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Home My WebLink AboutJUNE 10, 2003REGULAR MEETZNG - 3une 10, 2003 ROLL CALL, ZNVOCATTON & PLEDGE The City Council of the City of Port Arthur met in Regular Session on Tuesday, ]une 10, 2003 at 5:41 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Oscar G. Ortiz; Councilmembers Craig Hannah, Felix A. Barker, Thomas .~. Henderson, Ronnie H. Thompson, Rose M. Chaisson and Michael "Shane" Sinegal; City Manager Steve Fitzgibbons; City Secretary Evangeline Green and City Attorney Mark Sokolow. Mayor Pro Tern Tom Gillam, IT]~, arrived at 5:50 p.m. The invocation was given by Councilmember Barker followed by the pledge to the flag. ZZ. PROCLAMATt'ONS & Mt'NUTES Minutes - Regular Meeting - May 27, 2003 Upon the motion of Councilmember Henderson, seconded by Councilmember Barker and carried unanimously, the City Council approved the above-mentioned Minutes. Minutes--]oint Special Meeting - May 27, 2003 Upon the motion of Councilmember Henderson, seconded by Councilmember Barker and carried unanimously, the City Council approved the above-mentioned Minutes. I~rI. PET1~TZONS &COMMUNICATZONS A, Soeakers .lesse Castro Regarding Local Labor Employment And Tax Abatements Mr. ]esse Castro, 3000 Memorial Blvd., appeared before the Council and spoke on the above-mentioned topic. (2) Terry Erwin Regarding AMF Materials And Transport Bid Submission Ms. Terry Erwin, 6154 25th Street, appeared before the Council and spoke on the above-mentioned topic. (3) 3ames Kaufman Regarding Port Arthur Businesses Owned By City Residents - Continued Mr. ]ames Kaufman, 720 5th Avenue, appeared before the Council and turned the presentation of the above-mentioned topic over to Mrs. ]ocelyn Kaufman. (4) 3ocelyn Kaufman Regarding Port Arthur Businesses Owned By City Residents Mrs. ]ocelyn Kaufman, 720 5th Avenue, appeared before the Council and spoke on the above-mentioned subject. (5) Barbara Tegtmeier Regarding ADAPT Of Texas - Disability Rights Mrs. Barbara Tegtmeier, 415 9th Avenue, appeared before the Council and spoke on the above-mentioned subject--specifically addressing the need for curb cuts and accessibility issues in compliance with ADA standards. Mr. Tegtmeier also commented on the topic. ~CLOSED f4EETZNG (EXECUTZVE SESS1~ON) Closed F4eetinq: {:t) Section 551.072 Government Code - To Discuss Drill Sites, Designation Of Five (5) Acre Tract And Value Of Land For Second Business Park On The Williams & Rao Tract. The City Council recessed their meeting at 7:08 to meet in Executive Session to consider the above-mentioned topic, and reconvened their meeting at 7:43 p.m. with the following members present: Mayor Ortiz; Councilmembers Hannah, Barker, Henderson, Thompson, Chaisson and Sinegal; City Manager Fitzgibbons; City Secretary Evangeline Green and City Attorney Sokolow. Mayor Pro Tern Gillam returned to his seat after the roll call at 7:44 p.m. TV. PUBLZC HEARINGS - 7:00PM To Consider Adopting An Ordinance As To Not Allow Any Drilling On The Drill Sites That Are Located In Block 12 Of Range "K" And Lots 3, 4, 5 And 6 Of Block 12 Of Range "-1" Of The Port Arthur Land Company Subdivision. The Mayor introduced the above-mentioned Public Hearing. The City Attorney presented an overview of procedures taken regarding notification of the parties and presented an overview of the recommendation. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the Public Hearing. The following individuals appeared before the Council and spoke regarding the above- mentioned consideration to adopt an ordinance to not allow drilling on the above described drill sites: Mrs. Nancy Manning Reece, 5846 Shady Rivers, Houston, Texas 77057 Mrs. Rosemary -1ablonowski, 8 West Shady Lane, Houston, Texas 77063 Mr. Mark Hayes, 3737 Park Lane, Port Arthur, Texas 77642 Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal and carried unanimously the Council closed the Public Hearing at 8:10 p.m. 1~TEF4S REI~UTRZNG ]NDTV]DUALACT]ON--NON-CONSENT B. Ordinances P.O. No. 5339 - An Ordinance Restricting Drilling On The Drill Sites Retained In The Areas Of Lots 3, 4, 5 And 66 Of Block 12 Of Range ".1" And In Block 12 Of Range "K" Of The Port Arthur Land Company Subdivision, Providing For A Penalty And Providing For Publication. There Will Also Be A Public Hearing On This Matter. The City Manager introduced the above-mentioned Proposed Ordinance. The City Attorney read the following language to be added to Proposed Ordinance No. 5339: Section 6. That this Ordinance shall in no event be in effect until .lune 25, 2003. At the City Council meeting of-1une 24t~ at 9:00 a.m., the City Council will hold another Public Hearing on this matter as to consider altering or adjusting this Ordinance if the City Council so chooses. If no additional action is taken, the Ordinance will remain in effect. 2 City Council Minutes .lune 10, 2003 The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Ordinance No. 5339 be adopted as amended with the language added by the City Attorney in Section 6. Proposed Ordinance No. 5339 was adopted as amended becoming Ordinance No. 03- 029. Voting Yes: Mayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Barker, Henderson, Thompson, Chaisson and Sinegal. Voting No: None. The caption of Ordinance No. 03-029 reads as follows: ORDtNANCE NO. 03-029 AN ORDZNANCE RESTRZCTTNG DRZLLZNG ON THE DRZLL SZTES RETAZNED TN THE AREAS OF LOTS 3~ 4, 5 AND 66 OF BLOCK 12 OF RANGE ~J" AND tN BLOCK 12 OF RANGE "K' OF THE PORT ARTHUR LAND COMPANY SUBDIV]~SION~ PROVZDING FOR A PENALTY AND PROVIDING FOR PUBLICATION. THERE WILL ALSO BE A PUBLIC HEARING ON THIS MAI'rER. Consent- Resolution (g) P. R. No. 12230 - A Resolution Recommending Recipients For The 2003 Rose Mitchell Chaisson Scholarship Award That Was Established To Provide Educational Assistance For Port Arthur's Graduating Students To Obtain A Degree That Will Benefit The Economic Growth Of The City. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Chaisson that Proposed Resolution No. 12230 be adopted. Councilmember Chaisson presented Scholarship letters containing the awards to the following 2003 recipients present at the Council Meeting: Jiperi Breau Sheena Brown Ana Ceja Dante Eglin Amber Ford Arian Stevens Allyson Washington Proposed Resolution No. 12230 was adopted becoming Resolution No. 03-157. Voting Yes: Mayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Barker, Henderson, Thompson, Chaisson and Sinegal. Voting No: None. City Council Minutes .lune 10, 2003 3 The caption of Resolution No. 03-157 reads as follows: RESOLUT?ON NO. 03-157 A RESOLUTZON RECOI~tMENDZNG RECZPZENTS FOR THE 2003 ROSE t4ZTCHELL CHAZSSON SCHOLARSHTP AWARD THAT WAS ESTABL1tSHED TO PROVTDE EDUCATTONAL ASSTSTANCE FOR PORT ARTHUR'S GRADUATTNG STUDENTS TO OBTATN A DEGREE THAT WTLL BENEFTT THE ECONOf4TC GROWTH OF THE CTTY. Mrs. Fabiola Small, 940 Stilwell, presented to the City--15 American Flags donated by the Woodman Lodge No. 6192 to the city in honor of Flag Day and Patriotism on this coming Saturday, .lune 14, 2003. TTT. PETTTTONS &COI~IF4UNTCATTONS B. Corresl)ondence Correspondence From f4ayor Pro Tern Gillam Regarding The BOSS Conference Councilmember Gillam commented on and presented highlights of the success of the BOSS conference held at the Holiday Tnn Park Central and Port Arthur Civic Center on .lune 4 - 6, 2003. V. UNFTNTSHED BUSTNESS P.R. No. 12217 - A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And Terracon, Tnc., For Professional Services Associated With The EPA Brownfields Assessment Demonstration Pilot Study; Contract Amount Not To Exceed $120,000; Funding Available Tn Account No. 113-1429- 582.54. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Resolution No. 12217 be adopted. Administrative Assistant to the City iVlanager/Brownfields Manager Doris Gill appeared before the Council and explained the importance of expediting the Assessment Phase and recommended approval of the Proposed Resolution. Brownfields Committee Co-Chairman Anderson Harrison, 6100 Reba Drive appeared before the Council and discussed the Proposed Resolution. Brownfields Committee Co-Chairman Willie Lewis, 2301 Lakeshore Drive, appeared before the Council and discussed the sites and recommended moving forward with the assessment. Mr. Donald Edwards, 1249 W. Sixth Street, appeared before the Council and questioned the Co-Chairmen regarding the Assessment Phase and plans for the assessment of the sites. City Council Minutes .lune 10, 2003 4 Proposed Resolution No. 12217 was adopted becoming Resolution No. 03-158. Voting Yes: Mayor Ortiz; Councilmembers Hannah, Barker, Henderson, Thompson, Chaisson and Sinegal. Voting No: Mayor Pro Tern Gillam. The caption of Resolution No. 03-158 reads as follows: RESOLUTION NO. 03-158 A RESOLUTION AUTHORtl'ZNG THE EXECUT1~ON OF A CONTRACT BETWEEN THE Ct'TY OF PORT ARTHUR AND TERRACON, INC., FOR PROFESSIONAL SERVICES ASSICATED WITH THE EPA BROWNFIELDS ASSESSMENT DEMONSTRATION PILOT STUDY; CONTRACT AMOUNT NOT TO EXCEED $120,000; FUNDING AVAILABLE IN ACCOUNT NO. 113-1429-582.54. VI. CONSENT AGENDA Upon the motion of Councilmember Henderson, seconded by Councilmember Hannah and carried unanimously, the following Consent Agenda items were adopted with the exception of Item B. Consideration And Approval Of Payment For Emergency Replacement Engine To A 1994 Caterpillar D-TH Dozer (Equipment #1107) In The Amount Of $8,665.07 To Mustang Tractor & Equipment Co., Of Houston, Texas For The Public Works Department (Solid Waste Landfill Division). C. Expense Accounts Mayor Oscar G. Ortiz: City Business Trip To Philadelphia, PA, May 28-29, 2003 Use Of Personal Auto On In/Out Of Town City Business, May, 2003 $ 97.84 $164.80 Mayor Pro Tem Tom Gillam, IlL: Use Of Personal Auto On City Business, May, 2003 $100.00 Councilmember Felix A. Barker: Use Of Personal Auto On City Business, May, 2003 $100.00 Councilmember Rose Chaisson: Use Of Personal Auto On City Business, April - May, 2003 $200.00 Resolutions - Consent (1) P. R. No. 12122 - A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And Rene Bates Auctioneers, Inc. To Conduct Online Auctions For The Sale Of Surplus City Equipment. City Council Minutes June 10, 2003 5 Proposed Resolution No. 12122 was adopted becoming Resolution No. 03-159. (2) P. R. No. 12123 - A Resolution Authorizing The Execution Of A Contract Between The City Of Port Arthur And Property Bureau, ThC. For The Sale Of Surplus City Non-Fleet Equipment And General Merchandise Online. Proposed Resolution No. 12123 was adopted becoming Resolution No. 03-160. (3) P. R. No. 12213 - A Resolution Authorizing The Execution Of A One Year Extension Of An Existing Contract With ~]oey's Tractor Service For Grass Cutting Services Of Privately- Owned And City-Owned Developed Lots Tn An Area Of The City Designated As Area "A". Charge To Account No. 001- 1401-551.59-00. Proposed Resolution No. 12213 was adopted becoming Resolution No. 03-161. (4) P. R. No. 12214 - A Resolution Authorizing The Execution Of A One Year Extension Of An Existing Contract With Sandra's Enterprises For Grass Cutting Services Of Privately-Owned And City-Owned Vacant Lots Tn An Area Of The City Designated As Area "A'. Charge To Account No. 001-140- 1551.59-00. Proposed Resolution No. 12214 was adopted becoming Resolution No. 03-162. (5) P. R. No. 12215 - A Resolution Authorizing The Execution Of A One Year Extension Of An Existing Contract With Nick Portacci For Grass Cutting Services Of Privately-Owned And City-Owned Developed Lots Tn An Area Of The City Designated As Area "B". Charge To Account No. 001-1401- 551.59.00. Proposed Resolution No. 12215 was adopted becoming Resolution No. 03-163. (6) P. R. No. 12223 A Resolution Approving Sewer Adjustments To Certain Utility Accounts. Proposed Resolution No. 12223 was adopted becoming Resolution No. 03-164. (7) P. R. No. 12226 - A Resolution Authorizing The Second Year Of The Existing Three Year Pager Service Contract With Metrocall Wireless Of Houston, Texas For An Estimated Amount Of $5,100.00 For The Current Year. Proposed Resolution No. 12226 was adopted becoming Resolution No. 03-165. (8) P. R. No. 12227 - A Resolution Authorizing The City Manager TO Execute And The City Secretary To Attest To A Service Agreement Between Motorola, Tnc., And The City Of Port Arthur Tn The Amount Of $1,105 Per Month Or $13,260 Annually. Proposed Resolution No. 12227 was adopted becoming Resolution No. 03-166. City Council Minutes .lune 10, 2003 6 VII. ITEMS REQUIRING INDIVIDUAL ACTION Consent Aaenda Item Consideration And Approval Of Awarding A Bid For The Purchase Of One Self-Propelled Chip Spreader To Geffs Manufacturing, Inc., Of Pocatello, tdaho In The Amount Of $141,160 For The Public Works Department (Street Division). The Mayor introduced the above-mentioned Proposed Item. The motion was made by Councilmember Henderson and seconded by Councilmember Chaisson that Item B be adopted. Public Works Director Leslie McMahen appeared before the Council and explained the item and answered questions. Item B was unanimously approved. Non-Consent A. Resolutions (1) P. R. No. 12228 A Resolution Urging The Texas Department Of Transportation To Complete The Rehabilitation And Resurfacing Of Griffing Drive From Lombardy Drive To State Highway 347 In The Shortest Possible Time. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Thompson that Proposed Resolution No. 12228 be adopted. The motion was made by Councilmember Henderson and seconded by Councilmember Thompson that Proposed Resolution No. 12228 be amended with the following language: "That the Texas Department of Transportation is urged to select another contractor to complete the 32nd Street project." The motion to amend Proposed Resolution No. 12228 carried. Proposed Resolution No. 12228 was adopted as amended becoming Resolution No. 03- 167. Voting Yes: Mayor Ortiz; Mayor Pro Tern Gillam; Councilmembers Hannah, Barker, Henderson, Thompson, Chaisson and Sinegal. Voting No: None. The caption of Resolution No. 03-167 reads as follows: RESOLUTZON NO. 03-167 A RESOLUTION URGING THE TEXAS DEPARTMENT OF TRANSPORTATION TO COMPLETE THE REHABILITATTON AND RESURFACING OF GRZFFING DRIVE FROM LOMBARDY DRIVE TO STATE HIGHWAY 347 IN THE SHORTEST POSSTBLE TTI~tE. City Council Minutes .lune 10, 2003 ? (2) P. R No. 12229 A Resolution Authorizing The Advertisement For Sale Of The City's Surplus Buildings Located At 601/603 5m Street, 615 5th Street, 621 5th Street, 648 5th Street And The Tritico Building At 7th Street And Mobile Avenue. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Resolution No. 12229 be adopted. City Manager Fitzgibbons commented on the Proposed Resolution regarding the authorization for advertising the sale of the above-mentioned surplus buildings. Proposed Resolution No. 12229 was adopted becoming Resolution No. 03-168. Voting Yes: Mayor Ortiz; Mayor Pro Tern Gillam; Councilmembers Hannah, Barker, Henderson, Thompson, Chaisson and $inegal. Voting No: None. The caption of Resolution No. 03-168 reads as follows: RESOLUTION NO. 03-168 A RESOLUTION AUTHORIZING THE ADVERTISEMENT FOR SALE OF THE CITY'S SURPLUS BUILDINGS LOCATED AT 601/603 5TH STREET, 615 5TH STREET, 621 5TH STREET, 648 5TH STREET AND THE TRZTICO BUILDING AT 7TH STREET AND MOBILE AVENUE. *Reoorts And Recommendations (1) April, 2003 Financial Report Finance Director Rebecca Underhill presented the above-mentioned report. (2) Status Report On Clean-Up Of g50 gth Avenue (Howard's Grocery Store) Community Services Director Lawrence Baker presented the above-mentioned report. (3) Report On Calling A Public Hearing To Name A Portion Of Ninth Avenue After Lucian Adams (Requested By Councilmember Henderson) Planning/Grants Director Dale Watson presented the above-mentioned report. The City Manager also commented. VII:[. REPORTS OF BOARDS & COMMI1TEES None City Council Minutes .lune 10, 2003 iX. *CLOSED MEETING ([EXECUTIVE SESSION) Closed Meetinq: ([2) Section 551.07! Government Code - To Discuss With The City Attorney Pending Litigation As it Pertains To The ¢/ty Of Port Arthur Vs. The Attorney Genera/. (3) Section 551.087 - Government Code - To Discuss Economic incentives For New Commercial Business Prospects. The City Council recessed their meeting at 9:55 p.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 10:23 p.m. with the following members present: Mayor Ortiz; Councilmembers Hannah, Barker, Henderson, Thompson, Chaisson and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. Mayor Pro Tern Gillam, ITI, left the meeting at 9:55 p.m. X. FUTURE AGENDA iTEMS OR REQUESTED REPORTS Mayor Ortiz: Report on hiring an outside firm to research the monthly compensation for the city council. Councilmember Chaisson: Report on costs for covering city swimming pools. Councilmember Sinegal: Present a Proclamation to recognize the Port Arthur Memorial Track Team for setting a national record in the 5A Boys' 800-Meter Relay during the UTL Track and Field State Championships. iX. AD3OURNMENT OF MEETING Upon the motion of Councilmember Chaisson, seconded by Councilmember Henderson and carried unanimously, the City Council adjourned their meeting at 10:28 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. A~E~: MAYOR CiTY SECRETARY END OF REGULAR MEETING HELD June 10, 2003. APPROVED: City Council Minutes June 10, 2003 9