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HomeMy WebLinkAboutC. JUNE 03, 2008 - REGULAR MEETINGREGULAR MEETING -June 3, 2008 I. INVOCATION, PLEDGE & ROLL CALL Mayor Pro Tem Chatman gave the invocation followed with the pledge to the flag. The City Council of the City of Port Arthur met in Regular Session on Tuesday, June 3, 2008 at 5:59 p.m. in the City Council Chamber, City Hall, with. the. following members present: Mayor Deloris "Bobbie" Prince; Mayor Pro Tem Jack Chatman, Jr.; Councilmembers Cal Jones, Morris Albright, III, Martin Flood, John Beard, Jr., Robert "Bob" Williamson, Dawana K. Wise and Michael "Shane" Sinegal; City Manager Steve. Fitrgibbons, Acting Assistant City Secretary Sherri Bellard,. City Attorney Mark T. Sokolow and Sergeant At Arms Police Chief Mark Blanton. II. ADMINISTRATION OF OATH OF OFFICE Acting Assistant City Secretary Sherri Bellard administered the Statement and Oath of Office to District 2 Councilmember Elect Elizabeth "Liz" Segler. III. ROLL CALL The following members were present: Mayor Deloris "Bobbie" Prince; Mayor Pro Tem Jack Chatman, Jr.; Councilmembers Elizabeth "Liz" Segler, Morris Albright, III, Martin Flood, Robert "Bob" Williamson, Dawana K. Wise and Michael "Shane" Sinegal; City Manager Steve Fitrgibbons, Acting Assistant City Secretary Sherri Bellard, City Attorney Mark T. Sokolow and Sergeant At Arms Police Chief Mark Blanton. IV. PROCLAMATIONS & MINUTES Proclamations -None Minutes -None V. PETITIONS & COMMUNICATIONS A. SDeakers (1) Warren Field And Ike Mills Regarding Community Activism/Hilton Kelly Councilmember Beard returned to the meeting. Mr. Warren Field, 1147 60"' Street, appeared before the City Council to discuss the above-mentioned topic. Mr. Ike Mills was present but did not appear before the City Council. (2) Zulema Escobedo Regarding Soccer Fields Mrs. Zulema Escobedo, 3308 Medical Triangle, appeared before the City Council on behalf of Mr. Hector Liano and Mrs. AI Castillo cofounders of the Port Arthur Football Club to discuss the above-mentioned topic. Mr. Michael Castillo, 2820 Delaware, appeared before the City Council to discuss the above-mentioned topic. Assistant Human Resource Director and Interim Parks Director Dr. Albert Thigpen appeared before the City Council to address inquiries regarding the current use of city owned soccer fields. (3) Julia Samuels Regarding Council Meeting Decorum Mrs. Julia Samuels, 1725 14"' Street, appeared before the City Council to discuss the above-mentioned topic. B. Presentation Presentation By Zachary Breaux ]au Festival Planning Committee, Ms. Doris Hayes, Ms. Thomasene Thomas And Ms. Annette Mitchell Regarding Upcoming. Event Mrs. Thomasazine Thomas, 401 Drummond, appeared before the City Council to give the above-mentioned presentation. IX. ITEMS REQURING INDNIDUAL ACTION B. Ordinances (1) P. O. No. 5889 - An Ordinance Adding Article VII Zachery Breaux ]azz Festival, Sections 90-251 And 90-252 Of Chapter 90 Special Events To The Code Of Ordinances Providing For Publication, A Penalty And An Effective Date The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Williamson, seconded by Mayor Pro Tem Chatman and carried; Proposed Ordinance No. 5889 was adopted becoming Ordinance No. 08- 55. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Flood, Beard, Wise, Williamson and Sinegal. Voting No: None. The caption of Ordinance No. 08-55 reads as follows: ORDINANCE NO. 08-55 AN ORDINANCE ADDING ARTICLE VII ZACHERY BREAUX ]AZZ FESTIVAL, SECTIONS 90-251 AND 90-252 OF CHAPTER 90 SPECIAL EVENTS TO THE CODE OF ORDINANCES PROVIDING FOR PUBLICATION, A PENALTY AND AN EFFECTIVE DATE A. Resolutions (1) P. R. No. 14736 - A Resolution Authorizing, Designating And Establishing The Zachary Breaux Jau Festival Entertainment Area For 2008, Designating Heritage Life Center As The Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement With Heritage Life Center The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Beard, seconded by Councilmember Williamson and carried, Proposed Resolution No. 14736 was adopted becoming Resolution No. 08- 223. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Flood, Beard, Wise, Williamson and Sinegal. City Council Minutes Regular Meeting -June 3, 2008 Z Voting No: None. The caption of Resolution No. 08-223 reads as follows: RESOLUTION NO. 08-223 A RESOLUTION AUTHORIZING, DESIGNATING AND ESTABLISHING THE ZACHARY BREAUX JAZZ FESTIVAL ENTERTAINMENT AREA FOR 2008, DESIGNATING HERITAGE LIFE CENTER AS THE. EXCLUSIVE CONCESSIONAIRE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HERITAGE LIFE CENTER (3) P. R. No. 14748 - A Resolution Of The City Council Of Port Arthur, Texas, Joining With Other Entergy Service Area Cities In Support Of A Non-Unanimous Stipulation Regarding The Rates To Be Determined For Entergy Texas, Inc. In Public Utility Commission Docket No. 34800 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Williamson, seconded by Councilmember Beard and carried, Proposed Resolution No. 14748 was adopted becoming Resolution No. 08- 224. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Flood, Beard, Wise, Williamson and Sinegal. Voting No: None. The caption of Resolution No. 08-224 reads as follows: RESOLUTION NO. 08-224 A RESOLUTION OF THE CITY COUNCIL OF PORT ARTHUR, TEXAS, JOINING WITH OTHER ENTERGY SERVICE AREA CITIES IN SUPPORT OF A NON-UNANIMOUS STIPULATION REGARDING THE RATES TO BE DETERMINED FOR ENTERGY TEXAS, INC. IN PUBLIC UTILITY COMMISSION DOCKET NO. 34800 C. Correspondence Runoff Election Candidate Certification CERTIFICATION This is to certify that the following candidates have duly filed with this office to be placed on the Ballot of the City of Port Arthur Runoff Election to be held on June 21, 2008: Por /a presente certifico que /os siguientes candidates han complido con /os requisitos en esta oficina Para ser inc/uidos en la bo%ta de la E/eccion segunda votacion de la Ciudad que se /levara a cabo e/ dia 21 de Juno de 2008.• City Council Minutes Regular Meeting -June 3, 2008 3 For Councilmember Position 8 Por Miembro Del AyuntAmiento Posicione 8 Thomas J. "Tom" Henderson 4435 Forest Drive Kerry "Twin" Thomas 3010 34"' Street GIVEN UNDER MY HAND AND SEAL OF OFFICE this 30th day of May, 2008. FIRMADO POR MI PUNO y LETRA SELLADO con e[ Bello de mi officio hoy dia 30 de Mayo de 2008. (SEAL) /s/ Sherri Bellard Sherri Bellard, Acting Assistant City Secretary Sherri Bellard, Secretario de Ciudad de Ayudante lnterino VI. PUBLIC HEARINGS - 7:00 PM -None VII. UNFINISHED BUSINESS (1) P. R. No. 14676 - A Resolution As It PerEains To Authorizing An Incentive Agreement With Ally Investments, LLC And NeoFuel USA, LLC (Requested By Councilmember Beard And Councilmember Chatman) The Mayor introduced the above-mentioned. Proposed Resolution. Upon the motion of Councilmember Beard, seconded by Mayor Pro Tem Chatman and carried, Proposed Resolution No. 14676 was removed from the agenda. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Flood, Beard, Wise, Williamson and Sinegal. Voting No: None. (2) P. O. No. 5874 - An Ordinance Authorizing The Purchase Price And Sale Of Approximately 18 Acres Of Land In The Vicinity Of Lake Arthur Drive The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Williamson, seconded by Mayor Pro Tem Chatman and carried, Proposed Ordinance No. 5874 was tabled. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Flood, Beard, Wise, Williamson and Sinegal. Voting No: None. VIII. CONSENT AGENDA Upon the motion of Councilmember Williamson, seconded by Mayor Pro Tem Chatman and carried, the following Consent Agenda items were adopted: A. Consideration And Approval Of The Purchase Of One 2008 Ford Expedition From Phi/pott Motors, Neder/and, TX (Through HGAC) In The Amount Of $24,985.86 (Homeland Security Grant) For The Police Department B. Consideration And Approval Of Awarding A Bid To Sandifer's L.P. Gas Company, Port Arthur, TX In The City Council Minutes Regular Meeting -June 3, 2008 4 Estimated Amount Of $242,760 For Propane Gas For The Transit Department C. Consideration And Approval Of Awarding Bids For Street Materials (Road Building Materials) To Transit Mix Concrete &Materia/s; APAC -Texas; And AMF Materia/s & Transport For The Public Works Department (Streets Division) D. Consideration And Approval Of Awarding Bids For Streets Materials (Asphalt, Oil, Emulsions And Soil Stabilization Additives) To Performance Grade Aspha/>y LLC And Soi/ Stabi/ization Products Company, Inc. For The Public Works Department (Streets Division) E. Consideration And Approval Of Awarding A Bid For Streets Material (Concrete Building Materials) To Transit Mix Concrete &Materia/s Company For The Public Works Department_(Streets Division) F. Consideration And Approval Of Awarding Bids For Drainage Materials (High-Density Polyethylene Pipe) To HD Supp/y-Waterworks And Coburn's Supp/y For The Public Works Department (Drainage Division) G. Consideration And Approval Of The Purchase Of Ten (10) Dell OptiPlex 755 Computers (Through DIR Pricing) In The Amount Of $8,885.50 For The Health Department H. Consideration And Approval Of Payment To TNT Ready- Mix, Neder/and, TX In The Amount Of $6,000 For Materials Used For The 2008 City Street Program Resolutions -Consent (1) P. R. No. 14722 - A Resolution Approving The Renewal Of An Additional One Year Period For Grass Cutting Services With Trey's Tractor Services For Cutting Of The Port Arthur Business Park Located At 9555 W. Port Arthur Road Proposed Resolution No. 14722 was adopted becoming Resolution No. 08-225. (2) P. R. No. 14738 - A Resolution Awarding A Contract To The Lowest Responsible Bidder And Authorizing Execution Of The Contract For Janitorial Services For The Port Arthur Police Department And Municipal Court Building To Southeast Texas Building Service, Nederland, Texas, In The Amount Of $40,560.00 Per Year For Three Years And Charged To Account Number 001-1101-521.32-00 Proposed Resolution No. 14738 was adopted becoming Resolution No. 08-226: (3) P. R. No. 14743 - A Resolution As It Pertains To An Agreed Order With The Texas Commission On Environmental Quality As It Pertains To The Wastewater Treatment Plant Proposed Resolution No. 14743 was adopted becoming. Resolution No. 08-227. (4) P. R. No. 14745 - A Resolution Accepting A Water Utility Easement From Williams & .Rao, LP For The Construction, Installation, Laying, And Maintaining Of Water Utilities In The City Of Port Arthur City Council Minutes Regular Meeting -June 3, 2008 5 Proposed Resolution No. 14745 was adopted becoming Resolution No. 08-228. (5) P. R. No. 14747 - A Resolution Authorizing The City Of Port Arthur To Accept $14,779.03 From MOTIVA For The Purchase Of Vehicle Emergency Equipment For The Purpose Of Traffic Direction And Safety Proposed Resolution No. 14747 was adopted becoming Resolution No. 08-229. (6) P. R. No. 14751 - A Resolution Authorizing The City Of Port Arthur To Amend The Budget Of A Proposal Submitted To The Texas Health And Human Services Commission. For A Nurse-Family Partnership Grant In The Amount Of $499,584 Proposed Resolution No. 14751 was adopted becoming Resolution No. 08-230. (7) P. R. No. 14752 - A Resolution Authorizing The Second Year Contract Between The City Of Port Arthur And Triangle Waste Solutions Of Port Arthur For Leachate Hauling At The City Landfill For A Fee Of $54.03 Per Hour With The Subsequent Rate Adjusted According To The CPI At That Time. Funding Is Available In Account No. 403- 1274-533.59-00 Proposed Resolution No. 14752 was adopted becoming Resolution No. 08-231. IX. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT A. Resolutions (2) P. R. No. 14740 - A Resolution As It Pertains To Release Of Liens At 848 Houston Avenue The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Beard and seconded by Mayor Pro Tem Chatman that Proposed Resolution No. 14740 be adopted with the following amendment as set forth by the City Attorney: WHEREAS, the City Council received a request from TOPCOR, affiliated with Westward Properties, LLC that they plan to purchase the property at 848 Houston Avenue as to construct an office and storage facility as denoted in Exhibit "A"; and WHEREAS, the City Council desires not to file liens and to waive the existing demolition costs on the condition that the purchaser, Westward Properties, LLC, will build a facility (office and storage building) of at least a value of $150,000 within one (1) year or with extensions as approved by the City Council of the date that the release of lien is signed. Section 2. That the City Manager is herein authorized to sign the Release of Lien in substantially the same form as attached hereto as Exhibit "B", which conditions the release of the liens (grass liens) and demolition costs on the construction by the purchaser, Westward Properties, LLC, or an affiliated company, of an office and storage building as a cost or value of $150,000 within one (1) year or with extensions as approved by the City Council, and Westward Properties, LLC or an affiliated company will be required to maintain the property. City Council Minutes Regular Meeting -June 3, 2008 6 Proposed Resolution No. 14740 was adopted as amended becoming Resolution No. 08-232. Voting Yes: Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Flood, Beard, Williamson and Sihegal. Voting No: Mayor Prince and Councilmember Wise. The caption of Resolution No. 08-232 reads as follows: RESOLUTION NO. 08-232 A RESOLUTION AS IT PERTAINS TO RELEASE OF LIENS AT 848 HOUSTON AVENUE (4) P. R. No. 14749 - A Resolution Appointing Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation Board Of Directors (Requested By Councilmember Beard) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember. Beard and seconded by Councilmember Flood that Proposed Resolution No. 14749 be adopted. Councilmember Beard read into the record the name of Willie "Bae" Lewis as his recommendation for appointment to Position 5. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 14749: Councilmember Albright "No" Councilmember Beard "Yes" Mayor Pro Tem Chatman "Yes" Councilmember Flood "Yes" Councilmember Segler "No" Councilmember Sinegal "Yes" Councilmember Williamson "No" Councilmember Wise "No" Mayor Prince "No" The motion to adopt Proposed Resolution No. 14749 failed to carry. (5) P. R. No. 14750 - A Resolution As It Pertains To Release Of Liens On Lots 57, 58, And 59 Of Truman Addition The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Williamson, seconded by Councilmember Wise and carried, Proposed Resolution No. 14750 was adopted becoming Resolution No. 08-233. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Flood, Beard, Wise, Williamson and Sinegal. Voting No: None. The caption of Resolution No. 08-233 reads as follows: City Council Minutes Regular Meeting -June 3, 2008 7 RESOLUTION NO. 08-233 A RESOLUTION AS IT PERTAINS TO RELEASE OF LIENS ON LOTS 57, 58, AND 59 OF TRUMAN ADDTTION (6) P. R. No. 14755 - A Resolution Authorizing An Agreement With Luke Guidry, ]r. To Charge Materials Only For A Sanitary Sewer Line Extension To Serve Lots 7-9, Reserve "B", Stonegate Section Four, City Of Port Arthur, Texas The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Williamson, seconded by Mayor Pro Tem Chatman that Proposed Resolution No. 14755 was adopted becoming Resolution No. 08-234. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Flood, Beard, Wise, Williamson and Sinegal. Voting No: None. The caption of Resolution No. 08-234 reads as follows: RESOLUTION NO. 08-234 A RESOLUTION AUTHORIZING AN AGREEMENT WITH LUKE GUIDRY, ]R. TO CHARGE MATERIALS- ONLY FOR A SANITARY SEWER LINE EXTENSION TO SERVE LOTS 7-9, RESERVE "B", STONEGATE SECTION FOUR, CITY OF PORT ARTHUR, TEXAS B. Ordinances (2) P. O. No. 5890 - An Ordinance Amending Subsection (9) Of Section 2-75 (b) Of The Code Of Ordinances As It Pertains To Debate On Non-Consent Issues Brought To The Floor For Debate By The City .Council (Requested By Councilmember Flood) The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Mayor Pro Tem Chatman and seconded by Councilmember Flood that Proposed Ordinance No. 5890 be adopted. The following roll call vote was taken. on the motion to adopt Proposed Ordinance No. 5890: Councilmember Albright Councilmember Beard Mayor Pro Tem Chatman Councilmember Flood Councilmember Segler Councilmember Sinegal Councilmember Williamson Councilmember Wise Mayor Prince "No" "Yes" "Yes" "Yes" "Non "Yesn "Non "Non ..Non The motion to adopt Proposed Ordinance No. 5890 failed to carry. City Council Minutes Regular Meeting -June 3, 2008 8 (3) P. O. No. 5891 - An Ordinance Amending Section 2-75 Of The Code Of Ordinances As it Pertains To Acknowledgment By Speakers (Requested By Mayor Prince) The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Williamson, seconded by Councilmember Wise Proposed Ordinance No. 5891 was adopted becoming Ordinance No. 08-56. Voting Yes: Mayor Prince; Mayor Pro -Tem Chatman; Councilmembers Segler, Albright, Flood, Beard, Wise, Williamson and Sinegal. Voting No: None. The caption of Ordinance No. 08-56 reads as follows: ORDINANCE NO. 08-56 AN ORDINANCE AMENDING SECTION 2-75 OF THE CODE OF ORDINANCES AS IT PERTAINS TO ACKNOWLEDGMENT. BY SPEAKERS (REQUESTED BY MAYOR PRINCE) Councilmembers Sinegal and Flood left the meeting. (4) P. O. No. 5892 - An Ordinance Amending Section 2-76 Of The Code Of Ordinances As It Pertains To The Enforcement Of Decorum, Disturbances, And/Or Removal/Citation Of Person(s) (Requested By Mayor Prince) The Mayor introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Williamson and seconded by Councilmember Wise that Proposed Ordinance No. 5892 be adopted. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 5892: Councilmember Albright "Yes" Councilmember Beard "No" Mayor Pro Tem Chatman "No" Councilmember Segler "Yes" Councilmember Williamson "Yes" Councilmember Wise "Yes" Mayor Prince "Yes" Proposed Ordinance No. 5892 was adopted becoming Ordinance No. 08-57. The caption of Ordinance No. 08-57 reads as follows: ORDINANCE NO. 08-57 AN ORDINANCE AMENDING SECTION 2-76 OF THE CODE OF ORDINANCES AS IT PERTAINS TO THE ENFORCEMENT OF DECORUM, DISTURBANCES, AND/OR REMOVAL/CITATION OF PERSON(S) :(REQUESTED BY MAYOR PRINCE) City Council Minutes Regular Meeting -June 3, 2008 9 (5) P. O. No. 5893 - An Ordinance Amending Section 2-31 Of The Code Of Ordinances As It Pertains To Placing Items On Council Agendas (Requested By Mayor Prince) The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Albright, seconded by Councilmember Williamson and carried, Proposed Ordinance No. 5893 was adopted becoming Ordinance No. 08- 58. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Wise and Williamson. Voting No: Councilmember Beard. The caption of Ordinance No. 08-58 reads as follows: ORDINANCE NO. 08-58 AN ORDINANCE AMENDING SECTION 2-31 OF THE CODE OF ORDINANCES AS TT PERTAINS TO PLACING ITEMS ON COUNCIL AGENDAS (REQUESTED BY MAYOR PRINCE) (6) P.O. No. 5894 - An Ordinance As It Pertains To Appointing A Counting Station Manager, Tabulation Supervisor And Presiding Judge Of Counting Station For The June 21, 2008 Runoff Election The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Mayor Pro Tem Chatman, seconded by Councilmember Williamson and carried, Proposed .Ordinance No. 5894 was adopted becoming Ordinance No. 08- 59. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Beard, Wise and Williamson. Voting No: None. The caption of Ordinance No. 08-59 reads as follows: ORDINANCE NO. 08-59 AN ORDINANCE AS IT PERTAINS TO APPOINTING A COUNTING STATION MANAGER, TABULATION SUPERVISOR AND PRESIDING JUDGE OF COUNTING STATION FOR THE JUNE 21, 2008 RUNOFF ELECTION C. *Reuorts And Recommendations (1) April, 2008 Financial Report And Report On Budget Issues Finance Director Rebecca Underhill presented the above-mentioned report. (2) Report On 2008 Preliminary Appraised Values Finance Director Rebecca Underhill presented the above-mentioned report. (3) Report On Scrap Metal Ordinance Issues City Council Minutes Regular Meeting -June 3, 2008 10 City Attorney Sokolow presented the above-mentioned report. (4) Report On Council Retreat City Manager Fitrgibbons presented the above-mentioned report. (5) Report On Proposed June 10, 2008 ]oint City Council/Pleasure Island Commission Meeting City Manager Fitrgibbons presented the above-mentioned report. (7) Report On Westside Development Study City Manager Fitzgibbons presented the above-mentioned report. (6) Report On Parking Ordinance (Requested By Mayor Pro Tem Chatman) City Manager Fitzgibbons presented the above-mentioned report. X. REPORTS OF BOARDS & COMMITTEES -None X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS -None X. ADJOURNMENT OF MEETING Upon the motion of Mayor Pro Tem Chatman, seconded by Councilmember Williamson and carried unanimously, the City Council adjourned their meeting at 8:53 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 DELORIS "BOBBIE" PRINCE ATTEST: ACTING ASSISTANT CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD JUNE 3, 2008. APPROVED: City Council Minutes Regular Meeting -June 3, 2008 11