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HomeMy WebLinkAbout(3) MAY 13, 2003-REGULARREGULAR MEETING - May 13, 2003 I. ROLL CALL, INVOCATION & PLEDGE The City Council of the City of Port Arthur met in Regular Session on Tuesday, May 13, 2003 at 5:32 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Oscar G. Ortiz; Mayor Pro Tern Tom Gillam, IIT; Councilmembers Craig Hannah, Felix A. Barker, Thomas .1. Henderson, Ronnie Thompson, Rose Chaisson and Michael "Shane" Sinegal; City Manager Steve Fitzgibbons; City Secretary Evangeline Green and City Attorney Mark T. Sokolow. Councilmember John Beard, Jr. arrived at the meeting at 5:43 p.m. The invocation was given by Councilmember Barker followed by the pledge to the flag. II. PROCLAMATIONS & MINUTES Minutes - Regular Meeting April 29, 2003 Upon the motion of Councilmember Henderson, seconded by Councilmember Barker and carried unanimously, the City Council approved the above-mentioned Minutes. 3oint Special Meeting April 29, 2003 Upon the motion of Councilmember Henderson, seconded by Councilmember Barker and carried unanimously, the City Council approved the above-mentioned Minutes. III. PETITIONS &COMMUNICATIONS A. Speakers (1) Alfred Dominic Regarding African American Children Mr. Alfred Dominic, 145 W. 15th Street, appeared before the Council and spoke on the above-mentioned topic. (2) Elaine LeBlanc Regarding Texas Artist Museum Art Auction Ms. Elaine LeBlanc, 2860 Soloman, Port Arthur, Texas, and Ms. Faith Sauerwein, 3162 Taft, Groves, Texas, Executive Director of Texas Artists Museum in Port Arthur, appeared before the Council and spoke on the above-mentioned topic. (3) Verna Rutherford Regarding ShrimpFest Mrs. Verna Rutherford, 8138 Heatherbrook, Port Arthur, Texas, appeared before the Council and spoke on the above-mentioned festival that will be held in downtown Port Arthur April 15 - April 18, 2003. (4) Fernando Ramirez Regarding Creating A Soccer Field To Be Named After Lucian Adams Mr. Fernando Ramirez, 2735 Lakeshore Drive, Port Arthur, Texas, and Mr. Raphael Hernandez, Memorial Soccer Team Coach, appeared before the Council and spoke on the above-mentioned topic. The location of the four soccer fields is on 60~ Street, right behind the lake on Highway 69. (5) Hilton Kelley Regarding Contamination [n Port Arthur Mr. Hilton Kelley, 1301 Kansas Avenue, Port Arthur, Texas, Founder of the Community In-power and Development Association, appeared before the Council and spoke on the above-mentioned subject matter regarding toxic air and water pollution concerns in the City of Port Arthur. B, Correspondence None V. UNFTNISHED BUSTNESS A. Resolutions The City Manager requested that P. R. No. 12158 would be held until a~cer the presentation of the report titled, "Report on Hike & Bike Trail Project and Safe Routes to Schools Grant." (2) P.R. No. 12176 - A Resolution in Honor Of Lucian Adams. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by ¢ouncilmember Sinegal that Proposed Resolution No. 12176 be adopted. Mayor Ortiz read the Prooosed Resolution and the memorial that appeared in the newspaper in remembrance of Mr. Adams. The following relatives of World War IT and Medal of Honor Recipient Lucian Adams appeared before the Council to accept the above-mentioned recognition and spoke on behalf of the family: Mr. Lawrence Culver, 4531 Graves, Groves, Texas Mr. Roy Culver, 5230 Park Avenue, Groves, Texas Former Councilmember Robert A. "Bob" Bowers, 4519 Sunken Court, Port Arth Hr, Texas Proposed Resolution No. 12176 was adopte0 becoming Resolution No. 03-127. Voting Yes: Hayor Ortiz; Mayor Pro Tern Gillam; Councilmembers Hannah, Barker, Henderson, Bear0, Thompson, Chaisson and Sinegal. Voting No: None. The caption of Resolution No. 03-127 reads as follows: Bm RESOLUTZON NO. 03-127 A RESOLUTTON TN HONOR OF LUCTAN ADAMS. Ordinance P. O. No. 5320 - An Ordinance Amending Subsections 78- 269 (c), (d), (e), (f) And (g) Of The Code Of Ordinances For The City Of Port Arthur Pertaining To Travel Expenses. The City Manager introduced the above-mentioned Proposed Ordinance. 2 City Council Minutes May 13. 2003 The motion was made by Councilmember Henderson with the insertion of language that receipts should be required on meals that exceed $60.00 per day, instead of five (5) dollars per day and seconded by Councilmember Barker that Proposed Ordinance No. 5320 be adopted. Proposed Ordinance No. 5320 was adopted becoming Ordinance No. 03-023. Voting Yes: Mayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Barker, Henderson, Beard, Thompson, Chaisson and Sinegal. Voting No: None. The caption of Ordinance No. 03-023 reads as follows: ORDINANCE NO. 03-023 AN ORDINANCE AI~tENDtNG SUBSECTZONS 78- 269 (C), (D), (E), (F) AND (G) OF THE CODE OF ORDTNANCES FOR THE CITY OF PORT ARTHUR PERTAt'NI'NG TO TRAVEL EXPENSES. VZ. CONSENT AGENDA Upon the motion of Councilmember Henderson, seconded by Councilmember Barker, and carried unanimously, the following Consent Agenda items were adopted. Am Consideration And Approval Of Awarding A Bid For The Purchase Of One 800 f4HZ Radio System To Kay Electronics Of Beaumont, Texas ~n The Amount Of $5,212.00 For The Fire Department. Bm Consideration And Approval Of Awarding A Bid For Soil Stabilization Additives To Soil Stabilization Products Co., Inc. Of f4erced, California To Be Utilized By Various City Departments With Bids tn Effect For Approximately One Year. Consideration And Approval Of Awarding A Bid For The Purchase Of Body Armor To Code Blue Police Supply Of Beaumont, Texas ~n The Estimated Amount Of $6,336 For The Police Department. Consideration And Approval Of Awarding A Bid For The Purchase Of Hepatitis B Vaccine To King's Pharmacy Of Port Arthur, Texas Tn The Amount Of $6,384 For The Police Department. Consideration And Approval To Purchase The Following: tnfluenza Vaccine For The 2003-2004 Season tn The Amount Of $15,820, Pneumonia Vaccine In The Amount Of Attend Fallen Officer's Memorial/n Austin, Texas, April 4-S, 2003 181.80 Mayor Pro Tem Gillam, IIX: Use Of Personal Auto On City Business, April, 2003 97.92 Councilmember Tom Henderson: Use Of Personal Auto On City Business, March - April, 2003 $ 174.96 Councilmember Felix Barker: Use Of Personal Auto On City Business, April, 2003 $ 100.00 Resolutions - Consent (1) P. R, No. 12188 - A Resolution Authorizing The Third Year Of The Existing Four (4) Year Contract To GTE Southwest Tncorporated, DBA Verizon Southwest Of Houston, Texas, For Maintenance And Service Of The City Of Port Arthur's Telephone Systems/n The Amount Of $2,157.59 Per Month Or $25,891.08 Per Year. Funds Are Provided In Various Departmental Budgets For Fiscal Year 2003. Proposed Resolution No. 12188 was adopted becoming Resolution No. 03-128, (2) P. R. No. 12189 - A Resolution Authorizing The Second Year Of The Existing Four (4) Year Contract To CCAP, /nc., DBA Sanserve Building Services Of Beaumont, Texas For 3anitorial Services For City Hail And Annex Buildings/n The Amount Of $33,953.92. The Two (2) Subsequent Yearly Contract Renewals /n The Amount Of 3rd Year $35,650.56 And The 4th Year $37,433.04 Will Be At The Discretion Of City Council. Funds Are Available Tn The FY2003 City Hall Division Budget, Account No. 001-1206-531.32.00. Proposea Resolution No, 12189 was adopted becoming Resolution No. 03-129. (3) P. R. No. 12190 - A Resolution Authorizing The Third And Final Year Of The Existing Three (3) Year Contract With Patriot Security, /nc., Of Nederland, Texas For Security Guard Service For The Public Works Operations Center And Garage-Service Center Compound /n The Amount Of $43,920 Per Year. Proposed Funding: FY 2003 Budget Accounts No. 001-1201-531.56-00 (66%) And 501-1281- 531.59-00 (34%). Proposec~ Resolution No. 12190 was adopted becoming Resolution No, 03-130. (4) P. R. No. 12191 - A Resolution Authorizing The Acceptance Of Easements From The Greens On Turtle Creek, LTD For A Total 0.434 Acres Tract Or Parcel Of Land For Easement Purposes Situated In And A Part Of That Certain 6.125 Acre Parcel Of Land 3efferson County, Texas. Said Tract Also Being A Part of Reserve "E" Of The Fairway Estates Addition As Recorded /n Volume 14, Page 178 And 179 Of The Map Records Of Said County. The Purpose Of Easement Is For 4 City Council Minutes May 13, 2003 The Proposed Construction Of A Waterline In The City Of Port Arthur, Texas. Proposed Resolution No. 12191 was adopted becoming Resolution No. 03-131. (s) P. R. No. 12193 - A Resolution Awarding A Contract To Enviro Thermal Specialties, Inc. In The Amount Of $9,984.00, And Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of One Dangerous Commercial Structure (748 Texas Avenue) To Be Charged To Account NO. 301-1601-591.54-00, Project No. CIP909. Proposed Resolution No. 12193 was adopted becoming Resolution No. 03-132. (6) P. R. No. 12194 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. Proposed Resolution No. 12194 was adopted becoming Resolution No. 03-133. VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P. R. No. 12183 - A Resolution Appointing A Member Or Members To The Pleasure Island Commission. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Beard that Proposed Resolution No. 12183 be adopted. Councilmember Beard nominated Mr. Jimmy Whitley, 3533 9th Street, Port Arthur, Texas, to represent District 5 on the Pleasure Island Commission. Mr. Jimmy Whitley appeared before the Council to express appreciation for his nomination. Proposed Resolution No. 12183 was adopted with Mr. Jimmy Whitley as the District 5 Pleasure Island Commissioner becoming Resolution No. 03-134. Voting Yes: Mayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Barker, Henderson, Beard, Thompson, Chaisson and Sinegal. Voting No: None. The caption of Resolution No. 03-134 reads as follows: RESOLUTION NO. 03-134 A RESOLUTION APPOINTING A MEMBER OR MEMBERS TO THE PLEASURE ISLAND COMMISSION. (2) P. R. No. 12192 - A Resolution Supporting The Preservation Of Public Transportation Funding As Found In The Existing Transportation Code. The Mayor introduced the above-mentioned Proposed Resolution. 5 City Council Minutes May 13, 2003 Upon the motion of Councilmember Henderson, seconded by Councilmember Hannah and carried, Proposed Resolution No. 12192 was adopted becoming Resolution No. 03- 135. Voting Yes: Mayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Barker, Henderson, Beard, Thompson, Chaisson and Sinegal. Voting No: None. The caption of Resolution No. 03-135 reads as follows: RESOLUTION NO. 03-135 A RESOLUTION SUPPORTING THE PRESERVATTON OF PUBLIC TRANSPORTATION FUNDING AS FOUND IN THE EXISTING TRANSPORTATION CODE. C. *Reports And Recommendations (1) Report On Possible Sale Of Property Located On Waco And 5th Street (Including The WIC Building) And Sale Of Excess City Buildings City Manager Fitzgibbons presented the above-mentioned report. (:2) Report On The City's Landfill Operations (Requested By Mayor Pro Tern Gillam) Public Works Director Leslie McMahen presented the above-mentioned report. Purchasing Director .]oseph Broussard commented on additional information requested by Mayor Pro Tem Gillam regarding the above-mentioned subject matter. (5) Report On City Charges To Dispose Of Land Clearing And Other Green Waste Public Works Director Leslie McMahen presented the above-mentioned report. Councilmember Sinegal left the meeting at 7:00 p.m. IV, PUBLIC HEARINGS - 7:00PM To Consider Whether Or Not To Issue A Specific Use Permit For A Commercial Antenna Support Structure On The North Side Of Gulfway Drive At Tmhoff Avenue. (Corey J. Rizzo D.C.: General Dynamics Z03-01) The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned public hearing. Mr. Dave Smith, Representative of General Dynamics, appeared and summarized information on the evaluation of the location, safety issues and the needs for implementation of the project. 6 City Council Minutes May 13, 2003 Transportation Planner Paul Brown appeared before the Council and presented background information regarding the location and recommendations of approval from the Planning and Zoning Commission. Mayor Ortiz introduced the above-mentioned Public Hearing at 7:08 p.m. Mr. Corey Rizzo, owner of the property that the proposed commercial antenna structure will be constructed, also appeared and provided information to the Council on their questions and concerns. Upon the motion of Councilmember Barker, seconded by Councilmember Henderson and carried unanimously, the City Council closed the Public Hearing at 7:17 p.m. (2) To Consider Whether Or Not To Issue A Specific Use Permit For A Commercial Antenna Support Structure On The North Side Of Highway 365 Approximately 450' West Of Garnet Avenue. (Glenn Decuir: General Dynamics Z03-02) Mayor Ortiz introduced the Public Hearing. Transportation Planner Paul Brown appeared before the Council and gave an overview of the proposed location of the tower and other relevant information. Mr. Dave Smith, Representative of General Dynamics, again appeared to answer questions from the Council regarding the location of the structure and other concerns. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned proposed project. No one came forward. Upon the motion of Councilmember Henderson, seconded by Councilmember Beard and carried unanimously, the City Council closed the Public Hearing at 7:20 p.m. (3) To Consider Whether Or Not To Issue A Pipeline Permit To ExxonMobil Pipeline Company For A 8.625" Butadiene Pipeline Within The Corporate Limits Of The City Of Port Arthur, Texas. Mayor Ortiz introduced the Public Hearing. Public Works Director Leslie McMahen appeared before the Council and gave an overview of the location of the proposed pipeline route and discussed the substance to be transported. Ms. Martha Decker, Representative of ExxonMobil Pipeline Company, Houston, Texas, appeared at Public Works Director McMahen's request and spoke on the regulations of transporting butadiene and answered questions. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned proposed pipeline permit request. No one came forward. Public Works Director Leslie McMahen asked to read the following letter of recommendations from Acting Committee Chairman Alfred Dominic of the Citizens' Pipeline Advisory Committee: May 8, 2003 Mayor and City Council City of Port Arthur P. O. Box 1089 Port Arthur, Texas 77641 Re: Exxon Mobil Pipeline Company 8.625" Pipeline 7 City Council Minutes May 13, 2003 Dear Mayor and City Council: The Citizens' Pipeline Advisory Committee met on May 7, 2003 7:00 p.m. at City Hall to consider the pending permit request by ExxonHobil Pipeline Company for the installation a new 8.625" butadiene pipeline in the northeastern section of Port Arthur. Five (5) members of the Committee were present, along with four (4) representatives from ExxonMobil's Beaumont and Houston offices. Exxon Mobil representatives presented information concerning the design and construction of the proposed pipeline from the point it enters Port Arthur near the Pinetop Road/Old Atlantic Road intersection and continuing to its termination point at the new Sabina Plant adjacent to Highway 366 near Highway 87. The butadiene is being produced at the Sabina Plant and delivered in the pipeline to other chemical plants in Port Neches. The Committee discussed the proposed location of the line, the nature of the butadiene to be carried in the line, the response time in case of an emergency, and the protective measures that are part of the pipeline's construction and operation. In particular, the Committee addressed the problem of potential leaks from the line, and told that shut-off valves will be located on the line within the city. The Committee feels that all aspects of the proposed construction of the pipeline are in keeping with the reasonable protection of the public. The Committee voted by a 5-0 margin to recommend that the City Council act favorably on the pipeline permit requested by ExxonMobil when it is presented for consideration at the May 27, 2003 Council meeting. It has been a pleasure to once again serve in an advisory capacity to the City Council. Respectfully submitted, /s/Alfred Dominic Acting Committee Chairman Upon the motion of Councilmember Henderson, seconded by Councilmember Beard and carried unanimously, the City Council closed the Public Hearing at 7:30 p.m. Vt'. TTEMS RE(~UTRZNG ZNDTVI'DUAL ACTION--NON-CONSENT C. *Reports And Recommendations (4) Report On House Moving Ordinance Community Services Director Lawrence Baker presented the above-mentioned report. (3) Report On Hike & Bike Trail Project And Safe Routes To Schools Grant Public Works Director Leslie McMahen and Interim Director of Parks & Recreation Dr. Albert Thigpen presented the above-mentioned report. V. UNFINZSHED BUSINESS A. Resolutions (1) P. R. No. 12158 - A Resolution Withdrawing City Of Port Arthur Support For The TxDOT Funded Hike And Bike Trail Project On Thomas Boulevard From Houston Avenue To Woodworth Boulevard, Account No. 303-1603-591.89-00, Ci'P 507. 8 City Council Minutes May 13, 2003 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Barker and secondecJ by Councilmember Henderson that Proposed Resolution No. 12158 be adopted. Mayor Pro Tem Gillam left the meeting at 7:53 ;).m. The following roll call vote was taken on the motion to adopt Proposed Resolution No, 12158: Councilmember Barker Councilmember Beard Councilmember Chaisson Councilmember Hannah Councilmember Henderson Councilmember Thompson Mayor Ortiz "Yes" "No" "Yes" "Yes" "Yes" "Yes" "Yes" Proposed Resolution No. 12158 was adopted becoming Resolution No. 03-136, The caption of Resolution No. 03-136 reads as follows: RESOLUTION NO. 03-136 A RESOLUTION WITHDRAWING CITY OF PORT ARTHUR SUPPORT FOR THE TXDOT FUNDED HIKE AND BIKE TRAIL PROIECT ON THOMAS BOULEVARD FROM HOUSTON AVENUE TO WOODWORTH BOULEVARD, ACCOUNT NO. 303- 1603-591.89-00, CzP 507. VIII. REPORTS OF BOARDS & COMMITFEES None IX. *CLOSED MEETING (EXECUTIVE SESSION) Closed Meetinq: Section 551.074 Government Code - To Discuss The Evaluations Of City Attorney, City Secretary And City Manager. The City Council recessed their meeting at 7:57 p.m. to meet in Executive Session to consider the above-mentioned topics and reconvened their meeting at 8:08 p.m. with the following members present: Mayor Ortiz; Councilmembers Hannah, Barker, Henderson, Beard, Thompson and Chaisson; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. X, FUTURE AGENDA ITEMS OR REQUESTED REPORTS Councilmember Henderson Requested that the City Attorney place an Executive Session item on the next Council Meeting Agenda regarding Tres Cabelleros. IX. AD3OURNMENT OF MEETING Upon the motion of Councilmember Henderson, seconded by Councilmember Beard and carried unanimously, the City Council adjourned their meeting at 8:11 p.m. 9 City Council Minutes May 13, 2003 An audio tape of this meeting is on file in the office of the City Secretary and is made a pa~t of the official minutes of this meeting. MAYOR A~E~: CITY SECRETARY END OF REGULAR MEEI'ING HELD May 13, 2003. APPROVED: City Council Minutes May 13. 2003 10