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HomeMy WebLinkAbout04/22/08 REGULAR MEETINGREGULAR MEETING -April 22, 2008 I. INVOCATION, PLEDGE & ROLL CAILL Councilman Williamson gave the invocation followed with the pledge to the flag. The City Council of the City of Port Arthur mE~t in Regular Session on Tuesday, April 2;?, 2008 at 8:35 a.m. in the City Council Chamber, City Hall, with the following nnembers present: Mayor Deloris "Bobbie" Prince; Mayor Pro Tem Michael "Shane" Sinegal; Councilmembers Jack Chatman, Jr., Cal Jories, Thomas J. "Tom" Henderson, Martin Flood, John Beard, Jr., Robert °Bob" Williamson and Willie "Bae" Lewis; City Manager Steve Fitzgibbons; Acting Assistant City Seca°tary Sherri Bellard; City Attorney Mark "f. Sokolow and Sergeant At Arms Police Chief Mark Blanton. II. PROCLAMATIONS & MINUTES (1) Month of May, 2008 - ~~Mo~torcycle Safety And Awareness Month" Mr, David Dyes, no address given, appeared before the Council to receive the abovE~- mentioned proclamation. III. PETITIONS & COMMUNICATIONS A. Speakers (1) Michael Collins Regarding Travel Brochure Created By The St. Catherine School 2"d Grade Class Mr. Michael Collins, 3840 Woodrow Drive, appeared before the City Council to present the St. Catherine's Second Grade Class and the City of Port Arthur Travel Brochure they created. Mrs. Christi Guilbeaux, 3840 Woodrow Drive, the Second Grade Teacher appeared before the City Council along with the followiing St. Catherine students who introduced themselves: Deion Bell David DeBricos Collin Guilbeaux Adrian Santillan Zion Parker Brandon Tran Reanne Panelo Myra Truong Briana Montijo Dominique Marcel Casey Crenshaw Reece Reid Richard Newcost Marya Bowden Amy Landry Dallin Broussard The St. Catherine's Second Grade Class Travel Brochure is attached as Exhibit "A" (2) Evelyn Marshall Regarding T'he City's Health Coverage Ms. Evelyn Marshall, 2939 12th Street, appeared before the City Council to discuss the City's Health Coverage as it pertains to weighs: loss surgery. (3) Pete De Le Cruz Regarding 91-1-1 Equipment Installation Mr. Pete De Le Cruz, 2716 Nashville Ave., Nederland, Texas appeared before the City Council to discuss the installation status of the new 9-1-1 Equipment. B. Presentations Presentation By Police Chief Mark Blanton Regarding Crime Statistics Port Arthur Police Chief Mark Blanton appeared before the City Council and gave the above-mentioned presentation. The Crime Statistics Report is attached as Exhibit "B". The City Council recessed their meeting at 10:15 a.m. and reconvened their meeting at 10:25 a.m. with the following members present: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson, Flood, Beard, Williamson and Le~nris; City Manager Fitzgibbons; Acting Assistant City Secretary Bellard; City Attorney Sokolow and Sergeant At Arms Chief Blanton. C. Correspondence -None. VII. ITEMS REQUIRING INDIVIDUAL ACTION (2) P. R. No. 14663 - A Resolution Authorizing The Execution Of Pipeline Permits 08-01 And 08-02 From The City Of Port Arthur To HSC Pipeline Partnership, L.L.C. For The Installation Of Two (2) Product Lines And The Execution Of Pipeline Permits 08-03 Through 08-10 From The City Of Port Arthur To TE Products. Pipeline Company, L.L.C. For The Installation Of Eight I(8) Product Lines Within The Corporate Limits Of The City Of Port Arthur, Beginning Near The Northerly City Limits Located On The West Side Of West Port Arthur Road (Spur 93) Just South Of The BASF Plant Extending To The Southeast For A Distance Of 55,989 Feet, Terminating Within The Motiva Refinery Adjacent To Highway 82 The Mayor introduced the above-mentioned Proposed Resolution. Councilmember Flood recused himself from the above-mentioned item and filed .a conflict of interest affidavit with the Acting Assistant City Secretary. The motion was made by Councilmember Lewis and seconded by Councilmember Williamson that Proposed Resolution No. 14663 be adopted. Assistant Public Works Director and City Engineer Ross Blackketter appeared before the City Council to address inquiries regarding the proposed pipeline routes. The motion was made by Councilmember Lewis and seconded by Councilmember Williamson that Proposed Resolution No. 14Ei63 be amended to include the following language as set forth by the City Attorney: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: That, the permits are subject to the lines being placed in the existing pipeline corridor in the Breaux property and on the boundary lines between the Breaux property and the adjacent landowner; and, That, the permits are subject to the lines being placed following property lines on the tract adjacent to the water tower; and, City Council Minutes -Regular Meeting April 22, 2008 2 That, HSC Pipeline Partnership, L.L.C. and TE Products Pipeline Company, L.L.C. shall meet with the residents of Montrose, EI Vista, And Vista Villagie within thirty (30) days of the passage of this Resolution; and The motion to amend Proposed Resolution No. 14663 carried. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 14663 as amended: Councilmember Beard "Yes" Councilmember Chatman "Yes" Councilmember Henderson "Yes" Councilmember Tones "Yes" Councilmember Lewis "Yes" Councilmember Williamson "Yes" Mayor Pro Tem Sinegal "Yes" Mayor Prince "Yes" The caption of Resolution No. 08-155 reads as follows: RESOLUTION NO. 08-155 A RESOLUTION AUTHORIZING THE EXECUTION OF PIPELINE PERMITS 08-01 AND 08-02 FROM THE CITY OF PORT ARTHUR TO HSC PIPELINE PARTNERSHIP, L.L.C. FOR THE INSTALLATION OF TWO (2) PROCIUCT LINES AND THE EXECUTION OF PIPELINE PERMITS 08-03 THROUGH 08-10 FROM THE CITY OF PORT ARTHUR TO TE PRODUCTS PIPELINE COMPANY, L.L.C. FOR: THE INSTALLATION OF EIGHT (8) PRODUCT LINES WITHIN THE CORPORATE LIMITS OF THE CITY OF PORT ARTHUR, BEGINNING NEAR THE NORTHERLY CITY LIMITS LOCATE[) ON THE WEST SIDE OF WEST PORT ARTHUR ROAD (SPUR 93) JUST SOUTH OF THE BASF PLANT EXTENDING TO THE SOUTHEAST FOR A DISTANCE OF 55,989 FEET, TERMINATING WITHIN THE MOTIVA REFINERY ADJACENT TO HIGHWAY 82 IV. PUBLIC HEARINGS -None. V. UNFINISHED BUSINESS -None. VI. CONSENT AGENDA Upon the motion of Councilmember Williamson, seconded by Councilmember C;hatman and carried, the following Consent Agenda ii:ems were adopted with the exception of Proposed Resolutions No. 14668, 14671, 14680, 14682, 14690 and 14695: (i) P. R. No. 14647 - A Resolution As It Pertains To Part II Of The Spring Youth Empowernnent Workshop (May 14, 2008) To Be Facilitated By Jaime Escalante (Account No. 132,- 1021-514.56-00, Project No„ SSBG02) Proposed Resolution No. 14647 was adopted becoming Resolution No. 08-156. (2) P. R. No. 14650 - A Resolution Authorizing The Assignment Of A Professional Services Contract To LT Systems, Inc. For Site Support Services For The City Of Port Arthur's Mainframe (A/S 400) Computer Systems City Council Minutes -Regular Meeting April 22, 2008 3 Proposed Resolution No. 14650 was adopted becoming Resolution No. 08-157. (5) P. R. No. 14672 - A Resoliution Awarding A Contract T'o Inland Environments, Ltd.:In The Amount Of $29,400.01), And Authorizing The Execution Of A Contract For The Asbestos Abatement And DE:molition Of Five (5) Dangerouis Commercial Buildings Located Throughout The City; To Be Charged To Account No. 3CI3-1603-591.59-00, Project No. CIP614 (EDC Funds) Proposed Resolution No. 14672 was adopted becoming Resolution No.08-158. (6) P. R. No. 14678 - A Resolution Authorizing Project Amendment No. 1 To The Texas Parks And Wildlii~e Department Outdoor Grant In The Amount Of $400,000.00 Authorized By Resolution No. 08-106 Proposed Resolution No. 14678 was adopted becoming Resolution No. 08-159. (7) P. R. No. 14679 - A Resolution Authorizing Project Amendment No. 1 To The Texas Parks And Wildlii'e Department Indoor Grant In The Amount Of $417,563.00 Authorized By Resolution No. 08-105 Proposed Resolution No. 14679 was adopted becoming Resolution No. 08-160. (10) P. R. No. 14688 - A Resolution Rescinding Resolution No. 07-478 In Its Entirety And Accept A Water Utility Easement From The Port Arthur Independent School District For The Construction, Installation, Laying, And Maintenance Of Water Utilities In The City 0'f Port Arthur Proposed Resolution No. 14688 was adopted becoming Resolution No. 08-161. (11) P. R. No. 14689 - A Resolution Authorizing Dohn LaBiche, AIA To Proceed With SETE'X Construction Corporation T'o Provide Consultation Services On Behalf Of The City Of Port Arthur's Second Floor Renovation Project For The Health Department For An Amount Not To Exceed $4,280 Proposed Resolution No. 14689 was adopted becoming Resolution No. 08-162. (13) P. R. No. 14692 - A Resolution Rescinding Resolution No. 08-102 And Authorizing The City Manager To Enter Into A new Agreement Between Ttre City Of Port Arthur And AT&.T Business Communications ;Services For A New Telephone System For The 2nd Floor O~F The Health Department In The Amount Of $10,259.63 Proposed Resolution No. 14692 was adopted becoming Resolution No. 08-163. (14) P. R. No. 14694 - A Resolution Accepting A Utility Easement From Deborah Freeman For' The Construction, Installation, Laying, And Maintaining Ot~ Public Utilities In The City Of Port Arthur Proposed Resolution No. 14694 was adopted becoming Resolution No. 08-164. (16) P. R. No. 14697 - A Resolutiion As It Pertains To The Spring Youth Empowerment Workshop Breakout Sessions To Be Facilitated By Lynette Elizar~de Robinson (Account No. 13:1- 1021-514.56-00, Project Noy. SSBG02) City Council Minutes -Regular Meeting April 22, 2008 4 Proposed Resolution No. 14697 was adopted becoming Resolution No. 08-165. VII. ITEMS REQUIRING INDIVIDUAL ACTION Consent -Resolutions (3) P. R. No. 14668 - A Resolution Accepting The Automatic Increase In Access Line Rates As Calculated By Public Utility Commission, As It Pertains To The Amount C1f Revenues The City Will Receive And As It Pertains To Thelir Allocation Of Rates For Residential, Non-Residential And Point To Point Customers The Mayor introduced the above-mentioned F~roposed Resolution. Upon the motion of Councilmember Henderson, seconded by Councilmember (:hatman and carried, Proposed Resolution No. 14668 was adopted becoming Resolution No. 08- 166. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatmar~, Jones, Flood, Beard, Williamson and Lewis. Voting No: Councilmember Henderson. The caption of Resolution No. 08-166 reads as follows: RESOLUTION NO. 08-166 A RESOLUTION ACCEPTING THE AUTOMATIC INCREASE IN ACCESS LINE RATES AS CALCULATED BY PUBLIC UTILITY COMMISSION, AS ][T PERTAINS TO THE AMOUNT OF REVENUES THE CITY WILL RECEIVE AND AS I'T PERTAINS TO THEIR ALLOCATION OF RATES FOR RESIDENTIAL, NON-RESIDENTIAL AND POINT TO POINT CUSTOMERS (4) P. R. No. 14671 - A Resolution Approving The Demolition And Clearance Of Ninety-Seven (97) Residential Properties That Were Damaged As A Result Of Hurricane Rita. The Texas Department Of Housing And Community Affairs Will Allocate Funding For The Activities. Account Number Is TDHCA 106-1425-571-59-00; Project Number RITA 01 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember HE~nderson and seconded by CouncilmembE~r Jones that Proposed Resolution No. 14671 be adopted. Planning/Grants Director Dale Watson appeared before the City Council to give a~n overview of the grant funding process for the above-mentioned demolition projE~cts. Proposed Resolution No. 14671 was adopted becoming Resolution No. 08-167. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatmari, Jones, Henderson, Flood, Beard, Williamson and Lewis. Voting No: None. The caption of Resolution No. 08-167 reads as follows: City Council Minutes -Regular Meeting April 22, 2008 5 RESOLUTION NO. 08-167 A RESOLUTION APPROVING THE DEMOLITION AND CLEARANCE QIF NINETY-SEVEN (97) RESIDENTIAL PROPERTIES THAT WERE DAMAGED AS A RESULT OF HURRICANE RITA. THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS WILL ALLOCATE FUNDING FOR THE ACTIVITIES. ACCOUNT NUMBER IS TDHC~A 106-1425-571-59-00; PRO]ECT NUMBER RITA O1 (8) P. R. No. 14680 - A Resolution Authorizing The City Manager To Accept A Reimbursement In The Amount Of $36,156.83 From The Texas, Department Of Transportation For The Thomas Boulevard Hike & Bike Trail Project And Closing The Project The Mayor introduced the above-mentioned F~roposed Resolution. Upon the motion of Councilmember Chatman, seconded by Councilmember Henderson and carried, Proposed Resolution No. 14680 'was adopted becoming Resolution No. 08- 168. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson, Flood, Beard, Williamson and Lewis. Voting No: None. The caption of Resolution No. 08-168 reads a:s follows: RESOLUTION NO. 08-168 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A REIMBURSEMENT IN THE AMOUNT OF $36,156.83 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE THOMAS BOULEVARD HIKE & BIKE TRAIL PRO]ECT AND CLOSING THE PRO]ECT (9) P. R. No. 14682 - A Resolution Authorizing The Public Works Department And Purchasing Division To Advertise For Bids To Reconstruct 90th Street To A Concrete, Open Ditch Roadway The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Chatman that Proposed Resolution No. 14682 be adopted. Assistant Public Works Director and City Engiineer Ross Blackketter appeared before the City Council to address inquiries regarding the proposed 90th Street reconstruction project. Mr. Raymond Hill, 90th Street, appeared before the City Council to discuss thE~ abovE~- mentioned proposed reconstruction project. Proposed Resolution No. 14682 was adopted becoming Resolution No. 08-169. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson, Flood, Beard, Williamson and Lewis. City Council Minutes -Regular Meeting April 22, 2008 Voting No: None. The caption of Resolution No. 08-169 reads a;s follows: RESOLUTION NO. 08-169 A RESOLUTION AUTHORIZING THE PUBLIC WORKS DEPARTMENT AND PURCHASING DIVISION TO ADVERTISE FOR BIDS TO RECONSTRUCT 90TH ;STREET TO A CONCRETE, OPEN DITCH ROADWAY (12) P. R. No. 14690 - A Resolution Authorizing The City Manager To Execute Contract Amendment No. 4 With The South East Texas Regional Planning Commission (SETRPC.) For The Social Services Block Grant In The Amount Of $2,964,016 The Mayor introduced the above-mentioned Proposed Resolution. Councilmember Williamson left the meeting. The motion was made by Councilmember Beard and seconded by Councilmmember Chatman that Proposed Resolution No. 14690 be adopted. Finance Director Rebecca Underhill appeared before the City Council to address inquiries regarding the above-mentioned contract amendment. Proposed Resolution No. 14690 was adopted becoming Resolution No. 08-170. Voting Yes: Mayor Prince; Mayor Pro Tem ~~inegal; Councilmembers Chatman, Jones, Henderson, Flood, Beard and Lewis. Voting No: None. The caption of Resolution No. 08-170 reads as follows: RESOLUTION NO. 08-170 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 4 WITH THE SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION (SETRPC) FOR THE SOCIAL SERVICES BLOCK GRANT IN THE AMOUNT OF $2,964,016 (15) P. R. No. 14695 - Nominating The Medical Center Of Southeast Texas, L.P. To The Office Of The Governor, Economic Development And Tourism ("OOGEDT") Through The Economic Development Bank ("Bank") For Designation As A Qualified Business Andl Enterprise Project ("Project") Under The Texas Enterprise Zone Program Under The Texas Enterprise Zone Act, Chapter 2303, Texas Government Code ("Act") The Mayor introduced the above-mentioned Proposed Resolution. Councilmember Williamson returned to the meeting. The motion was made by Councilmember Beard and seconded by Councilimembe:r Chatman that Proposed Resolution No. 14695 be adopted. City Council Minutes -Regular Meeting April 22, 2008 7 Planning/Grants Director Dale Watson appeared before the City Council to address inquiries regarding the above-mentioned nomination of the Medical Center of Southeast Texas as a Qualified Business and Enterprise Project. Mr. Mike Landry, 255 Jimmy Johnson Blvci., and Mr. Adam Klantz, 100 C:ongres~s Avenue, Suite 1900, Austin, Texas appeared Ibefore the City Council to answer inquiries regarding the proposed Texas Enterprise Zone Program. Proposed Resolution No. 14695 was adopted Ibecoming Resolution No. 08-171. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson, Beard, Williamson aind Lewis. Voting No: Councilmember Flood. The caption of Resolution No. 08-171 reads as follows: RESOLUTION NO. 08-171 NOMINATING THE MEDICAL CENTER OF SOUTHEAST TEXAS, L.IP. TO THE OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM ("OOGEDT") THROUGH THE ECONOMIC DEVELOPMENT BANK ("BANK") FOR DESIGNATION A5. A QUALIFIED BUSINESS AND ENTERPRISE PROJECT ("PROJECT") UNDER THE TEXAS ENTERPRISE ZONE PROGRAM UNDER THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE ("ACT") A. Resolutions (10) P.R. No. 14684 - A Resollution Approving The Sale Of Approximately 5.0 Acres Of (Land In The City Of Port Arthur Section 4A Economic Development Corporation Business Park To Lockwood Holdings, Inc. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Flood and seconded by Councilmember Henderson that Proposed Resolution No. 14684 be adopted. Mr. Perry Henderson, 780 Pinecrest, Vidor, Texas appeared before the City Council introduce his company, their services and projected goals for the proposed EDC Business Park location. Councilmember Williamson left the meeting. Proposed Resolution No. 14684 was adopted becoming Resolution No. 08-172. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson, Flood, Beard and Lewis. Voting No: None. The caption of Resolution No. 08-172 reads as follows: RESOLUTION NO. 08-172 A RESOLUTION APPROVING THE SALE OF APPROXIMATELY 5.0 ACRES OF LAND IN THE City Council Minutes -Regular Meeting April 22, 2008 g CITY OF PORT ~4RTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION BUSINESS PARK TO LOCKWOOD HOLDINGS, INC. (11) P. R. No. 14685 - A Resolution Approving A Training Grant Agreement Between Lamar State College-Port Arthur And City Of Port Arthur Section 4A Economic Development Corporation The Mayor introduced the above-mentioned Proposed Resolution. Councilmember Williamson returned to the meeting. Upon the motion of Councilmember Henderson, seconded by Councilmember Chatman and carried, Proposed Resolution No. 14685 was adopted becoming Resolution No. 08- 173. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jone<.~, Henderson, Flood, Beard, Williarson and Lewis. Voting No: None. The caption of Resolution No. 08-173 reads as follows: RESOLUTION NO. 08-173 A RESOLUTION APPROVING A TRAINING GRANT AGREEMENT BETWEEN LAMAR STATE COLLEGE-PORT ARTHUR AND CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION The City Council recessed their meeting at 12':06 p.m. and reconvened their mE~eting at 1:50 p.m. with the following members present: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Henderson, Williamson and Lewis; City Manager Fitrgibbons; Acting Assistant City Secretary Bellard; City Attorney Sokolow and Sergeant At Arms ChiE~f Blanton. VII. ITEMS REQUIRING INDIVIDUAL ACTION A. Resolutions (3) P. R. No. 14670 - A Resolution Awarding A Contract To Lark Group, Inc. In The Anr~ount Of $116,100.00, And Authorizing The Execution Af A Contract For The Asbestos Abatement And Demolition Of Seven (7) Dangerous Commercial Buildings Located Throughout The City; To Be Charged To Account No. 303-1603-591.59-00, Project No. CIP614 (EDC Funds) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by CouncilmembE~r Williamson that Proposed Resolution No. 14670 be adopted. Councilmembers Jones, Flood and Beard returned to the meeting. Demolition Coordinator Darlene Pierre appeared before the City Council to address inquiries regarding Lark Group bid and their outstanding history of doing busirness with the city. City Council Minutes -Regular Meeting April 22, 2008 9 Proposed Resolution No. 14670 was adopted becoming Resolution No. 08-174. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Jones, Heriderson~, Flood, Beard, Williamson and Lewis. Voting No: None. The caption of Resolution No. 08-174 reads a<.> follows: RESOLUTION NO. 08-174 A RESOLUTION AWARDING A CONTRACT TO LARK GROUP, INC. IN THE AMOUNT OF $116,100.00, AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE ASBESTOS ABATEMENIT AND DEMOLITION OF SEVEN (7) DANGEROUS COMMERCIAL BUILDINGS LOCATED 'THROUGHOUT THE CITY; TO BE CHARGED TO ACCOUNT NO. 303-1603- 591.59-00, PROJECT NIO. CIP614 (EDC FUNDS) (4) P. R. No. 14673 - A Resolution As To The Sale Of Approximately Five (5) AcrE~s Of Land In The City Of Port Arthur Section 4A Econonnic Development Corporation Business Park To Port Arthur Partners, LLC The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Beard, seconded by Councilmember Henderson and carried, Proposed Resolution No. 14673 was adopted becoming Resolution No. 08-175. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Jones, Heriderson~, Flood, Beard, Williamson and Lewis. Voting No: None. The caption of Resolution No. 08-175 reads as follows: RESOLUTION NO. 08-175 A RESOLUTION AS• TO THE SALE OF APPROXIMATELY FIVE: (5) ACRES OF LAND IN THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION BUSINESS PARK TO PORT ARTHUR PARTNERS, LLC (5) P. R. No. 14674 - A Resolutiion As It Pertains To Naming A Building Located At 3248 39th Street (Requested By Mayor Pro Tem Sinegal) The Mayor introduced the above-mentioned Proposed Resolution. Mayor Pro Tem Sinegal inserted the name Willie A. Rieman Building. The motion was made by Councilmember Beard and seconded by Councilmember Williamson that Proposed Resolution No. 14674 be adopted with the insertion of the name Willie A. Rieman Building. Councilmember Chatman returned to the meeting. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 14674 with the insertion of the name Willie A. Rieman Building: City Council Minutes -Regular Meeting April 22, 2008 10 Councilmember Beard "Yes" Councilmember Chatman "Yes" Councilmember Flood "Yes" Councilmember Henderson "Yes" Councilmember ]ones "Yes" Councilmember Lewis "Yes" Councilmember Williamson "Yes" Mayor Pro Tem Sinegal "Yes" Mayor Prince "Yes" Proposed Resolution 14674 was adopted, with the insertion of the name Vllillie A,. Rieman Building becoming Resolution No. 08-'.176. The caption of Resolution No. 08-176 reads as follows: RESOLUTION NO. 08-176 A RESOLUTION AS IT PERTAINS TO NAMING A BUILDING LOCATED AT 3248 39TH STREET (REQUESTED BY MAYCIR PRO TEM SINEGAL) (7) P. R. No. 14677 - A Resolui:ion As It Pertains To Property The City Of Port Arthur Seci:ion 4A Economic Development Corporation And The City OAF Port Arthur Have An Interest In Adjacent To 4th Street (Requested By Mayor Prince) The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Beard, seconded by Councilmember Chatman and carried, Proposed Resolution No. 14677 was adopted becoming Resolution No. 08-177. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson, Flood, Beard, Williannson and Lewis. Voting No: None. The caption of Resolution No. 08-177 reads a> follows: RESOLUTION NO. 08-177 A RESOLUTION AS IT PERTAINS TO PROPERTY THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND THE CITY OF POF;T ARTHUR HAVE AN INTEREST IN ADJACENT TO 4TH STREET (REQUESTED BY MAYCIR PRINCE) (8) P. R. No. 14681 - A Resolution As It Pertains To Requesting A Bill To Be Adopted By Thee Texas Legislature Regarding The Appointment Process To The Municipal Housing Authority (Requested By Councilmember Lewis) The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Beard, seconded by Councilmember Lewis and carried, Proposed Resolution No. 14681 was adopted becoming Resolution No. 0~8-178. Voting Yes: Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Her~dersor~, Flood, Beard, Williamson and Lewis. Voting No: Mayor Prince. City Council Minutes -Regular Meeting April 22, 2008 1.1 The caption of Resolution No. 08-178 reads as follows: RESOLUTION NO. 08-178 A RESOLUTION A;5 IT PERTAINS TO REQUESTING A BILL 'TO BE ADOPTED BY THE TEXAS LEGISLATUF'.E REGARDING THE APPOINTMENT PROCESS TO THE MUNICIPAL HOUSING AUTHORITY (REQUESTED BY COUNCILMEMBER LEIMIS) (9) P. R. No. 14683 - A Resolution Authorizing The City Of Port Arthur To Accept A Donation Of $25,000 From Exxon/Mobil Corporation For The Purchase And Creation Of An Amateur Radio Emergency Communications Trailer For The Police Department The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Chatman that Proposed Resolution No. 14683 be adopted. Port Arthur Police Chief Mark Blanton appeared before the City Council to address the proposed purchase of an Amateur Radio Emergency Communications Trailer. Proposed Resolution No. 14683 was adopted becoming Resolution No. 08-179. Voting Yes: Mayor Prince; Mayor Pro Tem ~~inegal; Councilmembers Chatman, Jones,, Henderson, Flood, Beard, Williannson and Lewis. Voting No: None. The caption of Resolution No. 08-179 reads as follows: RESOLUTICN NO. 08-179 A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR TO AICCEPT A DONATION OF $25,000 FROM EXXON/MOBIL CORPORATION FOR THE PURCHASE AND CREATION OF AN AMATEUR RADIO EMERGENCY COMMUNICATIONS TRAILER FOR THE POLICE DEPARTMENT (13) P. R. No. 14687 - A Resolution Amending Resolution No. 07-553 As It Pertains To Approving A Purchase Agreement Between City Of Port Arthur Section 4A Economic Development Corporation Arid Embree Asset Group, Inc. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Flood that Proposed Resolution No. 14687 be adopted. EDC Executive Director Floyd Batiste appeared before the City Council to address inquiries regarding the proposed purchase agreement with Embree Asset Group. Proposed Resolution No. 14687 was adopted becoming Resolution No. 08-180. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson, Flood, Beard, Williannson and Lewis. City Council Minutes -Regular Meeting April 22, 2008 12 Voting No: None. The caption of Resolution No. 08-180 reads as follows: RESOLUTION NO. 08-180 A RESOLUTION AMENDING RESOLUTION NO. 07-553 AS IT PERTAINS TO APPROVING A PURCHASE AGREEMENT BETWEEN CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND EMBREE ASSET GROUP, INC. (14) P. R. No. 14691 - A Resolution As To SureTec And The Waste Water Treatment Building The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Flood, sc~conded by Councilmember Chatman and carried, Proposed Resolution No. 14691 was adopted becoming Resolution No. 08-181. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson, Flood, Beard, Williamson and Lewis. Voting No: None. The caption of Resolution No. 08-181 reads as follows: RESOLUTION NO. 08-181 A RESOLUTION AS 'TO SURETEC AND THE WASTE WATER TREATMENT BUILDING (15) P. R. No. 14696 - A Resolution Promoting An Honest Anti Constructive Dialogue As It Pertains To Decorum (Requested By Councilmember Flood) The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion Councilmember Chatman, seconded by Councilmember Flood and carried, Proposed Resolution No. 14696 was adopted becoming Resolution No. 08-182. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones., Henderson, Flood, Beard, Williamson and Lewis. Voting No: None. The caption of Resolution No. 08-182 reads as follows: RESOLUTION NO. 08-182 A RESOLUTION PROMOTING AN HONEST AND CONSTRUCTIVE DIALCIGUE AS IT PERTAINS TO DECORUM (REQUESTE:D BY COUNCILMEMBER FLOOD) EDC Executive Director Floyd Batiste appeared before the City Council to introdluce the Chairman of T-Ministries, Mr. John Panetty. John Panetty, 1200 Meloney Road N., Tacoma, Wisconsin appeared before i:he City Council to give an overview of the T-Ministries fabrication and welding company. City Council Minutes -Regular Meeting April 22, 2008 13 Mr. Jerry Wayne Pillsbury, 3194 Highway E.9 South, Beaumont, Texas, representing Pipefitters Local Union No. 195, appeared before the City Council to give an oveirview o~f the training schedule for the new hires of T-Ministries. B. Ordinances (1) P. O. No. 5837 - An Orciinance Authorizing The City Manager And City Attorney To Transfer The Building And Lot At Memorial Boulevard And 32nd Street To The Truth 8c Education Corporation (Requested By Councilmember Beard And Councilmember Henderson) The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Jones and seconded by Councilmember Henderson that Proposed Ordinance No. 5837 be adopted. Port Arthur Fire Chief Larry Richards appear.°d before the City Council to discuss the plans for the relocation of the Fire Department's administration offices after the new fire station is completed. The following roll call vote was taken on the motion to adopt Proposed Ordinance Noy. 5837: Councilmember Beard "Yes'' Councilmember Chatman "Yes'' Councilmember Flood "Yes" Councilmember Henderson "Yes" Councilmember )ones "Yes" Councilmember Lewis "Yes" Councilmember Williamson "Yes" Mayor Pro Tem Sinegal "Yes" Mayor Prince "No" Proposed Ordinance No. 5837 was adopted bE~coming Ordinance No. 08-44. The caption of Ordinance No. 08-44 reads as 1Follows: ORDINANCCE NO. 08-44 AN ORDINANCE AUTHORIZING THE CITY MANAGER AND CITY /ATTORNEY TO TRANSFER THE BUILDING AND LOT AT MEMORIAL BOULEVARD AND 32ND STREET TO THE TRUTH & EDUCATION CORPORATION (REQUESTED BY COUNCILMEMBER BEARD AND COUNCILMEMBER HENDERSON) (3) P. O. No. 5877 - An Ordinance Authorizing An Extension As To The Commencement Date Of The Construction For LAR Properties, L.C. And Authorizing The Execution Of Amendment No. 1 (RequestE~d By The City Manager) The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Henderson and seconded by Councilmember Chatman that Proposed Ordinance No. 5877 be adopted. Proposed Ordinance No. 5877 was adopted bE:coming Ordinance No. 08-45. City Council Minutes -Regular Meeting April 22, 2008 14 Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman,, Jones, Henderson, Flood, Beard, Williamson and Lewis. Voting No: None. The caption of Ordinance No. 08-45 reads as 1~ollows: RESOLUTION NO. 08-45 AN ORDINANCE AUTHORIZING AN EXTENSION AS TO THE COMMENCEMENT DATE OF THE CONSTRUCTION FOR LAR PROPERTIES, L.C. AND AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 (REQUESTED BY THE CITY MANAGER) Councilmembers Beard and Williamson left the meeting. (4) P. O. No. 5878 - An Ordlinance Amending Article VII (Excavations) Chapter 94 (Streets, Sidewalks And Other Public Places) Of The Code Of Ordinances Of The City Of Port Arthur To Provide Standards For Excavations In Support Of Farm Or Ranch Activities; Punishable A;s Provided In 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 Thca Official Newspaper Of The Ciity Of Port Arthur And Effective Immediately After Publication Date The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Lewis, seconded by Councilmember Chatman and carried, Proposed Ordinance No. 5878 was adopted becoming Ordinance No. 08-~46. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones;, Henderson, Flood and Lewis. Voting No: None. The caption of Ordinance No. 08-46 reads as 1~ollows: ORDINANCE NO. 08-46 AN ORDINANCE AMENDING ARTICLE VII (EXCAVATIONS) CHAPTER 94 (STREETS, SIDEWALKS AND OTHER PUBLIC PLACES) OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR TO PROVIDE STANDARDS FOR EXCAVATIONS IN SUPPORT OF FARM OR RANCH ACTIVITIES; PUNISHABLE AS PROVIDED IN 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 IMMEDIATELY AFTER PUBLICATION DATE (5) P. O. No. 5879 - An Ordinance Designating A Temporary Construction Speed Zone On US Highway 69, Providing For An Effective Date, And For Puublication City Council Minutes -Regular Meeting April 22, 2008 15 The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Henderson and seconded by Councilrnembe~r Chatman that Proposed Ordinance No. 5879 be adopted. Assistant Public Works Director and City Engineer Ross Blackketter appeared before the City Council to address inquiries regarding the above-mentioned construction project. Proposed Ordinance No. 5879 was adopted becoming Ordinance No. 08-47. Councilmember Beard returned to the meeting. Voting Yes: Mayor Prince; Mayor Pro Tem S~inegal; Councilmembers Chatman, Jones, Henderson, Flood, Beard and Lewis. Voting No: None. The caption of Ordinance No. 08-47 reads as follows: ORDINANCE NO. 08-47 AN ORDINANCE DESIGNATING A TEMPORARY CONSTRUCTION SPEED ZONE ON US HIGHWAY 69, PROVIDING FOR ANN EFFECTIVE DATE, AND FOR PUBLICATION C. *Reports And Recommendations Report On Personnel Code Of Ethics (Requested B!y Councilman Beard) Councilmember Beard presented the above-mentioned report. Community Services Director Lawrence Baker appeared before the City Council address administrative actions taken regarding a citizen complaint submitted by Councilmember Beard. Mayor Prince made the following statement for the record: While we would like for all the citizens. to respect us, whether they do car not, if we do what is right on this Council when it comes to raises and stuff like that we are going to be fair with them whether they respect us or not. If you do what is right you do not have to worry about that. So that is for the record and I want that in the record, definitely want that iin the record. You do not hold that over people's heads because maybe they are right in what they are saying about you. Councilmember Beard made the following statement for the record: So, before anyone takes this too far, all you have to do is read the caption and it was a Report on Personae/ Coc~'e of Ethics and it was related to a situation that happened. But there was not attempt here-and let us not go away from this and you can quote this for the record. That there w,as no implying of wrong doing by staff or any other member here or no name was given or said. It was looking at a situation and asking us to know what the proper ethics and conduct is for city employees because the workman is worthy of his hire. A. Resolutions (1) P. R. No. 14646 - Professional Services City Council Minutes -Regular Meeting April 22, 2008 A Resolution As It Pertains To .A Agreement With The Museum Of 1.6 Cultural Arts, Houston (MOCAH) As To The Commemorative Marker Project (Requested By Councilmember Beard) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Beard and seconded by Councilmember Chatman that Proposed Resolution No. 14646 be adopted. MOCAH Representative Reginald Adams, 2901 A Gilasbey, Houston, Texas appeared before the City Council to discuss the above-mentioned Commemorative Marker Project;. Proposed Resolution No. 14646 was adopted becoming Resolution No. 08-183. Voting Yes: Mayor Prince; Mayor Pro TE~m Sinegal; Councilmembers Chatman~, Henderson, Beard, Williamson and Lewis. Voting No: None. The caption of Resolution No. 08-183 reads as follows: RESOLUTION NO. 08-183 A RESOLUTION AS IT PERTAINS TO A PROFESSIONAL SERVICES AGREEMENT WITH THE MUSEUM OF CULTURAL ARTS, HOUSTON (MOCAH) AS TO THE COMMEMORATIVE MARKER PROJECT (REQUESTED BY COUNCILMEMBER BEARD) VIII. REPORTS OF BOARDS AND COMMITTEES -None IX. *CLOSED MEETING (EXECUTIVE SESSION) Closed Meetin4: (1) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To MetroCare (2) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To TEPPCO (3) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And Industrial Business Prospects (4) Section 551.072 Government Code - To Discuss The Value Of Land And Building Alt 1924 W. Lakeshore Drive (Department Club) (5) Section 551.072 Government Code - To Discuss The Value Of Land And House At 3510 ILake Arthur (6) Section 551.072 Government Code - To Discuss The Value Of Land And Building At The Corner OF 32"d And Memorial (7) Section 551.072 Government Code - To Discuss The Value Of The City Dock Adjacent To The Intercoastal Canal (8) Section 551.074 Government Code - To Discuss With The City Attorney His Recommendations As To Realigning, Restructuring And Reorganization Of The City Attorney's City Council Minutes -Regular Meeting April 22, 2008 17 Office, The Affiliated Litigation Support For The City As Welll As The Legal Support Of The Affiliated City Entities The City Council recessed their meeting at 4:05 p.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 5:25 p.m. with the following members present: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Henderson, Beard, Williamson and Lewis; City Manager Fitzgibbons; Acting Assistant City Secretary Bollard; City Attorney Sokolow and Sergeant At Arms Chief Blanton. VII. ITEMS REQUIRING INDIVIDUAL ACTION A. Resolutions (6) P. R. No. 14675 - A Resolution Authorizing The City Manager To Execute An Amended Lease Agreement Between 7.B.S. Packing, Inc:., And The City Of Port Arthur For Use Of The City's Commercial Dock The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Beard and seconded by Councilmember Lewis that Proposed Resolution No. 14675 be adopted with the following amendment set forth by the City Attorney: Whereas, the City Council fins it to bey in the best interests of the citizens of the City of Port Arthur to extend the existing lease for an additional five (5) years, at a rental rate of $3,000 per month until March 1, 2009, arnd $3,250 per month for the rest of the term agreement. and Section 2. That the City Manager i> herein authorized to execute ain Amended Lease Agreement between the City of Port Arthur and J.B.S. Packing, Inc., in substantially the same form as attached as Exhibit ~~A", with the lease payment of $3,000 pE~r month until March 1, 2009 and $3,250 per month thereafter and a term of five (5) additional years (through 2014). Former Mayor Oscar G. Ortiz, 7845 Brazos, appeared before the City Council on behalf of J.B.S. Packing and gave an overview of the company and their employment history. Proposed Resolution No. 14675 was adopted as amended becoming Resolution No. 08',- 184. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Henderson, Beard, Williamson and Lewis. Voting No: None. The caption of Resolution No. 08-184 reads as follows: RESOLUTION NO. 08-184 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED LEASE AGREEMENT BETWEEN 7.B.S. PACKING, INC., AND THE CITY OF PORT ARTHUR FOR USE OF THE CITY'S COMMERCIAL DOCK (12) P.R. No. 14686 - A Resolution Approving An Economic Incentive Contract And Loan Agreement Between Team City Council Minutes -Regular Meeting April 22, 2008 1.8 Fabricators, L.L.C. And The City Of Port Arthur Section 4A Economic Development Corporation The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Beard and seconded by Councilmember Chatman that Proposed Resolution No. :14686 be adopted with the following amendment set forth by the City Attorney: WHEREAS, the average wage per hour will be $19.95 per hour which will be inserted into the agreement; and Proposed Resolution No. 14686 was adopted as amended becoming Resolution No. 08- 222. Voting Yes: Mayor Prince; Mayor Pro TE~m Sinegal; Councilmembers Chatman, Henderson, Beard, Williamson and Lewis. Voting No: None. The caption of Resolution No. 08-222 reads a> follows: RESOLUTION NO. 08-222 A RESOLUTION APPROVING AN ECONOMIC INCENTIVE CONTRACT AND LOAN AGREEMENT BETWEEN TEAM FABRICATORS, L.L.C. AND THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION B. Ordinances (2) P. O. No. 5873 - An Ordinance Awarding A Bid For The Sale Of Property Located At 3510 Lake Arthur Drive The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Henderson and seconded by Councilmember Chatman that Proposed Ordinance No. 5873 bye adopted. The motion to adopt Proposed Ordinance No. 5873 failed to carry. Voting Yes: None. Voting No: Mayor Prince; Mayor Pro TE~m Sinegal; Councilmembers Chatman, Henderson, Beard, Williamson and Lewis. The motion was made by Councilmember Williamson and seconded by Councilmember Lewis to go out for bids for the sale of the property located at 3510 Lake Arthur Drive with a minimum bid of $75,000 and to give the winning bidder up to sixty (60) days to secure proper financing. The above-mentioned motioned carried. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Henderson, Beard, Williamson and Lewis. Voting No: None. X. FUTURE AGENDA ITEMS Councilmember Williamson: City Council Minutes -Regular Meeting April 22, 2008 19 A report regarding the removal of oleanders planted in 1920 from Herman Park. Mayor Prince: (1) Announced that Fabiola Small is scheduled to be recognized at ne~:t scheduled City Council Meeting. (2) A report on securing grant funds for the Community Prosecution Program. Councilmember Beard: (1) A special meeting within the inext fourteen to twenty-one days between the City, Corp of Engineers, Navigation District, Port Authority and the Pleasure Island Commission to address erosion and other issues on Pleasure Isl<~nd. (2) A special meeting to discuss negotiation guidelines for the Industrial District Agreements that expire this year. (3) An ordinance banning the use of~ cell phones in School Zones. Councilmember Lewis: A resolution mandating that KCS Railroad restore and paint the railway overpass at Houston Avenue and Gulfway Drive. Councilmember Chatman: (1) Status report on the condition of'the North and South Levee roads. (2) An ordinance naming a street within the city after Chad "Pimp C" Butler. (3) A special meeting with the EPA regarding PCB's being brought into the city by Veolia. XI. AD7OURNMENT OF MEETING Upon the motion of Mayor Pro Tem Sinegal, seconded by Councilmember Chatman and carried unanimously, the City Council adjournf~d their meeting at 6:13 p.m. An audio-tape of this meeting is on file in the office of the City Secretary and is rnade a part of the official minutes of this meeting. MAYOR DELORIS °BOBBIE" PRINCE ATTEST: ACTING ASSISTANT CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD APRIL 22, 2008. APPROVED: City Council Minutes -Regular Meeting April 22, 2008 20 EXHIBITS ARE AVAILABLE FOR REVIEW IN THE CITY SECRETARY' S OFFICE