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HomeMy WebLinkAboutMARCH 4, 2003REGULAR MEETING - March 4, 2003 ROLL CALL, INVOCATION & PLEDGE The City Council of the City of Port Arthur met in Regular Session on Tuesday, March 4, 2003 at 8:38 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Oscar G. Ortiz; Mayor Pro Tern Tom Henderson; Councilmembers Craig Hannah, Felix A. Barker, Rev. Ronnie Linden, Robert A. Bowers and Rose M. Chaisson; City Manager Steve Fitzgibbons; City Secretary Evangeline Green and City Attorney Mark T. Sokolow. The invocation was given by Mayor Pro Tem Henderson followed by the pledge to the flag. II. PROCLAMATIONS & MINUTES Minutes - Regular Meeting February 18, 2003 Upon the motion of Mayor Pro Tern Henderson, seconded by Councilmember Bowers and carried unanimously, the City Council approved the above-mentioned Minutes. Special Meeting February 24, 2003 Upon the motion of Mayor Pro Tern Henderson, seconded by Councilmember Bowers and carried unanimously, the City Council approved the above-mentioned Minutes. VIT. ITEMS REQUIRING INDIVIDUAL ACTION Consent- Resolution (2) P. R. No. 12099 - A Resolution Recognizing The Public Service Personnel Winners Of The Clarence E. Ridley Award For 2002. The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Bowers, seconded by Mayor Pro Tem Henderson and carried, Proposed Resolution No. 12099 was adopted becoming Resolution No. 03- 057. Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Linden, Bowers and Chaisson. Voting No: None. The caption of Resolution No. 03-057 reads as follows: RESOLUTION NO, 03-057 A RESOLUTION RECOGNIZING THE PUBLIC SERVICE PERSONNEL WINNERS OF THE CLARENCE E. RIDLEY AWARD FOR 2002. PETITIONS &COMMUNICATIONS A. Presentation Of 2002 Clarence E. Ridley Award (P. R. No. 12099) The following department heads appeared before the City Council and recognized the recipients of the award within their departments: Public Works Director Leslie McMahen introduced the following recipients: Terrance Gray Ronnie Norris Leo Randall Willie Cormier Derrick Holland Utility Operations Director Dan Shepherd introduced the following recipients: _loy Frazier Alfreda Samuels Sammie _1ones Clint Tanner Joe R. Williams Human Resources Asst. Director/Parks & Recreation [nterim Director Dr. Albert Thigpen introduced the following recipient: Edward Sylvester B. Speakers Alfred Dominic Regarding The Need For :lobs Because Of The Increase In The Economy Alfred Dominic, 145 West 15th Street, appeared before the Council and requested the need for jobs in this area become a priority and that a resolution to this situation be implemented. C. Correspondence The City Secretary read the following correspondence into the record per the request of Councilmember Linden: February 27, 2003 Mark T. Sokolow P.O. Box 1089 Port Arthur, Texas 77641 RE: Audit Report Dear IVlr. Sokolow: ! received your letter dated February 26th. In that letter, you describe that it is absolutely essential that ! respond immediately to a letter I got from Mr. Gayle Botley, back in November. When T got Mr. Botley's letter in November, T looked it over very carefully. The reason T didn't respond to the letter is that it is written in very broad terms and the requests he made were very broadly framed and I didn't think T could adequately respond. His first question asks if T have any knowledge of any fraud that has occurred. What definition of fraud do T use? T assume his question is do T have any knowledge of fraud having to do with the Economic Development Corporation. That is not what he asks. His second question inquires if I was aware or had any knowledge of anyone violating Section 12 of the contract and loan agreement. I certainly am aware of what appears to be violations. Am T certain? I am not going to go through the rest of the questions he asked me, but each question City Council Minutes March 4, 2003 2 was framed in a fashion that makes it almost impossible to answer in narrative form. We are all aware that the grand jury of this county ~s now conducting an investigation into the activities of the EDC. So, it is quite apparent that many people have reason to think some unusual activities occurred. T share those fears and do have some knowledge, which T am now and have always be prepared to share with the City Council, the grand jury or those persons handling lawsuits which involve the EDC. When ! was a member of the EDC board, ! appeared before the City Council and expressed my deep concern about the things that were going on. I say those things here because T want you or Mr. Botley or anyone else who inquires to be perfectly clear that ! will do anything to help. T am not willing to be used. Your letter goes further to say the city will subpoena me with a "deposition duces tecum". ! have never seen this phrase, but ! know what a deposition is and ! know that a duces tecum means. ! would be required to bring records or papers or something of that nature. I'll be more than glad to submit to a deposition. I cannot think of a single piece of paper ! have that the EDC doesn't have a copy of. ! have obtained some records from the City of Port Arthur, but again, ! know of none that the City doesn't already have. My fear, Mr. Sokolow, is that someone may take what I say and edit it in some fashion. ! do not want that to occur. [f what ! say is done in deposition, there will be a complete record of what I said. I then don't have to worry about anyone interpreting what I said. I want to help. I'll be happy to cooperate in any way I can. I do not feel now and never will, that I could intelligently answer the question posed by Mr. Botley in his letter of November 18th, Yours truly, /s/Irving Escaqne 8624 Lamplighter Port Arthur, TX 77642 ZV. PUBLZC HEARINGS - 9:00AM None V. UNFZNTSHED BUSZNESS (1) P. O. No. 5312 - An Ordinance Pertaining To The Rate Increase Of Southern Union Gas. Proposed Ordinance No. 5312 was held until after Executive Session but Council did allow the following persons to appear before them to speak regarding this matter: Mr. Bobby Enriquez, Acting Director of Operations Texas Gas Service, appeared before the Council and presented the "Southern Union Gas/Texas Gas Service Company Rate Proposal.' Ms. Stacey McTaggart, Southern Union Gas Director of Financial/Regulatory Analysis, 130! South Mopac Expressway (Suite 400), Austin, Texas appeared before the Council and answered questions regarding gas usage by residential customers and components of billing, including cost of gas and service. Mrs. Susan Westbrook, Austin, Texas, Managing Attorney Texas Gas Service, appeared before the Council and explained revenue fees, requirements/obligations under the franchise ordinance, separating services and providing customer security. City Council Minutes March 4, 2003 3 The City Attorney questioned the total increase for customers within the city and asked representatives for clarification of that increase. The following persons appeared before the Council to present verbal and written support for the Southern Union Gas/Texas Gas Service Company Rate Proposal: Cindy Fertita, Port Arthur, Texas. Representing the March of Dimes Debby Parker, 4127 Eugene, Representing North Port Arthur Lions Club Fred Davis, 4127 Eugene, Port Arthur Texas President of North Port Arthur Lions Club Arthur Thomas, 4937 Fort Worth, Port Arthur, Texas Marie Price, 3335 Roanoke, Port Arthur, Texas Roger Dixon, 6383 1~ Avenue, Port Arthur, Texas Hrs. Virginia Dudley Schoolfield, 1835 Snider Avenue, appeared before the Council and requested the item be tabled until a more detailed report could oe submitted. (2) P. O. No. 5313 - An Ordinance Adding Section 2-229 To The Code Of Ordinances As :[t Pertains To Communications With Regulatory Authorities By Public Utilities With A Penalty Not To Exceed $500 Per Violation And Providing For The Publication Thereof. Proposed Ordinance No. 5313 was held until after Executive Session. CONSENT AGENDA Upon the motion of Mayor Pro Tern Henderson, seconded by Councilmember Bowers, and carried unanimously, the following Consent Agenda items were adopted with the exception of Proposed Resolutions No. 12053 and 12107: Consideration And Approval Of Awarding A Bid For The Purchase Of One 20KW Generac Model SG020 Natural Gas Generator, Five Years Or 5,000-Hour Manufacturer's Extended Warranty, A Six-Foot High Gated Brick Enclosure, Automatic Transfer Switch And :[nstallation To Bayou Electric, Inc., Of Orange, Texas :[n The Amount Of $18,650 For The Port Arthur Civic Center. Consideration And Approval Of Awarding A Bid For The Purchase Of Small Tools And Equipment For The New Pierce 1500 GPM Fire Engine For #5 Fire Station To The Following Vendors: Dooley Tackaberry Of Houston~ TX Tn The Amount Of $11,099.89, Chief Supply Of Eugene~ OR Tn The Amount Of $10,198.31, NAFECO, Tnc., Of Decatur, AL In The Amount Of $3,376.50 And Casco :[ndustries :[nc. Of Pasadena~ TX In The Amount Of $1,460.00. C. Consideration And Approval Of Awarding A Bid For The Rental Of Chemical Toilets To American Waste Services, :[nc., (With The Option To Renew For Two Additional Years) :[n The Estimated Amount Of $10,145 For Various City Parks And Special Events Throughout The Year. City Council Minutes March 4, 2003 4 D. Expense Accounts: Mayor Oscar G. Ortiz: Attend Port Arthur Day Tn Austin, February 2 - 4, 2003 $ 888.19 Mayor Pro Tem Tom Henderson: Attend Port Arthur Day tn Austin, February 2 - 4, 2003 647.51 Councilmember Felix A. Barker: Attend Port Arthur Day Tn Austin, February 2 - 4, 2003 $ 619.31 Councilmember Michael ~Shane" Sinegah Attend Port Arthur Day Tn Austin, February 2 - 4, 2003 $ 807.65 City Manager Steve Fitzgibbons: Attend Port Arthur Day Tn Austin, February 2 - 4, 2003 $ 402.50 City Attorney Mark Sokolow: Use Of Personal Auto On City Business, 3anuary 30 - February 24, 2003 $ 51.63 Attend Port Arthur Day Tn Austin, February 2 - 4, 2003 $ 230.65 Attend Seminar Tn Houston, TX, February 20, 2003 $ 350.67 Resolutions - Consent (3) P. R. No. 12100 - A Resolution Authorizing The Rejection Of The Only Bid For The Construction Of The Hike And Bike Trail Due To The Bid Exceeding The Available Budget Tn CTP S07, And That The Only Bidder Be Tnformed Of Such Action. Proposed Resolution No. 12100 was adopted becoming Resolution No. 03-058. (4) P.R. No. 12102 - A Resolution Authorizing Amendment No. ! To Grant Agreement No. 51320F1020 With The Texas Department Of Transportation To Provide For Transit Operating Funds. Proposed Resolution No. 12102 was adopted becoming Resolution No. 03-059. (5) P. R. No. 12104 A Resolution Approving Sewer Adjustments To Certain Utility Accounts. Proposed Resolution No. 12104 was adoptecJ oecoming Resolution No. 03-060. (6) P. R. No. 12105 - A Resolution Authorizing The City Manager To Execute Contracts As Follows: Three (3) Contracts Between The Port Acres Little League And The City Of Port Arthur For The Use Of Eagles Field, Pee Wee Field And Miguez Field This Spring. Proposed Resolution No. 12105 was adopted becoming Resolution No. 03-061. City Council Minutes March 4 2003 5 VTI. ITEMS REC~UIRING INDIVIDUAL ACTION - NON-CONSENT Consent- Resolutions (1) P. R. No. 12053 - A Resolution Authorizing A Mowing Contract Between The City Of Port Arthur And Perfect Cut Lawn Care, 4140 Pradice, Beaumont, Texas 77705 For Groups "II" And "VIIT"; Said Annual Contract Is For Mowing Various City Properties, Parks And Right-Of-Ways Tn The City; Estmated Annual Cost $10,170 Tn Fiscal Year 2003. Proposed Funding: Parks Division FY 2003 Budget Account No. 001-1207-531.31-00. Said Contract Is For One (1) Year With Optional Renewal For Up To Two (2) Additional Years. 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. 12053 be adopted. The City Attorney requested the caption of Proposed Resolution No. 12053 be corrected within the posted Agenda to read Groups "II" and "VHI" instead of "H" and "VII". Interim Parks Director Dr. Albert Thigpen appeared before the Council and confirmed the caption should read Groups "II" and "VIII" as it appears in the proposed resolution document. Proposed Resolution No. 12053 was adooted becoming Resolution No. 03-062. Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Linden, Bowers and Chaisson. Voting No: None. The caption of Resolution No. 03-062 reads as follows: RESOLUTION NO, 03-062 A RESOLUTION RENEWING A MOWING CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND PERFECT CUT LAWN CARE, 4140 PRADICE, BEAUMONT, TX 77705 FOR GROUPS "II" AND "VII"; SAID ANNUAL CONTRACT IS FOR MOWING VARIOUS CITY PROPERTIESf PARKS AND RIGHT-OF'WAYS IN THE CITY; ESTIMATED ANNUAL COST $10,170.00 TN FISCAL YEAR 2003. PROPOSED FUNDING: PARKS DIVISION FY 2003 BUDGET ACCOUNT NO. 001-1207-531.31-00. SAID CONTRACT IS FOR ONE (1) YEAR WITH OPTIONAL RENEWAL FOR UP TO TWO (2) ADDITIONAL YEARS. (7) P. R. No. 12107 - A Resolution Authorizing An Award For A Seven-Passenger Van For The Community Prosecution Program. Account (Account No. 132-1021-514-59.00). The Mayor introduced the aDove-mentioned Proposed Resolution. The motion was made by Councilmember Bowers and seconded by Mayor Pro Tern Henderson that Proposed Resolution No. 12107 oe adopted. City Council Minutes March 4. 2003 6 The City Attorney gave an overview of the Community Prosecution Grant Program that includes Teen Court and the use of Community Service defendants throughout the city. He also stated that a portion of the federally allocated grant funds, can oe used for the lease of a van and that this proposed resolution is the formal request to spend the money budgeted for the van. Proposed Resolution No. 12107 was adopted becoming Resolution No. 03-063. Voting Yes: Hayor Ortiz; Hayor Pro Tem Henoerson; Councilmembers Hannah, Barker, Linden, Bowers and Chaisson. Voting No: None. The caotion of Resolution No. 03-063 reads as follows: RESOLUTION NO. 03-063 A RESOLUTION AUTHORIZING AN AWARD FOR A SEVEN-PASSENGER VAN FOR THE COMMUNITY PROSECUTION PROGRAM. ACCOUNT ([ACCOUNT NO. 132-1021-514-S9.00). A. Resolutions P. R. No. 10279 - A Resolution Authorizing The Mayor And City Manager To Sign Two (2) Replats Of Reserve "F", Replat Of Marina Colony Subdivision, A Subdivision On Pleasure Island On Behalf Of The City Of Port Arthur. (Requested By The Pleasure Island Commission) 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. 10279 be adopted. iVlayor Pro Tern Henoerson encouraged the Council to pass the above-mentioned Proposed Resolution forwarding it to the Planning and Zoning Commission for a ruling and not delay future action to resolve the situation in other areas by the parties involved. Planning/Grants Director Dale Watson appeared before the Council and presented an overview of the process and guidelines the Planning and Zoning Commission will follow if the above-mentioned Proposed Resolution is passed. The City Attorney explained that although the balloting for a change in deed restrictions presented by the Pleasure Tsland Commission did pass, the required percentage of lot owners to make the proposed changes did not turn out to vote. The following roll call vote was taken on the motion to adopt Proposed 10279: Councilmember Barker Councilmember Bowers Councilmember Chaisson Councilmember Hannah Mayor Pro Tem Henderson Councilmember Linden Mayor Ortiz "Yes" "Yes" "Yes" "Yes" "Yes" "No" "Yes" Resolution No. Proposed Resolution No. 10279 was adopted becoming Resolution No. 03-064. City Council Minutes March 4, 2003 7 The caption of Resolution No. 03-064 reads as follows: RESOLUTTON NO. 03-064 A RESOLUTION AUTHORZZING THE MAYOR AND CITY MANAGER TO SIGN TWO (2) REPLATS OF RESERVE "F", REPLAT OF MARINA COLONY SUBDIVISIONf A SUBDIVISION ON PLEASURE ISLAND ON BEHALF OF THE CZTY OF PORT ARTHUR. (REQUESTED BY THE PLEASURE ISLAND COMMISSl~ON) (2) P. R. No. 12096 - A Resolution Supporting All Actions To Abate Any And Ail Nuisances As They Pertain To The Bessie Heights Marsh. The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Linden, seconded by Councilmember Bowers, and carried, Proposed Resolution No. 12096 was adopted becoming Resolution No. 03-065. Voting Yes: Mayor Ortiz; t4ayor Pro Tern Henderson; Councilmembers Hannah, Barker, Linden, Bowers and Chaisson. Voting No: None. The caption of Resolution No. 03-065 reads as follows: RESOLUTION NO. 03-065 A RESOLUTION SUPPORTING ALL ACTTONS TO ABATE ANY AND ALL NUISANCES AS THEY PERTAIN TO THE BESSIE HEIGHTS MARSH. (3) P. R. No. 12108 - A Resolution Appointing Members To The Port Arthur Youth Advisory Council. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Bowers and seconded by Councilmember Barker that Proposed Resolution No. 12108 be adopted. The City Secretary announced Angelica Broussard, 3831 35~e Street, as Councilmember Bowers' appointment to the YAC Council. Councilmember Linden requested the following report by Youth Advisory Council Coordinator Doris Gill be made a part of the record: From: Date: Subject: Mayor Ortiz and City Council Members Doris, Youth Advisory Council Coordinator March 3, 2003 Report On YAC Summit in Killeen, Texas - March 1-2, 2003 I attended the YAC summit with four student representatives from our Port Arthur City YAC Council and Dr. Thigpen (He drove the van for us). The student reps were ]effery Joseph (8th grade), Charles Prince (9th grade), Elyssa Washington (9th grade) and Melea Linden (10th grade). City Council Minutes March 4, 2003 8 The conference was very well organized. The kids received free t-shirts, souvenir Dags, and exchanged city pros. The student attendance was reported to be 218 kids. The students came from twenty-three cities across our state. There were also lots of adult sponsors present. The participating councils are listed on the back of the attached program. The sessions were excellent. The students served as facilitators. ! learned a lot about the problems facing our youth today. They face some very serious issues. Students from all over talked about teen pregnancy, drug use, vandalism, ano gang violence as being big concerns. These were the concerns in both the large ano small/suburban and urban communities. Student YAC members talked about ways to help each other cope with these issues. It was very enlightening. They were very open about their concerns. They also talked at)out service projects that they had been doing. ! was impressed with the dedication the students showed to helping their community ano helping their friends who were having trouble coping with life issues. Our students were terrific. They represented us very well and even participated in the Talent Show - the YAC Attack. They were well received. They put together an act that morning to oresent at noon. The overall student talent was good and the presenters were quite informative. On Sunday, awards were issued. We received two! WOW!! We were real y excited. They were for (1) Newest Group ano (2) Most Distance Traveled. At the close of the conference, three students summarized what they got out of the conference..leffery 3oseph (from our group) was one of the three. He did a great job of expressing his views. The kids did a lot of cheering and bonding. They met lots of new kids, made ots of new friends, ancJ left feeling energized about getting our YAC off to a great start. Our next meetinq is March 18m at 4:30 p.m. The group will be presented at the Council meeting at 5:30 p.m. They will share their plaques with you then. Aq-I'ACHMENT Cc: Steve Fitzgibbons The Mayor commended Councilmember Linden for his vision in creating the Port Arthur Youth Advisory Council. Proposed Resolution No. 12108 was adopted becoming Resolution No. 03-066. Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Linden, Bowers and Chaisson. Voting No: None. The caption of Resolution No. 03-066 reads as follows: RESOLUTTON NO. 03-066 A RESOLUTTON APPOt'NTI'NG MEMBERS TO THE PORT ARTHUR YOUTH ADVI'SORY COUNCI'L. City Council Minutes March 4, 2003 9 B. Ordinances (1) P. O. No. 5137 An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By G ranting A Specific Use Permit For A Tavern/Lounge [n The Planned Development - 11 District On Lots 19-24, Block 130, City Addition, Port Arthur, 3efferson County, Texas (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided [n Section 1-13 Of The Code Of Ordinances As Amended By Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And Providing For Publication Zn The Official Newspaper Of The City Of Port Arthur And Effective Zmmediately After Publication Date. (Z02-04 DAVZDSON - 625/639/641 Procter Street) The Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Bowers and seconded by Councilmember BarKer that Proposed Ordinance No. 5137 be adooted. Councilmember Linden requested that the Proposed Ordinance department cover letter from Planning Director Dale Watson be reao into the record: From: Subject: Date: Steve Fitzgibbons, City Manager Dale L. Watson, director of Planning P.O. No. 5127 - Zoning Ordinance Amendment Z02-04 (Davidson) 02/21/03 RECOMMENDATION: The Planning and Zoning Commission recommends that Proposed Ordinance No. 5137 be approved. This Ordinance would grant a Specific Use Permit in Planned Development District - 11 for a Tavern or Lounge. BACKGROUND: The applicant proposes to open an entertainment center at 625 Procter Street, a pool hall at 639 Procter and a small lounge with dancing at 641 Procter. The Planning and Zoning Commission at its meeting on Monday, 3anuary 6, 2003 recommended that this request be approved. They felt that the proposed use was appropriate for the downtown area. They felt that redevelopment of the downtown would be in the arts and entertainment area and that Crockett Street provides a good example of what could be done. They did recommend that no alcohol be sold in the Pool Hall until after 6:00 P.M. on weekdays. BUDGETARY/FTSCAL EFFECT: None STAFFiNG/EMPLOYEE EFFECT: None City Council Minutes March 4, 2003 10 SUMMARY: The Planning and Zoning Commission recommends that Proposed Ordinance No. 5137 be approved. Assistant Police Chief Mark Blanton appeared before the Council and answered inquiries regarding background investigations and discussed procedures for police department monitoring of establishments of this type. Planning and Zoning Director Dale Watson appeared before the Council and stated that the Planning and Zoning Commission's recommending approva of the requested specific use permit. Hr. William Davidson, 4805 Redbird, appearecJ before the Council to clarify his projected plans for his proposed entertainment center. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 5137: Councilmember Barker Councilmember Bowers Councilmember Chaisson Councilmember Hannah Mayor Pro Tem Henderson Councilmember Linden Mayor Ortiz "Yes" "Yes" "Yes" "Yes" ~Yes' "Yes" "Yes" Proposed Ordinance No. 5137 was adopted becoming Ordinance No. 03-008. Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Linden, Bowers and Chaisson. Voting No: None. The caption of Ordinance No. 03-008 reads as follows: ORDINANCE NO. 03-008 AN ORDZNANCE AMENDI'NG THE ZONI'NG ORDi'NANCE OF THE CTTY OF PORT ARTHUR BY GRANTt'NG A SPECI'FI'C USE PERMt'T FOR A TAVERN/LOUNGE LN THE PLANNED DEVELOPMENT ' 11 DISTP~CT ON LOTS 19-24~ BLOCK 130, CITY ADDITION, PORT ARTHUI~ 3EFFERSON COUNTY~ TEXAS (VTOLATTON OF THIS ORDINANCE OR THE ZONING ORDINANCE OF THE CITY OF PORT ARTH UR IS PUNISHABLE AS PROVIDED TN SECTION 1-13 OF THE CODE OF ORDINANCES AS AMENDED BY FINE NOT EXCEEDTNG TWO THOUSAND [$2,000.00] DOLLARS); AND PROVIDING FOR PUBLICATION IN THE OFF1~CIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER PUBLICATION DATE. (Z02-04 DAVIDSON ' 625/639/641 PROCTER STREET) (2) P. O. NO. 5318 - An Ordinance Authorizing The Assignment Of Assessment Liens To First American Title Insurance Corn pany For Full Payment Thereof. City Council Minutes March 4, 2003 The 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. 5318 be aoopted. Upon the motion of Councilmember Bowers, seconded by Councilmember Linden and carried una ~imously, Proposed Ordinance No. 5318 was tabled. (3) P, O, No, 5319 An Ordinance Authorizing A Special Warranty Deed Of Property To Harcus & Rachel 3acquet, The Manager introduced the above-mentioned Proposed Ordinance. The motion was mac~e by Councilmember Bowers and seconded ~y Mayor Pro Tern Henderson that Proposed Ordinance No. 5319 be adopted. Planning/Grants and Housing Director Dale Watson appeareo before the Council anc~ gave a history of the property being purchased under the Housing Opportunities of Texas Program by the city ano the eventual proposed sale to the above-mentioned buyers. Proposed Ordinance No. 5319 was adooted becoming Ordinance No. 03-009. Voting Yes: Mayor Ortiz; Mayor Pro Tern Henderson; Councilmembers Hannah, ~3arker, Linden, Bowers and Chaisson. Voting No: None. The caption of Ordinance No. 03-009 reads as follows: ORDINANCE NO. 03-00g AN ORDINANCE AUTHORIZING A SPEC[AL WARRANTY DEED OF PROPERTY TO MARCUS & RACHEL 3ACQU ET. C. *Reports And Recommendations (5) Status Report On Renovation Plans For Barbara Jacket Park Mr. Ron ArceneaL,x President and Joe Wilson Project Manager of Arceneaux and Gates Consulting Engineers, Inc., 3501 Turtle Creek, appeared before the Council and presented the above-mentioned report. (1) 3anuary, 2003 Financial Report Finance Director Rebecca Underhill presented the above-mentioned report. Utilities Operations Director Dan Shepherd appeared before the Council and gave an overview of the drop 'n consumption and usage of water during the winter months. Finance Director Rebecca Underhill confirmed that the consumption of water is aown by eight percent. (2) Report On IASZS Healthcare - Proposed New Hospital The City Manager requested the above-mentioned report be held. (3) Report On CDBG Requests City Council Minutes March 4. 2003 12 Planning/Grants Director Dale Watson presented the above-mentioned report. (4) Report On March 20, 2003 TML Region 16 Meeting To Be Held Tn Nacogdoches, Texas The City Manager presented the above-mentioned report. (6) Report On Ordinance 01-20 And Policy Pertaining To Travel Expenses (Requested By Mayor Ortiz) Mayor Ortiz presented the above-mentioned report and requested C:ouncilmember Linden partner with him and staff to simplify the procedures to validate the C:ouncils per diem expenses on their trips. The City council recessed their meeting at 11:35 a.m. and reconvened at 1:16 p.m. with the following members present Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Barker, Gillam, Linden, Bowers and Chaisson; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. Councilmember Gillam arrived at the meeting at 1:16 p.m. VIII. REPORTS OF BOARDS & COMMITTEES None TX. *CLOSED MEETZNG (EXECUTZVE SESSION) Closed Meetino: (1) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Southern Union Gas Or ONEOK. (2) Section 551.071 & 551.074 Government Code - To Discuss With The City Attorney Potential Litigation As Tt Pertains To EDC Grantees. (3) Section 551.087 Government Code - To Discuss Economic Incentives As zt Pertains To Healthcare, Commercial And Zndustrial Projects. (4) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Contract With Linebarger Goggan Blair Pena & Sampson, gL.P., As It Pertains To The Collection Of Municipal Court Fines And Pending And Prospective Litigation Pertaining Thereto. (5) Section 551.071 Government Code - To Discuss With The City Attorney The Status Of The Audit And Prospective Litigation Pertaining Thereto. (6) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Litigation Concerning hlills Vs. The City. (7) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As Tt Pertains To Argosy Apartments (Harvard Stephens). (8) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Condemnation Of The Trahan Tract. The City Council recessed their meeting at 1:19 p.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 3:45 p.m. with the following members present: Mayor Ortiz; Mayor Pro Tern Henderson; City Council Minutes March 4, 2003 13 Councilmembers Hannah, Barker, Gillam, Linden and Bowers; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. Councilmember Chaisson left the meeting during Executive Session at 3:00 p.m. V. UNFINISHED BUSINESS (1) P. O, No. 5312 - An Ordinance Pertaining To The Rate Increase Of Southern Union Gas. The City Manager introduced the above-mentioned Proposed Ordinance. The City Attorney read into the record the following change made to Exhibit "D" of Proposed Ordinance No. 5312: Exhibit ~D': The rate increase filed by Southern Union Gas now ONEOK, on or about November 5, 2002, is herein approved subject to the agreement of Southern Union Gas, now ONEOK to give the citizens of Port Arthur the benefits of any Railroad Commission ruling, including refunding, if ordered, of monies to the effective date of the rate filing (12/17/2002) for the South Jefferson County area. If Southern Union Gas, now ONEOK does not agree to the terms hereof by March 10, 2002, then the rate increase is denied. Susan Westbrook, Austin, Texas, Texas Gas Service appeared before the Council and stated that the terms outlined in Exhibit "D" are acceptable and that the gas company does agree to those stipulations. Upon the motion of Councilmember Linden, seconded by Councilmember Gillam, and carried, Proposed Ordinance No. 5312 was adopted as amended by the City Attorney becoming Ordinance No. 03-010. Voting Yes: Mayor Ortiz; Mayor Pro Tem Henderson; Councilmembers Hannah, Baker, Gillam, Linden and Bowers. Voting No: None. The caption of Ordinance No. 03-010 reads as follows: ORDINANCE NO. 03-010 AN ORDINANCE PERTAIN/NG TO THE RATE INCREASE OF SOUTHERN UNION GAS. (2) P. O. No. 5313 - An Ordinance Adding Section 2-229 To The Code Of Ordinances As It Pertains To Communications With Regulatory Authorities By Public Utilities With A Penalty Not To Exceed $500 Per Violation And Providing For The Publication Thereof. The Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Linden, seconded by Mayor Pro Tem Henderson and carried unanimously, Proposed Ordinance No. 5313 was removed from the Agenoa. VII. ITEMS REQUIRING INDIVIDUAL ACTION City Council Minutes March 4, 2003 14 (2) P.O. No. 5318 - An Ordinance Authorizing The Assignment Of Assessment Liens To First American Title [nsurance Company For Full Payment Thereof. The City Attorney requested that Proposed Ordinance No. 5318 be reconsidered for adoption. Upon the motion of Councilmember Linden, seconded by Councilmember Bowers and carried unanimously, tabled Proposed Ordinance No. 5318 was approved for reconsideration. Upon the motion of Councilmember Linden, seconded by Mayor Pro Tem Henderson and carried, Proposed Ordinance No. 5318 was adopted becoming Ordinance No. 03-011. Voting Yes: Mayor Ortiz; Mayor Pro rem Henderson; Councilmembers Hannah, Barker, Gillam, Linden ana Bowers. Voting No: None. The caption of Ordina nce No. 03-011 reads as follows: 0 RDtNANCE NO. 03-011 AN ORDZNANCE AUTHORIZtNG THE ASSIGNMENT OF ASSESSMENT LTENS TO F]RST AMERICAN TITLE INSURANCE COMPANY FOR FULL PAYMENT THEREOF. X. FUTURE AGENDA ZTEMS OR RE(~U ESTED REPORTS Mayor Pro Tem Henderson: Requested a resolution on the next Council Agenda to appointment/re- appoint members to the Housing Finance Corporation. Councilmember Barker: Requested a status report on the Students in Government Days, proposed by Mayor Pro Tern Henc~erson that was successfully implemented on last year. tX. AD3OURNMENT OF MEETTNG Upon the motion of Mayor Pro Tem Henderson, seconded by Councilmember Hannah and carried unanimously, the City Council adjourned their meeting at 3:55 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 Al-rEST: CITY SECRETARY END OF REGULAR MEETING HELD March 4, 2003 APPROVED: City Council Minutes March 4. 2003 15