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HomeMy WebLinkAboutOCTOBER 25, 2022 REGULAR MEETING 5:30 PM THURMAN BILL BARTIE,MAYOR RON BURTON INGRID HOLMES,MAYOR PRO TEM City offto CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC CAL J.JONES CITY SECRETARY THOMAS J.KINLAW III o r t r t h u r KENNETH MARKS VAL TIZENO CHARLOTTE MOSES Tc_�`t CITY ATTORNEY DONALD FRANK,SR. AG E N DA City Council Regular Meeting October 25, 2022 5:30 P.M. The City Council Of The City Of Port Arthur Will Conduct The Regular Meeting Scheduled At 5:30 P.M. CST On Tuesday, October 25, 2022 By Telephonic And Videoconference In Addition To Allowing In Person Attendance. A Quorum Of The City Council Will Be Physically Present In The City Council Chamber, Fifth Floor, City Hall, 444 Fourth Street Port Arthur, Texas. The Public May Participate In The Meeting In Person Or By Dialing One Of The Following Toll-Free Numbers And Entering The Meeting ID: 872 2672 7195 And Passcode: 823859 (877) 853-5247 US Toll Free (888) 788-0099 US Toll Free In Compliance With The Americans With Disabilities Act, The City Of Port Arthur Will Provide For Reasonable Accommodations For Persons Attending City Council Meetings. To Better Serve You, Requests Should Be Received 24 Hours Prior To The Meeting. Please Contact The City Secretary's Office, At (409) 983-8115. Website: httn://www.portarthurtx.gov City Council Meeting City Hall Council Chamber City Of Port Arthur October 25, 2022 5:30 PM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie Mayor Pro Tern Holmes Councilmember Jones Councilmember Kinlaw, III Councilmember Marks Councilmember Moses Councilmember Frank, Sr. City Manager Burton City Secretary Bellard, TRMC City Attorney Tizeno Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers — None B. Presentations (1) A Presentation By Johanna Valente Regarding The North Pleasure Island Restoration And Protection Phase I Project (2) A Presentation By Post Commander Jorg Kitchen Regarding The Status Of Veterans Of Foreign Wars Post 4820 (3) A Presentation By The Police Department Regarding The Police Reserve Force C. Employee Recognition (1) Fire Battalion Chief Patrick Murphy, 50 Years Of Service 1 AGENDA OCTOBER 25, 2022 III. PETITIONS & COMMUNICATIONS — CONTINUED D. Correspondence — None E. Discussion (1) A Discussion Regarding E. 5th And E. 6th Street Renovation (Requested By Mayor Pro Tern Holmes) IV. PUBLIC HEARINGS — 6:00 P.M. (1) A Public Hearing For The Purpose Of Receiving Public Comments Regarding The Proposed Disannexation Of Tracts Of Land In The Corporate Limits Of The City Of Port Arthur (Near Taylor's Bayou, The Intracoastal Waterway, State Highway 87, Keith Lake, Sabine Neches Waterway), Said Tracts Of Land Are Described As Approximately 41.347 Acres Of Land Out Of The JNO & John Bennett Survey Section In Jefferson County, Texas. This Is The First Public Hearing Held Pursuant To Chapter 43.142 Of The Local Government Code. A Detailed Map Of The Proposed Area To Be Disannexed, Is Also Available For Inspection At Port Arthur City Hall, 444 Fourth Street, Port Arthur, Texas Between The Hours Of 8:00 A.M. And 5:00 P.M., Monday Through Friday And Continuously Online At www.portarthurtx.gov After The Two (2) Required Public Hearing Have Taken Place, The City Council Will Consider An Ordinance Formalizing The Disannexation 2 AGENDA OCTOBER 25, 2022 IV. PUBLIC HEARINGS — 6:00 P.M. — CONTINUED (2) To Discuss And Receive Public Comment Regarding The Proposed Abandonment Of The Following: A22-02(A) Motiva Enterprises, LLC For Approximately 4.878- Acres Portion Of A Dedicated Public Right-Of-Way, Known As 25th Street And Being Part Of Blocks 4 & 5, Ranges "K" And "L", Port Arthur Land Company Subdivision, Port Arthur, Jefferson County, Texas A Precise Drawing And Description Of The Proposed Abandonment Will Be Presented At The Public Hearing And Can Be Examined In The City Development Services Department, Port Arthur, Texas. The Public Will Also Be Able To View The Public Hearing Via The City's Website At www.portarthurtx.gov. Any Person May Participate In The Public Hearing And Address The City Council (3) To Discuss And Receive Public Comment Regarding The Proposed Abandonment Of The Following: A22-02(B) Motiva Enterprises, LLC For Approximately 2.042- Acres Portion Of A Dedicated Public Right-Of-Way, Known As Terminal Road, Port Arthur Heights Addition, Port Arthur, Jefferson County, Texas A Precise Drawing And Description Of The Proposed Abandonment Will Be Presented At The Public Hearing And Can Be Examined In The City Development Services Department, Port Arthur, Texas. The Public Will Also Be Able To View The Public Hearing Via The City's Website At www.portarthurtx.gov. Any Person May Participate In The Public Hearing And Address The City Council AGENDA OCTOBER 25, 2022 V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) Pursuant To 551.0415 Of The Texas Government Code, The Mayor And Council May Make Announcements Regarding Items Of Community Interest, Which Include The Following: (1) Expressions Of Thanks, Congratulations, Or Condolence; (2) Information Regarding Holiday Schedules; (3) An Honorary Or Salutary Recognition Of A Public Official, Public Employee, Or Other Citizen, Except That A Discussion Regarding A Change In The Status Of A Person's Public Office Or Public Employment Is Not An Honorary Or Salutary Recognition For Purposes Of This Subdivision; (4) A Reminder About An Upcoming Event Organized Or Sponsored By The Governing Body; (5) Information Regarding A Social, Ceremonial, Or Community Event Organized Or Sponsored By An Entity Other Than The Governing Body That Was Attended Or Is Scheduled To Be Attended By A Member Of The Governing Body Or An Official Or Employee Of The Political Subdivision; And (6) Announcements Involving An Imminent Threat To The Public Health And Safety Of People In The Political Subdivision That Has Arisen After The Posting Of The Agenda **Possible Action May Not Be Discussed In Conjunction With The Information Provided In The Report VI. UNFINISHED BUSINESS — NONE 4 AGENDA " OCTOBER 25, 2022 VII. CONSENT AGENDA NOTICE TO THE PUBLIC: The Following Items Are Of A Routine Or Administrative Nature. The Council Has Been Furnished With Background And Support Material On Each Item, And/Or It Has Been Discussed At A Previous Meeting. All Items Will Be Acted Upon By One Vote Without Being Discussed Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Travel Request/Expense Reports (Al) City Manager Ronald Burton: Texas Municipal League 110th Annual Conference And Exhibition San Antonio, Texas October 5 — 7, 2022 $1,325.69 (A2) City Attorney Val Tizeno: Texas Municipal League 110th Annual Conference And Exhibition San Antonio, Texas October 5 — 7, 2022 $1,682.86 B. Minutes October 11, 2022 Regular Meeting C. Resolutions (1) P.R. No. 22403 — A Resolution Authorizing The City Manager To Renew A Five Year Contract Between The City Of Port Arthur Police Department And Spectrum For The Existing Dedicated Internet Access, With A Projected Annual Budgetary Impact Of $17,628.00; Funding Available In The Police Department's Communication Account No. 001-17-045-5482-00-30-000 5 AGENDA OCTOBER 25, 2022 VII. CONSENT AGENDA — CONTINUED (2) P.R. No. 22523 — A Resolution Authorizing The City Manager To Accept Close Out Documents Submitted By N & T Construction Of Beaumont, Texas And Approve The Release Of Retainage In The Amount Of $ 9,000.00 For Phase III Repairs And Renovations To Rosehill Manor. Funding Is Available In Hurricane Account #LAUR15- GRE-BUM AND #DLTA15-GRE-BUM (3) P.R. No. 22591 — A Resolution Authorizing The City Manager To Execute A Contract With Delk Construction, Inc. Of Port Arthur, Texas For The Construction Of Port Arthur Transit's New Storage Building Located At 325 Dallas Avenue, Port Arthur, Texas In The Amount Not To Exceed $185,000.00. Funding Is Available In Account 401-70-530-8512-00-60-000 Project TR1553 CAP BUI (4) P.R. No. 22763 — A Resolution Authorizing The City Manager To Execute Change Order No. 2, Decreasing The Contract Amount By $18,904.00 To A New Contract Total Of $374,870.00, Accepting The Engineer's Certificate Of Completion, Contractor's Affidavit Of Guarantee, Contractor's Affidavit Of Final Payment And Release, And Authorizing The City Manager To Execute The Certificate Of Acceptance For The Sabine Pass Pipebursting Contract No. 1 By Horseshoe Construction, Inc. Of La Porte, Texas And Authorizing The Release Of Retainage In The Amount Of $18,743.50 From Capital Improvement Account No. 405-40-000-8516-00-00-000, Project No. WS-0006-CON (5) P.R. No. 22772 — A Resolution Authorizing The Second Year (First Renewal) Of A Contract With PA Associated Contractors, LLC Of Port Arthur, Texas For Construction Superintendent Services For Port Arthur Transit's (PAT) Upcoming Construction Projects With A Projected Budgetary Impact Of $35,035.00. Funding Is Available In Account 401-70-530-8512-00-60-000. Project TR1718, TR1317, TR114 CAP BUI 6 AGENDA OCTOBER 25, 2022 VII. CONSENT AGENDA — CONTINUED (6) P.R. No. 22802 — A Resolution Authorizing The Execution Of Contracts For The Purchase Of Road Building Materials For The Public Works Streets Division With Vulcan Construction Materials, LLC Of San Antonio, Texas, And Martin Marietta Materials, Inc., Gulf Coast A CRH Company, And L.D. Construction Of Beaumont, Texas, With A Projected With Budgetary Impact Of $1,300,000.00 Budgeted Funds Are Available In The Street In Maintenance Account 001-21- 053-5316-00-70-000 And The Capital Improvement Fund Streets Program Account 307-21-053-8517-00-10-000 (7) P.R. No. 22805 — A Resolution Supporting The Acceptance Of The Fiscal Year 2023 Texas Department Of Transportation Selective Traffic Enforcement Program (S.T.E.P.) Grant In The Amount Of $30,297.24, With A 24.85% In-Kind Match. The In-Kind Match Is Covered By Existing Fringe Benefits And Administration Functions (8) P.R. No. 22807 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into The Second And Final Renewal Of The Landscaping And Irrigation Maintenance Contract For The Jade Avenue Business Park With Frey's Landscape Of Orange, Texas, In An Amount Not To Exceed $26,222.50. Funds Available In EDC Account No. 120-80-625-5479- 00-00-000 (9) P.R. No. 22808 — A Resolution Approving The City Of Port Arthur Section 4A Economic Development Corporation Engaging The Services Of Industrial & Commercial Mechanical Of Beaumont, Texas Through BuyBoard Contract #638-21 For The Preventative Maintenance Of The HVAC Systems At 501 Procter And 549 4th Streets; In An Annual Amount Not To Exceed $11,568.00. Funds Available In EDC Account No. 120-80-625-5318-00-00-000 (10) P.R. No. 22809 — A Resolution Authorizing The City Manager To Purchase A Ford F-250 Truck From Silsbee Ford, Of Silsbee, Texas, Through GoodBuy Cooperative Purchasing Program, For The Water Utilities Wastewater Treatment Division, In The Total Amount Of $57,002.25; Funds Are Available In The Water Utilities Account No. 625-40-000-8523-00-00-000, Equipment AGENDA OCTOBER 25, 2022 VII. CONSENT AGENDA — CONTINUED (11) P.R. No. 22810 — A Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts Due To Leaks And/Or Equipment Malfunction (12) P.R. No. 22811 — A Resolution Authorizing The City Manager To Renew The Contract With Evoqua Water Technologies Of Sarasota, Florida For An Additional Six Months For The Purchase Of Sodium Chlorite With Projected Budgetary Impact Of $241,800.00. Funding Is Available In Water Utilities, Water Purification Account No. 410- 40-210-5217-00-00- 000, Treatment Chemicals (13) P.R. No. 22813 —A Resolution Authorizing The City Manager To Enter Into A Contract With Burditt Consultants, LLC. Of Conroe, Texas For The Development And Implementation Plan Of The Adams Park Sports Complex Master Plan With A Projected Budgetary Impact Of $92,000.00 Plus Reimbursables Of $ 2,500.00 For A Total Contract Amount Of $94,500.00. Funding Available In Account Number 307- 25-067-8525-00-10-000; PR0005-CON (14) P.R. No. 22815 — A Resolution Granting Consent To The Assignment Of The Industrial District Agreement With Motiva Chemicals LLC, (2018-2027) (Formerly Flint Hills Resources Port Arthur, LLC) (15) P.R. No. 22819 — A Resolution Authorizing The Purchase Of Forty (40) Portable Radios And (10) Mobile Radios And Their P-25 Compliant Component Accessories For The Police Department From Motorola Solutions Of Houston, Texas, Through HGAC Contract RA05-21, In The Amount Of $255,352.00; Funding Is Available In Account No. 625-13-630-8523-00-00-000 Capital Reserve Account (16) P.R. No. 22823 — A Resolution Authorizing The City Manager To Purchase Replacement Chlorine Trunnions/Scales From Moody Bros., Inc. Of Houston, Texas For The Water Purification Plant In The Total Amount Of $48,401.00; Funding Is Available In Water Utilities Department, Water Purification Division Account No. 410-40-210- 5312-00-00-000, Building Maintenance 8 AGENDA OCTOBER 25, 2022 VII. CONSENT AGENDA — CONTINUED (17) P.R. No. 22824—A Resolution Designating And Establishing The 10th Anniversary UGK Day Celebration Entertainment Area, Designating Clark & Coleman Museum Consultancy As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement Thereof (18) P.R. No. 22828 — A Resolution Authorizing The Purchase Of Two Marquees For The Pavilion From Sideline Interactive, LLC Of Stafford, Texas Through TIPS Cooperative Purchasing Program Contract No. 2001055 In The Amount Of $29,964.90. Funding Is Available In H01014-OTH-OCS (19) P.R. No. 22829 — A Resolution Authorizing The City Manager To Execute A Contract With Horseshoe Construction, Inc. Of La Porte, Texas, For The Sanitary Sewer System Rehabilitation Lakeside Drive With A Total Projected Budgetary Impact Of $346,896.00; Funding Available In Water Utilities Capital Improvement Fund Account No. 405-40-000-8516-00-00-000, Project No. WS-0014-CON (20) P.R. No. 22830 — A Resolution Authorizing The City Manager To Purchase One (1) Komatsu PC30MR-5 Mini Excavator For $45,289.84 And One (1) Komatsu PC35MR-5 Mini Excavator For $55,363.64 From Waukesha Pearce Industries, LLC Of Port Arthur, Texas Through The HGAC Purchasing Contract No. EM06-19 For A Total Amount Of $100,653.48 From Account No. 625-40-000-8522-00-00- 000, Equipment (21) P.R. No. 22831 —A Resolution Authorizing The City Manager To Enter Into A Contract With Downtown Decorations Of Houston, Texas Through The BuyBoard Cooperative Purchasing Program Contract No. 643-21 For The Purchase, Installation, And Removal Of Holiday Decorations For City Hall In An Amount Not To Exceed $63,966.70; Funding Available In Account 001-01-005-5470-00-10-000, Project No. MA0019-OTH-OCS 9 AGENDA OCTOBER 25, 2022 VII. CONSENT AGENDA — CONTINUED (22) P.R. No. 22833 —A Resolution Authorizing The City Manager To Enter Into A Contract With Soutex Surveyors & Engineers Of Port Arthur, Texas For Professional Engineering Services Associated With Roadway And Drainage Improvements For 7th Street-Stadium Road To Duff Drive For The Amount Of $143,000.00. Funds Are Available In CIP Account No. 307-21-053-8517-00-10-000. Project No. ST3047 (23) P.R. No. 22834—A Resolution Authorizing The City Manager To Enter Into A Contract With Kroll, LLC Of New York City, New York, For Professional Services Rendered As Insurance Appraiser For The Water Utilities Department, With A Projected Budgetary Impact Of $43,750.00; Funds Are Available In Water Utilities Administration Division Account No. 410-40-200-5420-00-00-000, Professional Services (24) P.R. No. 22835 — A Resolution Authorizing The City Manager To Purchase A Ford F-450 Truck From Silsbee Ford, Of Silsbee, Texas, Through GoodBuy Cooperative Purchasing Program, For The Water Utilities Department, In The Total Amount Of $55,929.00; Funds Are Available In The Water Utilities Department, Water Distribution Division Account No. 625-40-000-8523-00-00-000, Equipment (25) P.R. No. 22836 — A Resolution Authorizing The City Manager To Purchase One Valve Exerciser From E.H. Wachs Utility Products Of Lincolnshire, Illinois, Through BuyBoard Cooperative Purchasing Contract 597-19, For The Water Distribution Division, In The Total Amount Of $90,715.07; Funds Are Available In The Water Utilities Department, Water Distribution Division Account No. 625-40-000- 8523-00-00-000, Equipment (26) P.R. No. 22837—A Resolution Authorizing The City Manager To Enter Into A Memorandum Of Understanding Between The City Of Port Arthur And The Texas Artists Museum Society For The Use Of The Texas Artists Museum Society (TAMS) Building As The City Of Port Arthur Covid-19 Vaccination Site From October 25, 2022 Through September 30, 2023 With A Cost Not To Exceed $6,000.00; Funding Available In Account Number COV 102 105-13-033-5470-00-40-000 �o P AGENDA OCTOBER 25, 2022 VII. CONSENT AGENDA — CONTINUED (27) P.R. No. 22839—A Resolution Authorizing The City Manager To Enter Into A Contract With Fittz & Shipman, Inc. Of Beaumont, Texas For Professional Services Associated With The Sabine Pass S. 1st Avenue Roadway Improvement Project For The Not To Exceed Amount Of $27,840.00. Funds Are Available In CIP Account No. 307-21-053- 8517-00-10-000. Project No. ST1-P90-CON VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 22816 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Port Arthur Police Chief Advisory Committee (Requested By Mayor Bartle) (2) P.R. No. 22832 — A Resolution Amending Resolution 12-025 Authorizing The City Manager To Execute An Amended Water Service Agreement Between The City Of Port Arthur And Golden Pass LNG Facility, LLC (3) P.R. No. 22842 — A Resolution Authorizing The Ceremonial Street Renaming Of Turtle Creek Drive From 9th Avenue To The Stonegate Manor Apartments In Honor Of Ms. Hargie Fay Savoie (Requested By Councilmember Frank) B. Ordinances — Non-Consent (1) P.O. No. 7103 — An Ordinance Amending Subsections (3) And (5) Of Section 78-150 (A) Of The Code Of Ordinances As It Pertains To Overtime Compensation (2) P.O. No. 7104 — An Ordinance By The City Of Port Arthur, Texas, Denying Entergy Texas, Inc.'s Statement Of Intent And Application For Authority To Change Rates Filed On July 1, 2022; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject; And Declaring An Effective Date 1� P AGENDA OCTOBER 25, 2022 VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.O. No. 7106 — An Ordinance Of The City Council Of The City Of Port Arthur, Texas, Designating A School Zone Along 9th Avenue And Procter Street Adjacent To The Tekoa Academy And Providing For An Effective Date And Publication IX. ADJOURNMENT OF MEETING *************************************************** NOTE: If The Meeting Extends Past 11:59 PM, The City Council May Elect To Recess The Meeting And Reconvene At 9:30 AM On October 26, 2022. During The Recess, No Action Will Be Taken On Any Item Of Remaining Business And No Executive Sessions Will Be Held To Discuss Any Matters, All In Accordance With The Open Meetings Law *************************************************** 12 RULES OF DECORUM - PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS 1. Recognition by Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer. 2. Speaking Procedure; Limitation on discussion and questioning. Each person addressing the Council shall step up to the microphone provided for the use of the public and give his name and address in an audible tone of voice for the records,state that subject he wishes to discuss,state whom he is representing if he represents an organization or other person, and unless further time is granted by majority vote of the Council,shall limit his remarks to five (5) minutes. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter into any discussion, whether directly or through a member of the Council, without the permission of the Presiding Officer. 3. Improper References, Disorderly Conduct By Person Addressing The Council; Any person making, expressly or impliedly, personal, impertinent, slanderous, derogatory, discourteous, snide, or profane remarks or who willfully utters loud, threatening or abusive language, or engages, in any disorderly conduct which would impede, disrupt, or disturb the orderly conduct, the order by the Presiding Officer, and if such conduct continues, may, at the discretion of the Presiding Officer, be ordered barred from further audience before the Council during that Meeting. 4. Addresses After Motion Made or Public Hearing Closed. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by majority vote of the City Council. 5. Campaign Speeches Prohibited. No persons will be allowed to address the City Council by making campaign speeches for or against any candidate who has announced or does announce his intention to run, or issue already ordered on a ballot for election. 6. Disorderly Conduct. No person in the audience shall engage in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting. 7. Limitations on Use of Supplemental Lighting. Limitations on use of supplemental lighting for television and motion picture cameras to create the least amount of interference with or disturbance of Council proceedings and/or discomfort to the public. 8. Persons Having Complaints, Allegations, or Charges Against Individual City Employees. No person shall make any complaint, specific allegation, or charge against an individual City Employee by name in a public meeting unless he first shows that he has pursued appropriate administrative channels. ENFORCEMENT OF DECORUM Warning.All persons shall at the request of the Presiding Officer, be silent. Removal.If,after receiving a warning from the Presiding Officer,a person persists in disturbing the meeting,such Officer may order him to remove himself from the meeting. If he does not remove himself,the Presiding Officer may order the Sergeant-at-arms to remove him. Resisting Removal.Any person who resists removal by the Sergeant-at-arms shall be charged with violating V.T.C.A, Penal Code 42.05. Motions To Enforce.Any Councilmember may move to require the Presiding Officer to enforce this division,and the affirmative vote of a majority of the Council shall require him to do so. RULES OF PROCEDURE The City Secretary shall make public, in accordance with the Texas Open Meetings Law, an agenda containing all business to be discussed at a meeting of the City Council. Persons Requesting To Be Heard On Agenda Items(1) Residents. Any resident who wishes to address the Council on any matter may do so by notifying the City Secretary in accordance with the Texas Open Meetings Law. (2) Nonresidents. Any nonresident wishing to address the Council shall notify the City Secretary and specify his interest in the matter being considered.The City Secretary shall present such request to the Presiding Officer for approval before placing the name on the Agenda. Specific Agenda Items. After a motion, second and discussion by the City Council on any specific agenda item, and before a vote is taken, the Presiding Officer shall recognize any citizen in the audience wishing to address the council on such item,who shall be permitted to address the Council thereon for a period of three(3) minutes."Specific Agenda Items"are defined as any item specified on the Notice of Meeting posted for purposes of the Texas Open Meetings Law and which becomes the subject of a motion before the Council.