular Meeting November 12, 2002
Upon the motion of Councilmember Bowers, seconded by Mayor Pro Tern Henderson,
and carried unanimously, the City Council approved the above-mentioned Minutes.
TTT. PETTTLONS &COMMUNTCATTONS
A. Soeake~
None
B. Correspondence
None
TV. PUBLTC HEARTNGS - 7:00PM
None
V. UNFTNTSHED BUSTNESS
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), Tn Block
Number One Hundred Thirty-Three (133) Of The City Of Port
Arthur, Jefferson County, Texas Between The City Of Port Arthur
And Mardi Gras Of Southeast Texas, Tnc.
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Mayor Pro Tem Henderson, seconded by Councilmember Bowers,
and carried unanimously, Proposed Resolution No. 11971 was removed from the
agenda.
VI. CONSENT AGENDA
Upon the motion of Mayor Pro Tem Henderson, seconded by Councilmember Bowers,
and carried unanimously, the following Consent Agenda items were adopted with the
exception of Proposed Resolutions No. 11979, 12000, 12003, 12007, and ]Item A.:
Consideration And Approval Of Payment For Emergency
Replacement Engine To A 1987 Rex 3-70A Compactor
(Equipment #1061) Tn The Amount Of $12,351.43 To Bill
Baker & Company, THC., Of Houston, Texas For The Public
Works Department (Solid Waste Division).
Consideration And Approval Of Awarding A Bid For The
Purchase Of One Truck-Mounted Sewer 3et Machine To
BuyBoard (Through Lone Star Truck Center) Of Houston,
Texas Tn The Amount Of $61,084 For The Utility Operations
Department (Wastewater Conveyance Division).
Consideration And Approval Of Awarding A Bid For The
Purchase Of One Crew Cab Truck With Utility Body To
Philpott Motors Tn The Amount Of $32,389 For The Utility
Operations Department (Water Distribution Division).
Consideration And Approval Of Awarding A Bid For The
Purchase Of One $/4-Ton Truck With Utility Body To Philpott
Ford Tn The Amount Of $27,489 For The Utility Operations
Department (Wastewater Treatment Division).
Consideration And Approval Of Awarding A Bid For The
Purchase Of One 6-8 Cubic Yard Dump Truck To HGAC
(Through Philpott Motors) Tn The Amount Of $47,232 For
The Utility Operations Department (Wastewater
Conveyance Division).
Consideration And Approval Of Awarding A Bid For The
Purchase Of One Street Sweeper To BuyBoard (Through
Kinloch Equipment & Supply, Tnc.) Of Pasadena, Texas Tn
The Amount Of $132,320 For The Public Works Department
(Drainage Division).
H. Aooroval Of Exnense Account;:
Councilmember Robert A. Bowers:
Use Of Personal Auto On City Business,
October, 2002
$ 38.32
Councilmember Craig Hannah:
Use Of Personal Auto On City Business,
October, 2002
$ 100.00
Councilmember Ronnie Linden:
Attend TML Youth Conference Tn Austin, Texas
November 1, 2002 $ 125.00
City Attorney Mark T. Sokolow:
Use Of Personal Auto On City Business:
October 11 - November 13, 2002
$ 31.76
Resolutions - Consent
(3) P. R. No. 12002 - A Resolution Approving Sewer
Adjustments To Certain Utility Accounts.
Proposed Resolution No. 12002 was adopted becoming Resolution No. 02-340.
(5)
P. R. No. 12004 - A Resolution Authorizing The City Of Port Arthur
To Participate Tn An Tnterlocal Agreement For Cooperative
Purchasing With BuyBoard Cooperative Purchasing Program.
2
Proposed Resolution No. 12004 was adopted becoming Resolution No. 02-341.
(6) P.R. No. 12005 - A Resolution Approving Permit #163 For
Drilling Of An Oil And Gas Well By Samedan Oil Corporation.
Proposed Resolution No. 12005 was adopted becoming Resolution No. 02-342.
(8)
P. R. No. 12008 - A Resolution Awarding And Authorizing
The Execution Of Mowing Contracts Between The City Of
Port Arthur And Sandra's Enterprises, 2951 Highway 365,
Port Arthur, Texas 77640 For Group "TV" Not To Exceed
$11,070.00; Said Annual Contract Ts For Mowing Various
City Properties, Parks And Right-Of-Ways Tn The City;
Estimated Annual Cost $11,070.00. Proposed Funding:
Parks Division FY 2002/2003 Budget Account No. 001-
1207-531.31-00.
Proposed Resolution No. 12008 was adopted becoming Resolution No. 02-343.
(9)
P. R. No. 12009 - A Resolution Awarding And Authorizing
The Execution Of Mowing Contracts Between The City Of
Port Arthur And Tomahawk Lawn Service, 4635 Roosevelt,
Groves, Texas 77619 For Group "VTT" Not To Exceed
$10,926.90; Said Annual Contract Zs For Mowing Various
City Properties, Parks And Right-Of-Ways Tn The City;
Estimated Annual Cost $10,926.90. Proposed Funding:
Parks Division FY 2002/2003 Budget Account No. 001-
1207-531.31-00.
Proposed Resolution No. 12009 was adopted becoming Resolution No. 02-344.
(10) P. R. No. 12012 - A Resolution Authorizing The City
Manager To Apply To TXDOT For Safe Routes To School
Program Funds (Requested By Councilmember Linden).
Proposed Resolution No. 12012 was adopted becoming Resolution No. 02-345.
VTT. TTEMS REOUTRZNG TND[VTDUAL ACTTON - NON-CONSENT
Consideration And Approval For The Purchase Of Eighty-
Four Metal Gymnasium Lockers From The State Of Texas
(Texas Department Of Criminal ~lustice) Tn The Amount Of
$15,009.96 For The Recreation Center.
The Mayor introduced Proposed Item A.
The motion was made by Councilmember Bowers and seconded by Councilmember
Chaisson that Item A be adopted.
Human Resources Director Harvey Robinson appeared before the Council and gave an
overview of the purpose and installation of the gymnasium lockers.
The motion to approve Item A carried unanimously.
Consent-Resolutions
(1)
P. R. No. 11979 - A Resolution Awarding A Contract For
Asbestos Abatement Consultation Services. Account No.
105-1431-552.59-00, Project No. C28120.
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. 11979 be adopted.
Community Services Director Lawrence Baker appeared before the City Council and
answered inquiries regarding the proposed asbestos abatement.
Proposed Resolution No. 11979 was adopted becoming Resolution No. 02-346.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker,
Bowers, Chaisson and Sinegal.
Voting No: None,
The caption of Resolution No. 02-346 reads as follows:
RESOLUTI'ON NO. 02-346
A RESOLUT1'ON AWARDtNG A CONTRACT FOR
ASBESTOS ABATEMENT CONSULTATTON
SERVZCES. ACCOUNT NO. 105-1431-552.59-00,
PRO3ECT NO. C28120.
(2)
P. R. No. 12000 - A Resolution Authorizing Funds Zn The
Estimated Annual Amount Of $120,000 For The Texas
Commission On Environmental Quality Formerly Texas
Natural Resource Conservation Commission (TNRCC)
Annual Fees Paid Tn Quarterly Installments Of $30,000 Each
For The Waste Disposed Of At The City Of Port Arthur
Landfill Facility, Permit No. 1815, And Authorize The
Director Of Public Works To Make Said Quarterly Payments
To Texas Commission On Environmental Quality; Account
No. 403-1274-533.59-01.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Mayor Pro Tern Henderson and seconded by Councilmember
Bowers that Proposed Resolution No. 12000 be adopted.
City Manager Steve FJtzgibbons addressed inquiries regarding the above-described
Proposed Resolution.
Proposed Resolution No. 12000 was adopted becoming Resolution No. 02-347.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker,
Gillam, Bowers, Chaisson and Sinegal.
Voting No: None.
The caption of Resolution No. 02-347 reads as follows:
RESOLUTION NO. 02-347
A RESOLUTION AUTHORIZING FUNDS IN THE
ESTZMATED ANNUAL AMOUNT OF $120,000 FOR
THE TEXAS COMMt'SSt'ON ON ENVt'RONMENTAL
QUALTTY FORMERLY TEXAS NATURAL
RESOURCE CONSERVATZON COMMISSION
(TNRCC) ANNUAL FEES PAID IN QUARTERLY
4
INSTALLMENTS OF $30,000 EACH FOR THE
WASTE DXSPOSED OF AT THE CITY OF PORT
ARTHUR LANDFILL FACILITY, PERMIT NO.
1815, AND AUTHORIZE THE DIRECTOR OF
PUBLXC WORKS TO MAKE SAID (~UARTERLY
PAYMENTS TO TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY; ACCOUNT NO. 403-
1274-533.59-01.
(4)
P. R. No. 12003 - A Resolution Authorizing Funds And
Approving Payment In The Amount Of $74,695 For The
TCEQ Annual Water Quality Assessment Fees And
Wastewater Inspection Fees For All Four (4) Wastewater
Treatment Facilities In The City Of Port Arthur. Account No.
410-:1.256-532.54-00.
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. 12003 be adopted.
City Manager Steve Fitzgibbons presented an overview and responded to questions
regarding the Proposed Resolution.
Proposed Resolution No. 12003 was adopted becoming Resolution No. 02-348.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker,
Gillam, Bowers, Chaisson and Sinegal.
Voting No: None.
The caption of Resolution No. 02-348 reads as follows:
RESOLUTION NO. 02-348
A RESOLUTION AUTHORIZING FUNDS AND
APPROVING PAYMENT IN THE AMOUNT OF
$74,695 FOR THE TCE(~ ANNUAL WATER
(~UALITY ASSESSMENT FEES AND WASTEWATER
INSPECTION FEES FOR ALL FOUR (4)
WASTEWATER TREATMENT FACILITIES IN THE
CITY OF PORT ARTHUR. ACCOUNT NO. 410-
1256-532.54-00.
(7)
P. R. No. 12007 - A Resolution Awarding And Authorizing
The Execution Of Mowing Contracts Between The City Of
Port Arthur And Perfect Cut Lawn Care, Beaumont, TX
77705 Groups "I, III, V And VI" Not To Exceed $28,000.00;
Said Annual Contract Is For Mowing Various City Properties,
Parks And Right-Of-Ways In The City; Estimated Annual
Cost $28,000.00. Proposed Funding: Parks Division FY
2002/2003 Budget Account No. 001-1207-531.31-00.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Mayor Pro Tern Henderson and seconded by Councilmember
Bowers that Proposed Resolution 12007 be adopted.
Human Resources Director Harvey Robinson appeared before the City Council and
recommended that Proposed Resolution No. 12007 be tabled 2-weeks for further review.
Upon the motion of Mayor Pro Tern Henderson, seconded by Councilmember Bowers,
and carried unanimously, Proposed Resolution No. :[2007 was tabled.
A. Resolutions
P. R. No. 11999 - A Resolution Appointing An Alternate
Member To The Construction Board Of Adjustments And
Appeals.
The Mayor introduced the above-mentioned Resolution.
The motion was made by Councilmember Sinegal and seconded by Councilmember
Bowers that Proposed Resolution 1:[999 be adopted.
Councilmember Sinegal nominated Stephen Joseph Gary, :[526 East Nineteenth Street,
as an alternate to the Construction Board of Adjustments and Appeals.
Proposed Resolution No. :[1999 was adopted becoming Resolution No. 02-349.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker,
Gillam, Bowers, Chaisson and Sinegal.
Voting No: None.
The caption of Resolution No. 02-349 reads as follows:
RESOLUT1~ON NO. 02-349
A RESOLUTION APPOINTING AN ALTERNATE
MEMBER TO THE CONSTRUCTION BOARD OF
ADJUSTMENTS AND APPEALS.
(2)
P. R. No. 12001 - A Resolution Appointing Members To The
Newly Created Port Arthur Youth Council.
The Mayor introduced the above-mentioned Resolution.
The motion was made by Mayor Pro Tem Henderson and seconded by Councilmember
Barker that Proposed Resolution No. :[200:[ be adopted.
Councilmember Hannah nominated Nigel Porter and Ellington Ambroise for a position on
the Port Arthur Youth Council.
Councilmember Barker nominated Una Gilbert and Angela Guiterrez for a position on the
Port Arthur Youth Council.
Proposed Resolution No. :[2001 was adopted becoming Resolution No. 02-350.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker,
Gillam, Bowers, Chaisson and Sinegal.
Voting No: None.
The caption of Resolution No. 02-350 reads as follows:
RESOLUTtON NO. 02-350
A RESOLUTtON APPOZNT1~NG HEMBERS TO THE
NEWLY CREATED PORT ARTHUR YOUTH
COUNCtL.
B. Ordinances
(1) P. O. No. 5302 - An Ordinance Acting On The
Requested Rate tncrease Of Southern Union Gas.
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. 5302 be adopted.
Southern Union Gas Pressure Control/Measurements Supervisor Eli Roberts, 4015 Fifth
Street, appeared before the City Council and gave a slide presentation regarding the
proposed rate increase.
Southern Union Gas Representative, Ms. Stacey McTaggart, 1301 South Mopac, Austin,
Texas, appeared before the City Council and made comments regarding the timeline of
the proposed rate increase.
Proposed Ordinance No. 5302 was adopted becoming Ordinance No. 02-60.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker,
Gillam, Bowers, Chaisson and Sinegal.
Voting No: None.
The caption of Ordinance No. 02-60 reads as follows:
ORDtNANCE NO. 02-60
AN ORDtNANCE ACT1~NG ON THE REQUESTED
RATE ZNCREASE OF SOUTHERN UNtON GAS.
(2)
P. O. No. 5303 An Ordinance Amending The Zoning
Ordinance Of The City Of Port Arthur By Changing The
Zoning On The Southwest Corner Of Lot 9, Block 4, Port
Acres, Port Arthur, 3efferson County, Texas From Single
Family Residential To Neighborhood Service (Violation Of
This Ordinance Or The Zoning Ordinance Of The City Of Port
Arthur ts Punishable As Provided tn Section 1-13 Of The
Code Of Ordinances As Amended By Fine Not Exceeding Two
Thousand [$2,000.00] Dollars); And Providing For
Publication In The Official Newspaper Of The City Of Port
Arthur And Effective tmmediately After Publication Date.
(Z02-02 GARCEE)
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. 5303 was adopted becoming Ordinance No. 02-61.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker,
Gillam, Bowers, Chaisson and Sinegal.
Voting No: None.
The caption of Ordinance No. 02-61 reads as follows:
ORDTNANCE NO. 02-61
AN ORDtNANCE AMENDtNG THE ZONTNG
ORDI~NANCE OF THE CtTY OF PORT ARTHUR BY
CHANG1~NG THE ZONTNG ON THE SOUTHWEST
CORNER OF LOT 9, BLOCK 4, PORT ACRES,
PORT ARTHUR, 3EFFERSON COUNTY, TEXAS
FROM StNGLE FAMILY RESTDENTTAL TO
NEZGHBORHOOD SERV1~CE (V1~OLATTON OF THtS
ORDTNANCE OR THE ZONTNG ORD1~NANCE OF
THE CtTY OF PORT ARTHUR tS PUNtSHABLE AS
PROVtDED tN SECTtON 1-13 OF THE CODE OF
ORDZNANCES AS AMENDED BY FtNE NOT
EXCEEDtNG TWO THOUSAND [$2,000.00]
DOLLARS); AND PROVtDtNG FOR PUBLZCATtON
tN THE OFFIICTAL NEWSPAPER OF THE CTTY OF
PORT ARTHUR AND EFFECTtVE tMMEDtATELY
AFTER PUBLtCATtON DATE. (Z02-02 GARCEE)
C. *Reoorts And Recommendations
(1) Report On November 1, 2002 Youth Conference Tn Austin,
Texas (Requested By Councilmember Linden)
The above-mentioned report was held.
(2)
Report On Upgrading The Format/Graphics Of The City Of
Port Arthur's Government tnformation Channel (Requested
By Councilmember Linden)
The above-mentioned report was held.
(3)
R~e~hPOrt On Alleviating Flooding Problems Tn The City: West
19 Street; 3oe Louis/Kansas Avenue; Beaumont Avenue ~
:t7m Street (Requested By Councilmembers Chaisson,
Linden & Gillam)
Public Works Director Leslie McMahen presented the above-mentioned report.
(4)
Report On The Timeframe For Completion Of Street Repairs
On Roosevelt Street tn The El Vista Area And Salisbury
Street tn The Lakeside Park Area (Requested By
Councilmember Gillam)
Public Works Director Leslie McMahen presented the above-mentioned report.
(5) Report On The Remediation Or Removal Of The Old Sewage
Pump House Between Terrace/Marian Anderson To
Eliminate tllegal Dumping tn The Area (Requested By
Councilmember Gillam)
Utilities Operations Director Dan Shepherd presented the above-mentioned report.
(6) Report On 27th Year CDBG/28m Year CDBG/FY 2002 Street
Programs
Public Works Director Leslie McMahen presented the above-mentioned report.
VIII. REPORTS OF BOARDS & COMMITTEES
None
IX. *CLOSED f4EETING (EXECUTIVE SESSION)
Closed f4eetinq:
(:1.) Section 55~..07! Government Code - To Discuss With The
City Attorney The Prospective Litigation As It Pertains To
Southern Union Gas.
(2) Section 55;L071 Government Code - To Discuss With The
City Attorney Prospective Litigation As It Pertains To
Section :~25 Cafeteria Plan And The Grievance Of The Police
Association.
(3) Section 551.071 Government Code - To Discuss With The
City Attorney And Carl Parker The Pending Litigation Of The
F. D. Shay Contractor, Inc., Vs. City Of Port Arthur And Bla~k
& Veatch.
(4) Section 551.07~ Government Code - To Discuss With The
City Attorney The Pending Litigation Of City Of Port Arthur
Vs. Enterqy.
(5) Section 55:L07:t Government Code - To Discuss With The
City Attorney The Pending Litigation Of City Of Port Arthur
Vs. Coastal Banc And Elite Construction Servi¢~,
(6) Section 55;L07! Government Code - To Discuss With The
City Attorney The Pending Condemnation Litigation
Pertaining To The Lots Owned By f4r. Comeaux, f4s.
Singleton And f4s. Graham On The Westside.
(7) Section 551.072 Government Code - To Discuss The Value
Of Land On The Westside.
(8) Section 551.087 Government Code - To Discuss Incentives
For Healthcare And Commercial Business Prospects.
(9) Section 551.07~ Government Code - To Discuss With The
City Attorney Prospective Litigation As It Pertains To
Amstar.
(:~0) Section 55:~.072 Government Code - To Discuss The Value
Of Lots 2;t, 22, 23 And 24 Of Block :t33 Of The City Of Port
Arthur.
The City Council recessed their meeting at 7:10 p.m. to meet in Executive Session to
consider the above-mentioned topics, and reconvened their meeting at 8:10 p.m. with
the following members present: Mayor Ortiz; IVlayor Pro Tern Henderson;
Councilmembers Hannah, Barker, Bowers, Chaisson and Sinegal; City Manager
Fitzgibbons; City Secretary Green and City Attorney Sokolow.
After the City Council reconvened in Open Session, Councilmember Bowers made a
motion and Mayor Pro Tem Henderson seconded the motion, to accept Attorney Carl A.
Parker's November 15, 2002 letter, recommending the City to enter into an agreement
with F. D. Shay Contractor, Inc./Black & Veatch, L.L.P.
The motion carried unanimously.
X. FUTURE AGENDA ITEHS OR REQUESTED REPORTS
Mayor Pro Tem Henderson:
Report regarding the number of police calls in the Super Walmart area along
Highway 69 and a discussion item concerning police department staffing.
IX. AD3OURNI~ENT OF I~EETING
Upon the motion of Mayor Pro Tern Henderson, seconded by Councilmember Bowers
and carried unanimously, the City Council adjourned their meeting at 8:13 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
A~E~:
CITY SECRETARY
END OF REGULAR MEE'i-~NG HELD November 26, 2002 APPROVED:
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