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Home My WebLink AboutDECEMBER 30, 2008 REGULAR MEETINGREGULAR MEETING - December 30 2008 - I. INVOCATION, PLEDGE & R~LL CALL Mrs. Thomasene Thomas gave the invocation followed with the pledge to the fla . 9 The City Council of the City of Port Arthur met in Regular Session on Tuesday, December 30, 2008 at 8,37 a.m, in Ithe City Council Chamber, City Hall, with the following members present: Mayor Deloris "Bobbie" Prince; Mayor Pro Tem Jack Chatman, Jr.; Councilmembers Elizabeth "Liz" Segler, John Beard, Jr., Robert E. "Bob" Williamson and Thomas J. "Tom" Henderson; City Manager Steve Fitzgibbons, Acting~ - . . . . „ „ ~ ~~ City Secretary Te~rri Hanks, F~rst Ass~stant C~ty Attorney Valec~a Val T~zeno, and~ Sergeant At Arms Deputy Chief of Police Dennis Odom. ~ Councilmember Morris Albright, I~I was absent from the Regular Meeting. Counc~lmember Martin Flood was absent from the Regular Meeting. Councilmember Dawana K. Wise was absent from the Regular Meeting. City Attorney Mark Sokolow joined the Regular Meeting at 9:21 a..m. II. PROCLAMATIONS & MINUTES ~ ~ Proclamations - None Minutes . December 15, 2008 Special Council Meeting . ~ Upon the motion of Mayor Pro Tem Chatman, seconded by Councilmember Williamson. and carried unanimously, the City Council approved the above-mentioned minutes. III. PETITIONS & C4MMUNICATIONS A. S ea ke rs ~ 1 Thomasene Thomas Re ardin 2"d Annual Zacha Breaux C ) g g ~Y Festiva l Mrs. Thomasene Thomas, 401 Drummond Street, appeared before the City Council to' announce that the Second Annual Zachary Breaux Jazz Festival will be held at the~~ ~ Procter Street Pavilion on ]une 12-13, 2009. Mrs. Thomas requested consideration in s onsorshi s to render a successful event. { ; p p Mrs. Doris Hayes distributed souvenir books to the Mayor and City Councilmembers. 2 Mary Carriere Regarding Vocational Community O ~ppo~tunities - NOT PRESENT 3 Robert fowler Regarding Neighborhood Noise Complaint - ~ C) . NOT PRESENT ~ 6, Presentations - None ~ C. Correspondence - None V. UNFINISHED BUSINESS- None ,, VI. CONSENTAGENDA U on the motion of Councilmember Williamson, seconded by Councilmember p Henderson and carried unanimously, the following Consent Agenda items were adopted with the exception of Proposed Resolution No.15045. A. Consideration ~ And Approval Of Payment To The Greater Port -Arthur Chamber Qf Commerce In The Amount Of $7,500 For The City's Share Of The 2009 Community Calendars B. Consideration And Approval Of Payment For The City's Pro- Rata Share Of The 2009 ~range County Appraisal District Funding Allocation In The Tota1 Amount Of $13,846.60 (Four Equal Payments Of $3,461.G5) C. Consideration And Approval Of Payment To Heil Of Texas For Repairs To A 2006 GMC Trash Truck ~Equipment #1635) In The Amount Of $5,622.43 For The Public Works Department (Solid 1Naste Trash Collection Division) D. Consideration And Approval Of Payment To Sea Breeze Roofing, lnc., In The Amount Of $6,700 For Roof & Soffit Panels Repairs (Damaged By Hurricane Ike) At The Robert A. "Bob" Bowers Civic Center - - E, fxpense Reports . Mayor Pro Tem ~ack Chatman, ~r.: Attended 96t" Annual TML Conference, San Antonio, TX October 29-30, 2008 ~ $1,276.82 Resolutions - Consent , . ~1) P. R. No.15011- A Resolution Awarding A Contract To K-T ~ Construction, . l~C In The Amount Of $23,600.~4, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group A-t), To Be Charged To Account No. 106-1425- ~ 571.59-00, Project No, RITA01(TDHCA Funds) Pro osed Resolution No.15011 was adopted becoming Resolution No. 08-496. , p (2) PL R. No.15013 - A Resolution Awarding A Contract ~To K-T Construction, LLC In The Amount Of $19,550.00, And Authorizing ~ The: Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties ~ (Group C-t), To Be Charged To Account No. 10G-1425- ~ 571.59-00, Project NoC RITA01(TDHCA Funds) Pro osed Resolution No.15013 was adopted becoming Resolution No. 08-497. ~ p (3) P. R. No.: 15014 - A Resolution Awarding A One Year ~ Contract For Automatic Transmission Service To AAMC4 : Transmissions Of Port Arthur, Texas ~ Pro osed Resolution No.15014 was adopted becoming Resolution No. 08-498, p 4 P. R. No.15028 - A Resolution Authorizing The City Of Port ~) Arthur To Support A Gang Resistance Education And ~ Training Grant (G.R.E.A.T.) In The Amount Of $49,959 With ; A Cash Match B The Ci Of Port Arthur In The Amount Of v ~r $5,551(Account No. 001-1101-521.92-00) Pro osed Resolution No.15028 was adopted becoming Resolution No. 08-499. ~ p 5 P. RL No. 15037- A Resolution Awarding A Contract To C) Inland Environments, LTD. In The Amount Of $52,388.04, City Council Minutes Regular Meeting - December 30, 2008 2 And Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of Four 4 Dan erous C) g Commercial Buildings Located At 616, 614, 630 & 634 Houston Avenue; To Be Charged To Account No. 303-1603- 591.59-00, Project No. CIP614 (EDC Funds) Proposed Resolution No.15037 was adopted becoming Resolution No. 08-500. (6) P. R. No. 15039 - A Resolution Authorizing The City Manager To Execute An Agreement With SCS Engineers Of Bedford, Texas To Provide Technical Guidance: For The Reconstruction Of The landfill Levee Damaged By Hurricane Ike For The Lump Sum Amount Of $6,500; Funding Being Available In Account 403-1274- 533.54-04 Proposed Resolution No.15039 was adopted becoming Resolution No, OS-501. (7) P. R. No. 15040 - A Resolution Accepting A Water Utilities Easement From SHIV SAR]AN, LLC For The Construction, Installation, laying, And Maintaining Of Water Utilities In The City Of Port Arthur ~ Proposed Resolution No.15040 was adopted becoming Resolution No. 08-502. (8) P. R. No. 15041- A Resolution Accepting A Water Utilities Easement From Hazel Ave Church ~f Christ For The Construction, Installation, laying, And Maintaining Of Water Utilities In The City Of Port: Arthur Proposed Resolution No.15041 was adopted becoming Resolution No. 08-503. (9) P. R. No. 15042 - A Resolution Rescinding The Contract With Quality Crete Construction For The Construction Of Sidewalks And Handicap Ramps Proposed Resolution No.15042 was adopted becoming Resolution No. 08-504. (10) P. R. No. 15043 - A Resolution Amending Resolution No. 08-347 INhich Adopted A Collective Bargaining Agreement With The International Association Of ~ Firefighters Local 397 Pro osed Resolution No.15043 was adopted becoming Resolution No. 08-505. p VII. ITEMS RE UIRING INDIVIDUALACTI~N - NON-CONSENT Q Resolutions - Consent ~ (11) P. R, No. 15045 - A Resolution Authorizing The Release Of , The Retainage In The~ Amount Of $13,150 For The Contract Dated ]ul 15, 2008 Between The City Of Port Arthur And y LC D. Construction, Inc. Of Beaumont, Texas For The Construction Of 90t" Street Concrete Pavin . Fundin 9 9 Bein Available In Project GO-861, 301-1601-591.86-00 , 9 Proposed Resolution No.15045 was held for individual discussion. (11) P. R. No. 15045 - A Resolution Authorizing The Release Of The Retainage In The Amount Of $13,150 For The Contract Dated ]ui 15, 2008 Between The City Of Port Arthur And y L. D. Construction, Inc. Of Beaumont, Texas For The Construction Of 90t" Street Concrete Pavin . Fundin g 9 Being Available in Project G0-861, 301-1601-591.86-40 City Council Minutes Regular Meeting - December 30, 2008 3 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember ~ Williamson that Proposed Resolution No.15045 be adopted. Public Works Director Ross Blackketter appeared before the City Council to address inquiries related to construction specifications for road stripping. Proposed Resolution No.15045 was adopted becoming Resolution No. 08-506. ~ , ; Voti~ng Yes:~ Mayor Prince; Mayor ~ Pro Tem~ Chatman; Councilmembers Segler, Beard, ~ ~~ ~~ ~ ~ ~~ Williamson~ and~~Henderson. ~ ~ ~ ~~ ~ ~ ~~ ~ ~ ~ ~ ~ ~~ ~ Voti~ng~ ~ No: ,~ ~ None~. ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ The~ caption ~of ~Resolution No. 08-506 reads as follows: ~~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ RESOLUTION N~O. . 08-506 ~ ~ ~ ~ ~ ~ ~ A ~ ~RESOLUTION AUTHORIZING TH E ~ ~ ~ ~~ ~~ RELEASE Of ~~ THE ~ RETAINAGE ~ IN THE ~ ~ ~ ~ ~ ~ ~ ~ ~~ AMOUNT~OF ~$13,150 FOR THE CONTRACT ~ ~ ~ ~ ~ ~ ~ ~ ~~~DAT~ED~ ~]ULY ~ 15, ~~~ 2~008 BETWEEN THE~ ~~ ~~ ~ CITY OF~PORT ~ ARTHUR ~ AND L.~ D. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~CONSTRUCTION, INC. OF ~ ~ BEAUM~NT, ~ ~ ~ ~~ ~ ~ ~ ~ TEXAS FOR THE CONSTRUCTION OF 9pT" ~~ ~ ~ ~~ STREET C~NCRETE ~ PAVING. ~ FUNDING ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ BEING~ AVAILABLE ~ IN~ ~PRO]ECT GO-861, ~ ~ ~ ~ ~~~ ~ ~ ~~301~-1~601-591.86-00 ~ ~ ~ ~ ~ ~ ~ A. ~1) Resol~utions P. R. No. 14970 - A Resolution Authorizing Acceptance Of An Engineer's Certificate Of Completion, Contractor's Certificate And Release, And Contractor's Certificate Of ~ Guarantee From Camellia Plaza, ~P For The Completion Of ~ The Public Water & Sewer Improvements Serving Camellia ~ Plaza, And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City ~f Port Arth u r, Texas The Mayor introduced the above-mentioned Proposed Resolution. U on the motion ~of Councilmember Henderson, seconded by Councilmember p Williamson and carried unanimously, 1~Proposed Resolution No. 14970 was adopted becoming Resolution No. 08-507. Votin Yes: Ma or Prince~ Ma or Pro Tem Chatman; Councilmembers Segler, Beard, 9 v , v Williamson and Henderson. Voting No: None. The ca t~on of Resolution.No. 08-507 reads as fol:lows: p RES4LUTION N0. 08-507 A RESOLUTION AUTHORIZING ACCEPTANCE OF AN ENGINEER'S CERTIFICATE OF COMPLETION, C4NTRACTOR'S CERTIFICATE AND RELEASE, AND CONTRACTOR'S CERTIFICATE OF GUARANTEE FROM CAMELLIA PLAZA, LP FOR THE C~MPLETION OF THE PUBLIC WATER & ~ City Council Minutes Regular Meeting - December 30, 2008 4, ~ SEWER IMPR~VEMENTS SERVING CAMELLIA PLAZA, AND AUTHORIZING THE CITY MANAGER TO SIGN THE , CERTIFICATE OF ACCEPTANCE ON . BEHALF OF THE CITY OF PORT ARTHUR, ~ T EXAS P. R. No.14978 - A Resolution As It Pertains To Port Arthur ~2) Camellia Estate, L.P, And The Payment Of $100,OOQ Due To . The Oversizing Of A lift Station The Mayor introduced the above-mentioned Proposed Resolution. . Upon the motion by Councilmember Henderson, seconded by Mayor Pro Tem Chatman . and carried unanimously, Proposed Resolution No, 14978 was adopted bec~ming ; Resolution No. 08-508. ~~ Voting Yes: Mayor Prince; ~layor Pro Tem Chatman; Councilmembers Segler, Beard,~~ - Williamson and Henderson. Voting Nof None. The caption of Resolution No, 08-508 reads as foClows: RESOLUTION N0. 08-508 A RESOLUTION AS IT PERTAINS T0 PORT ;, ~ ARTHUR CAMELLIA ESTATE, L.P. AND THE PAYMENT OF $100,000 DUE TO THE OVERSIZING OF A LIFT STATION 3 P. R. No. 15408 - A Resolution Approving A New , ~) Agreement Between The City Of Port Arthur And Mt. Tamalpais Investment Corp. The Ma or introduced the above-mentioned Proposed Resolution. Y , ; : The motion was made by Councilmember Henderson and seconded by Councilmember ; Williamson that Proposed Resolution No.15008 be adopted. ~ The motion was made b Councilmember Henderson to amend the agreement by Y removing time constraints and leasing rights. Councilmember Henderson withdrew his motion to amend. Councilmember Williamson requested an executive session item for the next rneeting to discuss the Mt. Tamalpais Investment agreement. ~ The motion was made b Councilmember Williamson and seconded by Councilmember ~~~ v Beard that Pro osed Resolution No.15008 be tabled. p . Proposed Resolution No.15008 was tabled. IV. PUBLIC HEARINGS - 9:04 AM To Consider Amendin Section 22 Of The Code ~f Ordinances To ~ 9 Add Pet Groomin As A Special Condition And Consider A g Specific Use Permit For A Pet Grooming Business In A , Residential Area The Ma or introduced the above-mentioned Public Hearing at 9:07 a.m. y , . 5 City Council Minutes Regular Meeting - December 30, 2008 ~ Planning and Grants Director Colleen Russell appeared before the Ci Council to ~ address amending the Code of Ordinances to include pet grooming businesses for conditional usage in residential areas. Councilmember Williamson stated: "For the~ record, I am in favor of the welfare of animals." The Mayor requested to hear from anyone present in the audience who wished to speak regarding the proposed code amendment. No one appeared before the City Council to address the above-mentioned item. Upon the motion by Councilmember Williamson, seconded by Mayor Pro Tem Chatman and carried unanimously, the City Council closed the Public Hearing at 9:17 a.m. (4) P. R. No.15031- A Resolution Appointing Or Reappointing A Member Or Members To The Construction Board Of Adjustments And Appeals The Mayor introduced the above-mentioned Proposed Resolution. Mrs. Vivian Bobb was nominated by Mayor Prince to the Construction Board of Adjustments and Appeals The motion was made by Cou:ncilmember Williamson and seconded by Councilmember Segler that ~Proposed Resolution No. 15031 be adopted with the appointment of Mrs. Vivian Bobb to the Construction Board of Adjus~ments and Appeals. . Proposed Resolution No,15031 was adopted becoming Resolution No. 08-509. , Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Beard, Williamson and Henderson. Voting No: None, : The caption of Resolution No. 08-509 reads as follows: RESOLUTION N0. 48-509 A RESOLUTI4N APPOINTING OR REAPPOINTING A MEMBER OR MEMBERS TO THE CONSTftUCTION BOARD Of ~ AD]USTMENTS AND APPEALS 5 P. R. No. 15044 - A Resolution Appointing And/Or C) Reappointing A Member ~r Members To The Beautification Commission . The Ma or ~introduced the above-mentioned Proposed Resolution. Y ~ Mr. Robert Florer was nominated by Councilmember Segler to the Beautification Commission. . Mr. Domingo Villarreyna was nominated by Mayor Pro Tem Chatman to the Beautification Commission: The motion was made b Councilmember Henderson and seconded by Mayor Pro Tem Y Chatman that Proposed Resolution No. 15044 be adopted with the appointments of Mr. Robert Florer and Mr. Domingo Villarreyna to the Beautification Cornmission. Pro osed Resolution No.15044 was adopted becoming Resolution No. 08-510. p City Council Minutes Regular Meeting - December 30, 2008 6 1 Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmem~ers Se ler, Beard 9 , , Williamson and Henderson. Voting No: Nonel The caption of Resolution No. 08-510 reads as follows: RESOLUTION N0. 08-510 A RESOLUTION APPOINTING AND/OR . REAPPO~NTING A MEMBER 4R MEMBERS TO THE BEAUTIFICATION COMMISSION B. Ordinances : . (1) P, 0. No. 5961 - An Ordinance Authorizing The Entering Into A Commercial Contract As To The Sale Of The Sabine Hotel, 600 Procter Street (South 70 Feet Of Lot 9, Lots 10, 11 And 12, Block 141, City Of Port Arthur Addition) The City Manager. introduced the above-mentioned Proposed Ordinance. First Assistant City Attorney Valecia Tizeno stated that no bid proposals were received and that the entity is no longer interested in purchasing the Sabine Hotel. ~ . The motion was made by Councilmember Henderson and seconded by Mayor Pro Tem Chatman that Proposed Ordinance No. 5961 be removed, Proposed Ordinance No. 5961 was removed. ~ City Attorney Mark Sokolow joined the Regular Meeting at 9:21 a.m. (2) P. 0. No. 5964 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, ; 2408 And Ending September 30, 2009 As :To Provide Additional Funding For The Police Department Salaries And For Civic Center Restoration The City Manager introduced the above-mentioned Proposed Ordinan~e. Upon the motion of Councilmember Henderson, seconded by Councilmember Segler and carried unanimously, Proposed Ordinance No. 5964 was adopted becoming Ordinance No. 08-125. Votin Yes:~ Ma or Prince~ Ma or~ Pro Tem Chatman; Councilmembers Segler, Beard, 9 v - v Williamson and-Henderson. Voting No: None. The ca tion of Ordinance No. 08-125 reads as follows: p ORDINANCE N0. 08-125 ~ ~ AN APPROPRIATION ORDINANCE ~ AMENDING THE BUDGET FOR THE : FISCAL YEAR BEGINNING OCTOBER 1, . 2~~8 AND ENDING SEPTEMBER 30, 2009 AS TO PROVIDE ADDITI4NAL FUNDING , FOR THE POLICE DEPA~RTMENT SALARIES AND FOR CIVIC CENTER REST4RATI~N ~ 3 5965 - An Ordinance As It Pertains To Annexing Land O That Was The Subject Of I:ndustrial. District Agreements , . ~ City Council Minutes ~ Regular Meeting - December 30, 2008 That Will Expire On December 31, 2008, land Ad'acent ] Thereto, As Well As Substations And Metering Locations The City Manager introduced the abo~e-mentioned Pro osed Ordinance. p City Attorney Sokolow requested that the executed Industrial District A reements with 9 TOTAL Petrochemicals, PRI~XAIR, PREMCOR, CHEVRON PHILLIP5, BASF (formerly the Sandoz Facility}, BASF AND TOTAL, BASF PETROCHEMICALS,. OXBOW, FLINT HILL RESOURCES, INE05 PHEN4L, CHEVRON USA be included in the Proposed Ordinance. The City Attorney reported that the Industrial District Agreement with Equilion has not _ been executed. He noted that the Equilion terminal would be annexed; and that the pipeline and the pipeline right-of-way would not be annexed at this time. ~ ~ ~ / 1\ 1/ \1 ~l 11 // . . Mr. Sokolow gave an overview of Exh~b~ts A, B, C and the legal descr~pt~ons~of the Proposed 4rdinance. The City Attorney reported the revised annexation ordinance would be forwarded to the Depar~ment of ]ustice. ~ ~ The motion was made by Councilmember Williamson and seconded~ by Councilmember Beard that Proposed Ordinance No. 5965 :be adopted as stated by the City Attorney. , . Assistant City Manager/Administration Rebecca Underhill appeared before the City Council to address inquiries related to property values. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Beard, Williamson and Henderson. Voting No; None. The caption of Ordinance No. 08-126 reads as follows: ~ DRDINANCE N0, ~8-126 AN ~RDINANCE AS IT PERTAINS T0 AN N EXING LAN D THAT WAS TH E SUBJECT OF INDUSTRIAL DISTRICT AGREEMENTS THAT WILL EXPIRE ON DECEMBER 31, 2008, LAND AD]ACENT ~THERETO, AS WELL AS SUBSTATIONS AND METERING L~CATIONS C. *Reports And Recommend:ations - None VIII. REPORTS OF 64ARDS & COMMITTEES - None ~ ~ IX. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Mavor Prince: Ma or Prince requested an agenda item to allocate budgetary funds for the clean-up y campaign "One Block at a Time". She announced the first meeting will be held at 6:00 .m. on January 8, 2008 in the DeQueen Elementary School Cafeteria. p _ Mavor Pro Tem Chatman: 1. Ma or Pro Tem Chatman requested a status report on Weed and Seed activities. Y 2. He requested information on hiring practices for individuals with criminal records. ~ 3. The Mayor Pro Tem requested a report on Sabine Pass residents living in tents. Councilmer~ber Beard: City Counci) Minutes ~ Regular Meeting - December 30, 2008 s 1. Councilmember Beard requested a cost anal sis concernin the ciean-u y 9 P - program and future maintenance. 2. He requested an agenda item to discuss parking vehicles in ards, citations and v public education. 3. The Councilmember reported inadequate street lightin on Memorial Boulevard 9 and noted security and public safety issues. Councilmember Williamson: 1. Councilmember Williamson requested an executive session item to discuss incentive agreements. . 2. He requested a status report on the housing demolition at 2430 Glenwood. 3. The Councilmember requested a report on proposed housing initiatives. 4. Councilmember Williamson requested a progress report on the replacement of damaged street signs. 5. He requested a status report on updating the Police Department's computer syste m . 6. The Councilmember requested a police crime report. Councilmember Henderson. 1. Councilmember Henderson suggested beginning preparations for Students in Government Day. 2. He requested installing a basketball cour~ in Griffing Park, 3. The Councilmember requested that a portion of Ninth Avenue through Highway 365 be designated as the "Roy Hayes Expressway". VII. ITEMS .REQUIRING INDIVIDUAL ACTION - NON-CONSENT Resolutions - Consent ~ (10) P. R. No. 15043 - A Resolution Amending Resolution No. ~ 08-347 Which Adopted A Collective Bargaining Agreement With The International Association Of Firefighters local 397 The Ma or re-introduced Proposed Resolution No. 15043 previously approved as Y Resolution No. 08-505. The Ci Attorne stated the follov~in amendment into the record: City Council Minutes Regular Meeting - December 30, 2008 Article 30, Wa es, Sectian I: Page 2, Includes signature Iines. " g U on the motion of Councilmember Henderson, seconded by Councilmembe~ Beard and p carried unanimously, Proposed Resolution No. 15043 was amended as stated-above by the City Attorney, Votin Yes: Ma or Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Beard, 9 v Williamson and Henderson. Voting No: None. The caption of Resolution No .08-505 reads as follows: - . 9. ORDINANCE N0. 08-126