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Home My WebLink AboutAPRIL 29, 2003 - JOINT SPECIAL3OINT SPECIAL MEETING - April 29, 2003 I. ROLL CALL, INVOCATION & PLEDGE The City Council of the Cib/of Port Arthur met in Special Session on Tuesday, April 29, 2_003 at 1:47 p.m. in the Cib/Council £hamber, City Hall, with the following members present: Mayor Oscar G. Ortiz; Councilmembers C'rai§ Hannah, Felix A. Bari(er, Tom Gillam, III., Rev. Ronnie Linden, Robert A. Bowers, Rose Chaisson and Michael "Shane" Sinegal; City Manager Steve Fitzgibbons; City Secretary Evangeline Green and City Attorney Mark T. Sokolow. The Section 4A Economic Development Corporation of the City of Port Arthur joined the City Council in Special Session with the following members present: EDC Directors Martin Flood, Paula Richardson, .1. B. Hathaway, Allen .1. Watson, Sr.; Advisory Director Alonzo Edmund; Executive Director Ike Mills; EDC Attorney ]im Wimberly and EDC Secretary Bobby Mitchell. Mayor Ortiz and EDC Director Martin Flood filed a "Conflict of Interest" document with the City Secretary and recused themselves from discussion or action pertaining to the following items. Councilmember Linden and EDC Director Paula Richardson presided. III. *CLOSED MEETING (EXECUTIVE SESSION) Closed Meetinq: (1) Section 551.087 Government Code - To Discuss Economic Incentives As It Pertains To Healthcare And Commercial Projects. (2) Section 551.072 Government Code - To Discuss Value Of Land For The Extension Of Jimmy 3ohnson And Ancillary Landscaping Easement. The City Council along with the Section 4A Economic Development Corporation Directors recessed their meeting at 1:50 p.m. to consider the above-mentioned topics, and reconVened their meeting at 3:33 p.m. with the following members present:. Councilmembers Hannah, Barker, Gillam, Linden, Bowers, Chaisson and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow and EDC Directors Richardson, Hathaway and Watson; Executive Director Mills, EDC Attorney Wimberly and EDC Secretary Bobby Mitchell. II. ITEMS REQUIRING INDIVIDUAL ACTION Resolutions (1) P. R. No. 12165 - A Resolution Authorizing The Executive Director Of The City Of Port Arthur Section 4A Economic Development Corporation To Execute A Design/Build Agreement With LaGrone Services, Inc., And Carney Engineering As Well As To Execute The Economic Incentive Agreement With IASIS Healthcare, Williams & Rao L.P. And War Horse Development Corporation. Councilmember Linden introduced the above-mentioned Proposed Resolution. The following motion was made by EDC Director Hathaway: A motion to approve the economic incentive agreement with lASTS Health Care, Williams and Rao, War Horse and the City, add the amended provisions in Section 12 as to conflicts as prepared by Mr. Wimberly, and separate out the Design/Build Contract with LaGrone and Carney for additional discussion to be set for the meeting of Hay 6, 2003. The motion was seconded by EDC Director Watson. The following roll call vote was taken on the motion for the EDC Board of Directors to adopt Proposed Resolution No. 12165: EDC Director Hathaway EDC Director Richardson EDC Director Watson ~Yes' ~Yes' 'Yes' The Section 4A Port Arthur Economic Development Corporation adopted Proposed Resolution No. 12165. The same motion made by EDC Director Hathaway to approve only the economic incentive agreement as delineated above, was made by Councilmember Bowers and seconded by Councilmember Barker. Hr. T. Craig Carney, P.E., 3005 Ridge Hollow Drive, Piano, Texas, appeared before the Counci/EDC Board and discussed the economic incentive agreement. Mr. Kerry R. LaGrone, 13810 Champion Forest Drive, Houston, Texas, President LS! General Contractors and Construction Managers, appeared before the Council/EDC Board to address questions. Presiding Chair Councilmember Linden appointed EDC Director Richardson and Councilmember Hannah to represent the EDC/Council in subcontractor discussions with Mr. LaGrone and Mr. Carney. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 12165: Councilmember Barker Councilmember Bowers Councilmember Chaisson Councilmember Gillam Councilmember Hannah Councilmember Singegal Councilmember Linden ~Yes- "Yes" ~Yes" ~Yes- "Yes' -Yes- -Yes- Proposed Resolution No. 12165 was adopted becoming Resolution No. 03-114. The caption of Resolution No. 03-114 now reads as follows: RESOLUTION NO. 03-114 A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE CIlry OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO EXECUTE THE ECONOMIC INCENTIVE AGREEMENT WITH IASIS HEALTHCARE, WILLIAMS & RAO L.P. AND WAR HORSE DEVELOPMENT CORPORATION. City Council Minutes April 29, 2003 2 (2) P. R. No. :12166 - A Resolution Approving Sales Tax Revenue Bonds As It Pertains To The Section 4A Economic Development Corporation. Councilmember Linden introduced the above-mentioned Proposed Resolution. The motion was made by EDC Director Watson and seconded by EDC Director Hathaway that Proposed Resolution No. 12166 be adopted. The following roi call vote was taken on the motion to adopt Proposed Resolution No. 12166: EDC Director Hathaway EDC Director Richardson EDC Director Watson "Yes" "Yes" -Yes- Upon the motion of Councilmember Bowers, seconded by Councilmember Barker and carried Proposed Resolution No. 12166 was adopted becoming Resolution No. 03~115. Voting Yes: CouncJlmembers Linden, Hannah, Barker, Gillam, Bowers, Chaisson and $inegal. Voting No: None. The caption of Resolution No. 03-115 reads as follows: RESOLUTION NO. 03-11S A RESOLUTZON APPROVING SALES TAX REVENUE BONDS AS ZT PERTAINS TO THE SECTION 4A ECONOMIC DEVELOPMENT CORPORATION. (3) P. R, No. 12167 - A Resolution Authorizing The Port Arthur Section 4A Economic Development Corporation Executive Director To Execute An Engagement Letter Between The Port Arthur Section 4A Economic Development Corporation And Vinson & Elkins, L.L.P. Councilmember Linden introduced the above-mentioned Proposed Resolution. The motion was made by EDC Director Watson and seconded by EDC Director Hathaway that Proposed Resolution No. 12167 be adopted. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 12167: EDC Director Hathaway EDC Director Richardson EDC Director Watson "Yes" "Yes" "Yes" Upon the motion of Councilmember Bowers, seconded by Councilmember $inegal and carried, Proposed Resolution No. 12167 was adopted becoming Resolution No. 03-116. Voting Yes: Councilmembers Linden, Hannah, Barker, Gillam, Bowers, Chaisson and Sinegal. Voting No: None. City Council Minutes April 29, 2003 3 The caption of Resolution No. 03-116 reads as follows: RESOLUTTON NO. 03-116 A RESOLUTION AUTHORIZING THE PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION EXECUTZVE DIRECTOR TO EXECUTE AN ENGAGEMENT LETTER BETWEEN THE PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND VINSON & ELKTNS~ L.L.P. (4) P. R. No. 12168 - A Resolution Authorizing The Port Arthur Section 4A Economic Development Corporation Executive Director To Execute A Financial Advisory Agreement With First Southwest Company. Councilmember Unden introduced the above-mentioned Proposed Resolution. Upon the motion of EDC Director Hathaway, seconded by EDC Director Watson and carried, Proposed Resolution No. 12168 was adopted. Voting Yes: EDC Directors Richardson, Hathaway and Watson. Voting No: None. Upon the motion of Councilmember Gillam, seconded by Councilmember Bowers and carried, Proposed Resolution No. :[2168 was adopted becoming Resolution No. 03-117. Voting Yes: Councilmembers Linden, Hannah, Barker, Gillam, Bowers, Chaisson and Sinegal. Voting No: None. The caption of Resolution No. 03-117 reads as follows: RESOLUTZON NO. 03-117 A RESOLUTION AUTHORIZING THE PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION EXECUTZVE DIRECTOR TO EXECUTE A FZNANCIAL ADVISORY AGREEMENT WZTH FZRST SOUTHWEST COMPANY. (5) P. R. No. 12169 - A Resolution Expressing Intent To Finance Expenditures To Be Incurred. Councilmember Linden introduced the above-mentioned Proposed Resolution. Upon the motion of EDC Director Hathaway, seconded by EDC Director Watson and carried, Proposed Resolution No. 12169 was adopted. Voting Yes: EDC Directors Richardson, Hathaway and Watson. Voting No: None. Upon the motion of Councilmember Bowers, seconded by Councilmember Gillam and carried, Proposed Resolution No. :12169 was adopted becoming Resolution No. 03-118. City Council Minutes April 29, 2003 4 Voting Yes: Councilmembers Linden, Hannah, Barker, Gillam, Bowers, Chaisson and Sinegal. VDting No: None. The caption of Resolution No. 03-118 reads as follows: RESOLUTION NO. 03-118 A RESOLUTI'ON EXPRESSt'NG I'NTENT TO FI'NANCE EXPEND1'TURES TO BE t'NCURRED. (6) P. R. No. 12170 - A Resolution Authorizing The Port Arthur Section 4A Economic Development Corporation Executive Director To Execute A Purchase Agreement With Sun NLF, A Limited Partner. Councilmember Linden introduced the above-mentioned Proposed Resolution. Upon the motion of EDC Director Hathaway, seconded by EDC Director Watson and carried, Proposed Resolution No. 12170 was adopted. Voting Yes: EDC Directors Richardson, Hathaway and Watson. Voting No: None. Upon the motion of Councilmember Gillam, seconded by Councilmember Bowers and carried, Proposed Resolution No. :[2170 was aoopted becoming Resolution No. 03-119. Voting Yes: Councilmembers Linden, Hannah, Barker, Gillam, Bowers, Chaisson and Sinegal. Voting No: None. The caption of Resolution No. 03-119 reads as follows: RESOLUTION NO. 03-119 A RESOLUTZON AUTHORIZZNG THE PORT ARTH UR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION EXECUTIVE DIRECTOR TO EXECUTE A PURCHASE AGREEMENT WI'TH SUN NLF, A LTMI'TED PARTNER. (7) P. R. No. 12171 - A Resolution Authorizing The Port Arthur Section 4A Economic Development Corporation Executive Director To Execute A Purchase Agreement With Mark Hayes. (8) P.R. No. 12172 - A Resolution Authorizing The Port Arthur Section 4A Economic Development Corporation Executive Director To Execute A Purchase Agreement With Sabine Neches, Tnc. (10) P. R. No. 12179 - A Resolution Authorizing The Port Arthur Section 4A Economic Development Corporation Executive Director To Execute A Purchase Agreement With Park Commercial Investors. City Council Minutes April 29. 2003 5 Upon the motion of EDC Director Richardson, seconded by EDC Director Hathaway and carried unanimously Proposed Resolutions No. 12171, 12172 and 12179 were tabled. Upon the motion of Councilmember Gillam, seconded by Councilmember Bowers and carried unanimously, Proposed Resolutions No. 12171, 12172 and 12179 were tabled. (9) P.R. No. 12173 - A Resolution Authorizing The Port Arthur Section 4A Economic Development Corporation Executive Director To Execute A Purchase Agreement With Zahieh Khodour. Councilmember Linden introduced the above-mentioned Proposed Resolution. Upon the motion of EDC Director Hathaway, seconded by EDC Director Richardson and carried, Proposed Resolution No. 12173 was adopted. Voting Yes: EDC Directors Richardson, Hathaway and Watson. Voting No: None. Upon the motion of Councilmember Bowers, seconded by Councilmember Sinegal and carried, Proposed Resolution No. 12173 was adopted becoming Resolution No. 03-120. Voting Yes: Councilmembers Linden, Hannah, Barker, Gillam, Bowers, Chaisson and Sinegal. Voting No: None. The caption of Resolution No. 03-120 reads as follows: RESOLUTION NO. 03-120 A RESOLUTION AUTHORZZTNG THE PORT ARTHUR SECTZON 4A ECONOMIC DEVELOPMENT CORPORATTON EXECUTTVE DIRECTOR TO EXECUTE A PURCHASE AGREEMENT WITH ZAHTEH KHODOUR. (12) P.R. No. 12181 - A Resolution Authorizing The City Of Port Arthur To Condemn Such Land As Is Necessary To Extend 3imray 3ohnson Boulevard. Councilmember Linden introduced the above-mentioned Proposed Resolution. Upon the motion of EDC Director Hathaway, seconded by EDC Director Watson and carried, Proposed Resolution No. 12181 was adopted. Voting Yes: EDC Directors Richardson, Hathaway and Watson. Voting No: None. Upon the motion of Councilmember Bowers, seconded by Councilmember Gillam and carried, Proposed Resolution No. 12181 was adopted becoming Resolution No. 03-121. Voting Yes: Councilmembers Linden, Hannah, Barker, Gillam, Bowers, Chaisson and Sinegal. Voting No: None. City Council Minutes April 29, 2003 6 The caption of Resolution No. 03-121 reads as follows: RESOLUTION NO. 03-121 A RESOLUTION AUTHOR]ZING THE CITY OF PORT ARTHUR TO CONDEMN SUCH LAND AS IS NECESSARY TO EXTEND 3IMMY 3OHNSON BOULEVARD. (13) P.A. No. 12182 - A Resolution Authorizing The City Manager Or His Designee To Start The Process To Make Assessments For The Proposed Improvements To 3immy 3ohnson Boulevard. Councilmember Linden introduced the above-mentioned Proposed Resolution. Upon the motion of EDC Director Watson, seconded by EDC Director Hathaway and carried, Proposed Resolution No. 12182 was adopted. Voting Yes: EDC Director Richardson, Hathaway and Watson. Voting No: None. Upon the motion of Councilmemb~r Bowers, seconded by Councilmember Barker and carried, Proposed Resolution No. 12182 was adopted becoming Resolution No. 03-122. Voting Yes: Councilmembers Linden, Hannah, Barker, Gillam, Bowers, Chaisson and Sinegal. Voting No: None. The caption of Resolution No. 03-122 reads as follows: RESOLUTION NO. 03-122 A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO START THE PROCESS TO MAKE ASSESSMENTS FOR THE PROPOSED IMPROVEMENTS TO 3IMMY 3OHNSON BOULEVARD. Mayor Ortiz and EDC Director Flood resumed the chair. (11) P. R. No. 12180 - A Resolution Approving A Change Order In The Amount Of $25,798.50 For Revisions In The 3ade Road Connection As It Pertains To The City Of Port Arthur Section 4A Economic Development Corporation Contract II! With Excavators And Constructors. EDC Director Flood introduced the above-mentioned Proposed Resolution. The motion was made by EDC Director Richardson and seconded by EDC Director Hathaway that Proposed Resolution No. 12180 be adopted. · Mr. Bill Diamond of Diamond Consulting, The Woodlands, Texas, appeared before the Council and presented an explanation of the change order. City Council Minutes April 29, 2003 7 Mr. Jim Hughes, 8865 College Street, Beaumont, Texas, Schaumburg & Polk, Inc. appeareo before the Council and further explained the necessary water utility revisions that will create the additional costs. Voting Yes: EDC Directors Flood, Richardson, Hathaway and Watson. Voting No.' None. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Bowers and seconded by Councilmember Linden that Proposed Resolution No. 12180 be adopted. Councilmember Chaisson left the meeting at 4:28 p.m. Utilities Director Dan Shepherd appeared before the Council and discussed the location of the revision and other matters. Proposeo Resolution No. 12180 was adopted becoming Resolution No. 03-123. Voting Yes: Mayor Ortiz; Cou ncilmembers Hannah, Barker, Linden, Bowers and Sinegal. Voting No: Councilmember Gillam The caption of Resolution No. 03-123 reads as follows: RESOLUTION NO. 03-123 A RESOLUTI'ON APPROVi'NG A CHANGE ORDER tN THE AMOUNT OF $25,798.50 FOR REVI'SI'ONS I'N THE 'lADE ROAD CONNECTi'ON AS TT PERTAI'NS TO THE C1.TY OF PORT ARTHUR SECTI*ON 4A ECONOMI'C DEVELOPMENT CORPORATI'ON CONTRACT 1'1'1' Wl'TH EXCAVATORS AN D CONSTRUCTORS. IX. AD3OU RNMENT OF MEETING Upon the motion of Bowers, seconded by Councilmember Hannah and carried unanimously, the City Council adjourned the joint meeting at 4:49 p.m. Upon the motion of EDC Director Watson, seconded by EDC Director Hathaway and carried unanimously, the Section 4A Port Arthur Economic Development Corporation adjourned the joint meeting at 4:49 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. ATTEST: MAYOR CITY SECRETARY END OF JOINT SPECIAL MEETING HELD April 29, 2003. APPROVED: City Council Minutes April 29, 2003