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HomeMy WebLinkAboutSeptember 11, 2007 RegularREGULAR MEETING--September 11, 2007 I. I'NVOCATI'ON, PLEDGE & ROLL CALL Councilmember Chatman gave the invocation followed with the pledge to the flag. The City Council of the City of Port Arthur met in Regular Session on Tuesday, September 11, 2007 at 8:35 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Deloris "Bobbie" Prince; Mayor Pro Tern Michael "Shane' Sinegal; Councilmembers Jack Chatman, Jr., Cai Jones, Thomas J. Henderson and Martin Flood; City Manager Steve Fitzgibbons; City Secretary Evangeline "Van" Green and City Attorney Mark T. Sokolow. Councilmember John Beard, .Ir. was absent from the Regular Meeting. Councilmember Robert E. "Bob" Williamson arrived at 8:40 a.m. Councilmember Henderson made known that long time Griffing Park Neighborhood Watch and Patrol President John Spears, Jr. passed away Monday, September 10, 2007. Mayor Pro Tern Sinegal appealed for prayers for former Thomas Jefferson High School football star and Buffalo Bills Tight End Kevin Everett who suffered from a spinal injury during a kickoff game against the Denver Broncos. II. PROCLAMATIONS & MINUTES Proclamations (1) September 11, 2007- "Celebrate Freedom Day" Police Chief Mark Blanton received the proclamation in remembrance of the tragic events of September 11, 2001. (2) September 17--21, 2007 - "United Way of South Jefferson County Week" United Way Executive Director Carol Hebert received the proclamation and spoke on United Way's motto, "Together We Matter". Minutes- None III. PETITIONS &COMMUNICATIONS A. Presentations A Presentation On M&I Electric Industries, Inc. And 3ob Fair September 22, 2007 (Recreation Center - 1308 9th Avenue) M&I Electric ]~ndustries Vice President of Operations Carl Vitanza appeared before the City Council to conduct a presentation regarding MS~'s operations and worldwide sales. Mr. Vitanza spoke on current and future demands for trained electrical workers and invited Port Arthur citizens to attend a job fair on Saturday, September 22, 2007 from 10:00 a.m. to 2:00 p.m. at the Senior Citizens Recreation Center. M&I Electric Tndustries Quality Systems Manager Hope Turnbow appeared before the City Council to discuss on-the-job training opportunities. IV. PUBLIC HEARINGS - 9:00 AM To Consider A Proposal To Increase Total Tax Revenues From Properties On The Tax Roll In The Preceding Tax Year By 30.60 Percent (Percentage By Which Proposed Tax Rate Exceeds Lower Of Rollback Tax Rate Or Effective Tax Calculated Under Chapter 26, Tax Code). Your Individual Taxes Hay Increase At A Greater Or Lesser Rate, Or Even Decrease, Depending On The Change In The Taxable Value Of Your Property In Relation To The Change In Taxable Value Of All Other Property And The Texas Rate That Is Adopted Mayor Prince introduced the above-mentioned Public Hearing at 9:08 a.m. Finance Director Rebecca Underhill appeared before the City Council to report that the above-mentioned public hearing is a requirement of the Truth and Taxation law to increase property tax revenues and that the City Council will have the opportunity to vote on the proposed tax rate increase on September 25, 2007. Mayor Prince requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned Public Hearing. No one appeared to address the Public Hearing. Upon the motion of Councilmember Henderson, seconded by Councilmember Williamson and carried unanimously, the City Council closed the Public Hearing at 9:09 a.m. The City Council recessed their meeting at 9:10 a.m. to attend the September 11th Commemorative Service, and reconvened their meeting at 10:10 a.m. with the following members present: Mayor Prince; Councilmembers Chatman, ]ones, Henderson and Williamson; City Manager Fitzgibbons, City Secretary Green and City Attorney Sokolow. Mayor Pro Tem Sinegal and Councilmember Flood joined the meeting at 10:12 a.m. III. PETITIONS &COMMUNICATIONS B. Sneakers (1) Stephen f4osely Regarding Relocation Of"The Breeze" Truth and Education Executive Director and President and Chief Operations Officer of The Breeze Radio Station, Stephen Moseley, 1420 Barbara Lane, appeared before the City Council to request consideration in relocating The Breeze radio station to the vacant space at the Health Department building. Radio Personality Leon Wright, no address given, appeared before the City Council to speak on the importance of The Breeze community radio broadcasting services. (2) Aletha Kirkwood Regarding Beautification Commission's New Location Beautification Commission President Aletha Kirkwood, 4248 Ferndale, appeared before the City Council to discuss achievements and responsibilities of the Beautification Commission. She requested consideration in making Beautification Commission appointments that are willing to participate in activities and assume leadership roles. Mrs. Kirkwood expressed dissatisfaction with the donation of their former facility on Ninth Avenue and noted the unsuitability of the new facility on 39th Street. Mayor Prince requested Assistant City Manager and Human Resources Director Harvey Robinson to answer the following question for the record: Port Arthur City Council Page 2 Regular Meeting - September 11, 2007 "The City is not putting any funds into that building on Ninth Avenue, to renovate it for the .lames Hope Center?" Assistant City Manager and Human Resources Director Harvey Robinson responded: "That is correct." C. Corresoondence- None Councilmember Jones left the City Council Chamber at 10:58 a.m. V. UNFINISHED BUSINESS (1) P. R. No. 14280 - A Resolution Approving The Continued Use Of Section 4A Sales And Use Tax Within The City Of Port Arthur For Amateur Sports, And Athletic Purposes And Events Until May 2010 (Proposition 8) The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion by Councilmember Henderson, seconded by Councilmember Chatman and carried unanimously, Proposed Resolution No. 14280 was adopted becoming Resolution No. 07-396. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Henderson, Flood and Williamson. Voting No: None. The caption of Resolution No. 07-396 reads as follows: RESOLUTION NO. 07-396 A RESOLUTTON APPROVING THE CONTZNUED USE OF SECTION 4A SALES AND USE TAX WITHIN THE CITY OF PORT ARTHUR FOR AMATEUR SPORTS, AND ATHLETIC PURPOSES AND EVENTS UNT1~L MAY 2010 (PROPOSTTION 8) Councilmember Jones returned to the City Council Chamber at 11:02 a.m. (2) P. R. No. 14281 - A Resolution Approving The Continued Use Of Section 4A Sales And Use Tax Within The City Of Port Arthur To Promote Or Develop New Or Expanded Business Enterprises That Create Or Retain Primary 3obs, Including A Project To Provide Demolition Of Existing Structures Until May 2010 (Proposition 9) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Chatman that Proposed Resolution No. 14281 be adopted. Community Services Director Lawrence Baker appeared before the City Council to discuss demolition and funding needs. Councilmember Henderson stated the following into the record: For the record, ! just want to point out that the uses that we are proposing here are outside the scope of the current EDC, but they are still necessary for continued commercial development here. If it were possible to do this without the current EDC funding, then we would not need it. Port Arthur City Council Page 3 Regular Meeting - September 11, 2007 But another thing we need to keep in mind, too, is that the half-cent sales tax that the EDC has been collecting over the last couple of years has sky rocketed considerably, and they are not going to be hurt a whole lot by our doing this over the money that they currently have. And this is my opinion. The motion was made by Councilmember Flood and seconded by Councilmember Williamson that Proposed Resolution No. 14281 be tabled. The following roll call vote was taken on the motion to table Proposed Resolution No. 14281: Councilmember Chatman Councilmember Flood Councilmember Henderson Councilmember 3ones Councilmember Williamson Mayor Pro Tem Sinegal Mayor Prince "Yes" "Yes" "Yes" "Yes" "Yes The motion to table Proposed Resolution No. 14281 carried over the dissenting votes of Mayor Pro Tern $inegal and Councilmember Chatman. Proposed Resolution No. 14281 was tabled. (3) P. R. No. 14324 - A Resolution Authorizing The Advertisement For Bids For An Option To Purchase The Sabine Hotel The Mayor introduced the above-mentioned Proposed Resolution. Councilmember Flood recused himself from the above-mentioned item and filed a conflict of interest affidavit with the City Secretary. Upon the motion by Councilmember Henderson, seconded Williamson and carried unanimously, Proposed Resolution No. becoming Resolution No. 07-397. by Councilmember 14324 was adopted Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, 3ones, Henderson and Williamson, Voting No: None. The caption of Resolution No. 07-397 reads as follows: RESOLUTION NO. 07-397 A RESOLUTION AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR AN OPTION TO PURCHASE THE SABINE HOTEL VL CONSENT AGENDA Upon the motion of Councilmember Williamson, seconded by Councilmember 3ones and carried unanimously, the following Consent Agenda items were adopted with the exception of Items B: Consideration And Approval Of The Purchase Of A Software Upgrade From LT Systems, .~n¢., Of Port Neche~ TX And The Supporting Hardware From De//, Austin, TX (Throu§l~ D_rR.) In The Total Amount Of $34,469.20 For The Municipal Court Port Arthur City Council Page 4 Regular Meeting - September 11, 2007 3udge Kermit Morrison: Attend Legislative Update Tn Austin, TX August 15-18, 2007 $542.85 Resolutions - Consent (1) P. R. No. 14322 - A Resolution To Rescind The Three (3) Year Contract For Janitorial Services In The City Hall/Annex Building With Southeast Texas Building Services, THC., Of Nederland, Texas And Authorize The Purchasing Division To Advertise For Bids Proposed Resolution No. 14322 was adopted becoming Resolution No. 07-398. (2) P. R. No. 14335 A Resolution Authorizing The City Manager To Enter Into A Letter Agreement With Lamar University For The Taping Of Governmental Meetings Proposed Resolution No, 14335 was adopted becoming Resolution No. 07-399. (3) P. R. No. 14336 - A Resolution Affirming The Investment Policies Of The City Of Port Arthur For The 2007-2008 Fiscal Year Proposed Resolution No. 14336 was adopted becoming Resolution No, 07-400. (4) P. R. No. 14337 - A Resolution Authorizing The Execution Of An Agreement To Share Operating Expenses Of Rose Hill Between The City Of Port Arthur And The Federated Women's Club Of Port Arthur For The 2007-2008 Fiscal Year, In An Amount Not To Exceed $12,000, Account #140- 1405-551.59.00, M97908 Proposed Resolution No, 14337 was adopted becoming Resolution No. 07-401. (5) P. R. No. 14338 - A Resolution Approving A Contract Between The City Of Port Arthur, Lamar State College-Port Arthur And The Port Arthur Historical Society For The Purpose Of Funding The Museum Of The Gulf Coast For The 2007-2008 Fiscal Year In The Amount Of $76,000, Account #140-1405-557.59-00, M97904 Proposed Resolution No. 14338 was adopted becoming Resolution No. 07-402. (6) P. R. No. 14339 - A Resolution Approving A Contract Between The City Of Port Arthur And The Port Arthur Historical Society For The Purpose Of Funding The Pompeiian Villa For The 2007-2008 Fiscal Year In The Amount Of $19,800, Account #140-1405-551.59-00, M97909 Proposed Resolution No, 14339 was adopted becoming Resolution No. 07-403. (7) P. R. No. 14340 - A Resolution Approving An Amendment To The Contract Between The City Of Port Arthur And The Port Arthur Convention And Tourist Association Which Manages And Operates A Convention/Visitors Bureau Proposed Resolution No. 14340 was adopted becoming Resolution No. 07-404. Port Arthur City Council Page 5 Regular Meeting - September 11, 2007 (8) P. R. No. 14341 - A Resolution Approving A Contract Between The City Of Port Arthur And Southeast Texas Arts Council (SETAC) For The Purpose Of Funding SETAC For The 2007-2008 Fiscal Year In The Amount Of $45,000, Account #001-1003-512.59-00, M97901 Proposed Resolution No. 14341 was adopted becoming Resolution No. 07-405. (9) P. R. No. 14344 - A Resolution Awarding A Contract To K-T Construction, LLC In The Amount Of $14,500.00, And Authorizing The Execution Of A Contract For .T. he Demolition Of Five (5) Dangerous Residential Properbes (Group A-t), To Be Charged To Account No. 132-1021- 514.59-00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Other Available Funding Sources Proposed Resolution No. 14344 was adopted becoming Resolution No. 07-406. (10) P. R. No. 14345 - A Resolution Awarding A Contract To K-T Construction, LLC In The Amount Of $12,400.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group B-t), To Be Charged To Account No. 132-1021- 514.59-00; Project No. SSBG03; Structures Zneligible For The Grant Will Be Charged To Other Available Funding Sources Proposed Resolution No. 14345 was adopted becoming Resolution No. 07-407. (11) P. R. No. 14346 - A Resolution Awarding A Contract To K-T Construction, LLC Zn The Amount Of $18,050.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group C-t), To Be Charged To Account No. 132-1021- 514.59-00; Project No. SSBG03; Structures ~neligible For The Grant Will Be Charged To Other Available Funding Sources Proposed Resolution No. 14346 was adopted becoming Resolution No. 07-408. (12) P.R. No. 14347 - A Resolution Awarding A Contract To Lark Group, [nc. [n The Amount Of $20~100.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group D-t), To Be Charged To Account No. 132-1021-514.59-00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Other Available Funding Sources Proposed Resolution No. 14347 was adopted becoming Resolution No. 07-409. (13) P. R. No. 14348 - A Resolution Awarding A Contract To K-T Construction, LLC In The Amount Of $20,600.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group E-t), To Be Charged To Account No. 132-1021- 514.59-00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Other Available Funding Sources Proposed Resolution No. 14348 was adopted becoming Resolution No. 07-410. Port Arthur City Council Page 6 Regular Meeting - September 11, 2007 (14) P. R. No. 14349 - A Resolution Awarding A Contract To K-T Construction, LLC In The Amount Of $14,400.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group A), To Be Charged To Account No. 132-1021- 514.59-00; Project No. SSBG03; Structures l~neligible For The Grant Will Be Charged To Other Available Funding Sources Proposed Resolution No. 14349 was adopted becoming Resolution No. 07-411. (15) P. R. No. 14350 - A Resolution Awarding A Contract To K-T Construction, LLC in The Amount Of $9,650.00, And Authorizing The Execution Of A Contract For .T. he Demolition Of Six (6) Dangerous Residential Properties (Group B), To Be Charged To Account No. 132-1021- 514.59-00; Project No. SSBG03; Structures ineligible For The Grant Will Be Charged To Other Available Funding Sources Proposed Resolution No. 14350 was adopted becoming Resolution No. 07-412. (16) P. R. No. 14351 - A Resolution Awarding A Contract To K-T Construction, LLC in The Amount Of $14,000.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group C), To Be Charged To Account No. 132-1021- 514.59-00; Project No. SSBG03; Structures ineligible For The Grant Will Be Charged To Other Available Funding Sources Proposed Resolution No. 14351 was adopted becoming Resolution No. 07-413. (17) P. R. No. 14352 - A Resolution Awarding A Contract To K-T Construction, LLC in The Amount Of $15,650.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group D), To Be Charged To Account No. 132-1021- 514.59-00; Project No. SSBG03; Structures ineligible For The Grant Will Be Charged To Other Available Funding Sources Proposed Resolution No. 14352 was adopted becoming Resolution No. 07-414. (18) P.R. No. 14353 - A Resolution Awarding A Contract To K-T Construction, LLC in The Amount Of $11,150.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group E), To Be Charged To Account No. 132-1021- 514.59-00; Project No. SSBG03; Structures ineligible For The Grant Will Be Charged To Other Available Funding Sources Proposed Resolution No. 14353 was adopted becoming Resolution No. 07-415. (19) P.R. No. 14354 - A Resolution Awarding A Contract To Lark Group, inc. in The Amount Of $17,300.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group F), To Be Charged To Account No. 132-1021-514.59-00; Project No. SSBG03; Structures ineligible For The Grant Will Be Charged To Other Available Funding Sources Port Arthur City Council Page 7 Regular Meeting - September 11, 2007 Proposed Resolution No. 14354 was adopted becoming Resolution No. 07-416. (20) P. R. No. 14356 - A Resolution Awarding A Contract To K-T Construction, LLC tn The Amount Of $13,900.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group H), To Be Charged To Account No. 132-1021- 514.59-00; Project No. SSBG03; Structures Zneligible For The Grant Will Be Charged To Other Available Funding Sources Proposed Resolution No. 14356 was adopted becoming Resolution No. 07-417. (21) P. R. No. 14357 A Resolution Authorizing The City Manager And Fire Chief To Accept The FY 2007 Assistance To Firefighters Grant Proposed Resolution No. 14357 was adopted becoming Resolution No. 07-418. (22) P. R. No. 14358 A Resolution Authorizing The City Manager To Enter Znto A Contract With RWL Group For Risk Management Consulting Services At The Not To Exceed Cost Of $18,000 For The 2007-2008 Fiscal Year. Funding By: General Liability Znsurance Fund 612-1702-581.52.00 Proposed Resolution No. 14358 was adopted becoming Resolution No. 07-419. (23) P.R. No. 14359 - A Resolution Authorizing The Purchase Of Windstorm Coverage (Commercial And Residential) tn The Amount Of $460,345.25 Per Annum. Proposed Funding By: General Liability Znsurance Fund: 612-1702-581.52-00 - $460,345.25 Proposed Resolution No. 14359 was adopted becoming Resolution No. 07-420, (24) P. R. No. 14360 - A Resolution Authorizing The City Manager To Do Ali Things Necessary To Execute The Settlement Of A Claim tn The Amount Of $6,536.62 Made Against Texas Municipal League tntergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Vehicle #1605 Proposed Resolution No. 14360 was adopted becoming Resolution No. 07-421. (25) P. R. No. 14361 - A Resolution Authorizing The City Manager To Execute Renewal Contracts Between tbs Third Party Administrator (Administrative Services Only) For The City Of Port Arthur Group Medical, Dental Znsurance; For Basic Life, And For Basic Accidental Death And Dismemberment, And Excess Loss tndemnity With Blue Cross And Blue Shield Of Texas, tnc. Fund No. (S) 614- Health Tnsurance Fund Proposed Resolution No. 14361 was adopted becoming Resolution No. 07-422. (26) P. R. No. 14362 - A Resolution Authorizing The City Of Port Arthur To Support A Comprehensive Selective Traffic Enforcement Grant (S.T.E.P.) tn The Amount Of $50,078.20 With A Cash Match By The City Of Port Arthur Zn The Amount Of $6,347.50 (Account No. 001-1101-521.92-00) Proposed Resolution No. 14362 was adopted becoming Resolution No. 07-423. Port Arthur City Council Page 8 Regular Meeting - September 11, 2007 (27) P. R. No. 14363 - A Resolution Authorizing Submitting An Application To The Economic Development Administration For A Grant For Water System Zmprovements Proposed Resolution No. 14363 was adopted becoming Resolution No. 07-424. (28) P. R. No. 14364 - A Resolution Authorizing A License For The Construction Of A Recreational Vehicle Park On 6.8 Acres Of Land On North Side Of Pleasure Zsland Blvd. Between The Wave Barrier And The Sabine Neches Channel Proposed Resolution No. 14364 was adopted becoming Resolution No. 07-425. (29) P. R. No. 14365 A Resolution Approving Teaching, Assessment, And Class Monitor Contracts As Tt Pertains To The Community Prosecution Program Proposed Resolution No. 14365 was adopted becoming Resolution No. 07-426. (30) P.R. No. 14370 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts Proposed Resolution No. 14370 was adopted becoming Resolution No. 07-427. VZ]. ZTEMS RE(~UZRZNG ZNDZVZDUAL ACTZON - NON-CONSENT Consent Ttems Consideration And Approval Of Payment To E~ Per/co Publi$1~ing And Broadcasting Of Port Arthur~ TX 'l'n The Amount Of $6,000 For Advertisement Space For A Twelve (12) Month Period The Mayor introduced the above-mentioned Item. The motion was made by Councilmember Henderson and seconded by Councilmember Williamson that Item B be adopted. Councilmember Henderson requested distribution of the E~ Per/co newspaper to the City Councilmembers. E~ Per/co Vice President Caleb Avila, 3820 Delaware, appeared before the City Council to address inquiries related to providing Spanish publication and radio broadcasting services for members of the Hispanic community. Item B was adopted. A. Resolutions (m) P. R. No. 14283 - A Resolution Authorizing A Contract With Germer Gertz For Legal Services As The Primary Attorney For The City Of Port Arthur Section 4a Economic Development Corporation The City Attorney requested that Proposed Resolution No. 14283 be considered alter the Executive Session. (2) P. R. No. 14355 - A Resolution Awarding A Contract To K. H. Dugas Construction & Demolition ]n The Amount Of $14,900.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group G), To Be Charged To Account No. 132- 1021-5;L4.59-00; Project No. SSBG03, Structures [neligible Port Arthur City Council Page 9 Regular Meeting - September 11, 2007 For The Grant Will Be Charged To Other Available Funding Sources The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Williamson and seconded by Councilmember Henderson that Proposed Resolution No. 14355 be adopted. Community Services Director Lawrence Baker appeared before the City Council to address inquires related to policies requiring demolition contractors to submit landfill deposits. City Attorney Mark Sokolow recommended the following amendment: That this resolution is contingent upon K.H. Dugas Construction & Demolition providing documentation by September 25, 2007 that any and all debris that K.H. Dugas Construction & Demolition has previously received from any City project has been properly disposed of and that K.H. Dugas Construction & Demolition is now in compliance with T.C.E.Q. ('rexas Commission on Environmental Quality) regulations. The motion was made by Councilmember Williamson and seconded by Councilmember Henderson that Proposed Resolution No. 14355 be amended as stated by the City Attorney. The motion to amend Proposed Resolution No. 14355 was approved by a unanimous vote. Proposed Resolution No. 14355 was adopted as amended, becoming Resolution No. 07-428. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson and Williamson. Voting No: None. The caption of Resolution No. 07-428 reads as follows: RESOLUTTON NO. 07-428 A RESOLUTZON AWARDING A CONTRACT TO K. H. DUGAS CONSTRUCTION & DEMOLTTION THE AMOUNT OF $14~900.00, AND AUTHOR1~ZTNG THE EXECUTION OF A CONTRACT FOR THE DEMOLITION OF FTVE (5) DANGEROUS RESTDENTTAL PROPERTIES (GROUP G), TO BE CHARGED TO ACCOUNT NO. 132-1021-514.59-00; PRO3ECT NO.SSBG03~ STRUCTURES 1~NELTGTBLE FOR THE GRANT WILL BE CHARGED TO OTHER AVAILABLE FUNDING SOURCES Councilmember Flood returned to the City Council Chamber at 11:36 a.m. (3) P. R. No. 14367 - A Resolution Authorizing The Purchasing Division To Advertise For The Sale Of Lots 1-7, Block 462 Owned By The City of Port Arthur (Requested By City Manager) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Williamson that Proposed Resolution No. 14367 be adopted. Port Arthur City Council Page 10 Regular Meeting - September 11, 2007 Councilmember Williamson suggested consulting with the Marshall Group, a downtown revitalization firm, to verify if they are interested in developing the property. The motion was made by Councilmember Flood and seconded by Councilmember Williamson that Proposed Resolution No. 14367 be tabled. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, 3ones, Henderson, Flood and Williamson. Voting No: None. Proposed Resolution No. 14367 was tabled. (4) P. R. No. 14368 - A Resolution As It Pertains To Approving A Purchase Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Embree Asset Group, Inc. The City Attorney requested that Proposed Resolution No. 14368 be considered after the Executive Session. (5) P. R. No. 14369 - A Resolution Authorizing The Execution Of An Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And The City Of Port Arthur As It Pertains To Administrative Charges For The Fiscal Year October 1, 2007 Through September 30, 2008 The City Attorney requested that Proposed Resolution No. 14369 be considered after the Executive Session. B. Ordinances (1) P. O. No. 5787 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2006 And Ending September 30, 2007 As To Fund Additional Expenses For The Police Department, Solid Waste Fund And Municipal Court Technology Fund The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion by Councilmember Henderson, seconded by Councilmember 3ones and carried unanimously, Proposed Ordinance No. 5787 was adopted becoming Ordinance No. 07-62. Voting Yes: Mayor Prince; Mayor Pro Tern Sinegal; Councilmembers Chatman, 3ones, Henderson, Flood and Williamson. Voting No: None. The caption of Ordinance No. 07-62 reads as follows: ORDINANCE NO. 07-62 AN APPROPRI~ATION ORD1~NANCE AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006 AND ENDTNG SEPTEMBER 30, 2007 AS TO FUND ADDITIONAL EXPENSES FOR THE POL1~CE DEPARTMENT, SOLrD WASTE FUND AND MUNICIPAL COURT TECHNOLOGY FUND Port Arthur City Council Page 11 Regular Meeting - September 11, 2007 (2) P. O. No. 5788 An Ordinance Authorizing The City Manager To Do All Things Necessary To Execute Settlement Of A Claim In The Amount Of $8,174.17 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of The Property Damage To City Vehicle #1530 The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion by Councilmember Williamson, seconded by Councilmember Chatman and carried unanimously, Proposed Ordinance No. 5788 was adopted becoming Ordinance No. 07-63. Voting Yes: Mayor Prince; Mayor Pro Tern Sinegal; Councilmembers Chatman, Jones, Henderson, Flood and Williamson. Voting No: None. The caption of Ordinance No. 07-63 reads as follows: ORDINANCE NO. 07-63 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EXECUTE SETrLEMENT OF A CLAIM IN THE AMOUNT OF $8,174.17 MADE AGAINST TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL (TML) AS A RESULT OF THE PROPERTY DAMAGE TO CITY VEHICLE #1530 (3) P. O. No. 5789 - An Ordinance Authorizing A Special Warranty Deed Of Property To Southeast Texas Interfaith Organization The City Manager introduced the above-mentioned Proposed Ordinance. Councilmember Williamson recused himself from the above-mentioned item and filed a conflict of interest affidavit with the City Secretary. The motion was made by Councilmember Henderson and seconded by Councilmember Chatman that Proposed Ordinance No. 5789 be adopted. Planning, Zoning and Grants Director Dale Watson appeared before the City Council to report that the property is located in the El Vista Subdivision at Shreveport and 48th Street. Proposed Ordinance No. 5789 was adopted, becoming Ordinance No. 07-64. Voting Yes: Mayor Prince; Mayor Pro Tern Sinegal; Councilmembers Chatman, Jones, Henderson and Flood. Voting No: None. The caption of Ordinance No. 07-64 reads as follows: ORDINANCE NO. 07-64 AN ORDINANCE AUTHORIZING A SPECIAL WARRANTY DEED OF PROPERTY TO SOUTHEAST TEXAS INTERFAITH ORGANIZATION Councilmember Williamson returned to the City Council Chamber at 11:41 a.m. Port Arthur City Council Page 12 Regular Meeting - September 11, 2007 (4) P. O. No. 5790 - An Ordinance Amending Chapter 98 (Subdivisions) Of The Code Of Ordinances, City Of Port Arthur To Provide Requirements For Underground Electric, Construction Inspection And Installation Of Street And Traffic Signs, Punishable As Provided In Section 1-13 Of The Code Of Ordinances As Amended By Fine Not Exceeding Two Thousand [$2,000] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion by Councilmember Chatman, seconded by Councilmember Henderson and carried unanimously, Proposed Ordinance No. 5790 was adopted becoming Ordinance No. 07-65. Voting Yes: Mayor Prince; Mayor Pro Tern Sinegal; Councilmembers Chatman, .]ones, Henderson, Flood and Williamson. Voting No: None. The caption of Ordinance No. 07-65 reads as follows: ORDINANCE NO. 07-65 AN ORDTNANCE AMENDTNG CHAPTER 98 (SUBDIVTSIONS) OF THE CODE OF ORDTNANCES, CITY OF PORT ARTHUR TO PROVTDE RE(~UiREMENTS FOR UNDERGROUND ELECTRIC, CONSTRUCTION ~NSPECT~rON AND TNSTALLATION OF STREET AND TRAFFIC STGNS, PUNISHABLE AS PROVIDED IN SECTION 1-13 OF THE CODE OF ORDINANCES AS AMENDED BY FINE NOT EXCEEDTNG TWO THOUSAND [$2,000] DOLLARS); AND PROVIDTNG FOR PUBLICATTON IN THE OFFTCIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECT:[VE TMMEDIATELY AFTER PUBLICAT1'ON DATE (5) P. O. No. 5791 - An Ordinance Allowing For, In Certain Situations Outlined Herein, The Parking, Use And Occupancy Of Recreational Vehicles As Temporary Living (~uarters On Residential Property During The Period Of Repair And Reconstruction Of Damage To Property Caused By Hurricane Rita; Punishable As Provided In Section 1-13 Of The Code Of Ordinances As Amended By Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur And Effective Immediately After Publication Date The City Manager introduced the above-mentioned Proposed Ordinance. Councilmember Flood left the City Council Chamber at 11:46 a.m. The motion was made by Councilmember Henderson and seconded by Councilmember Chatman that Proposed Ordinance No. 5791 be adopted. Planning, Zoning and Grants Director Dale Watson appeared before the City Council to state that the Proposed Ordinance would allow an additional ninety (90) days for temporary housing, and after that date, the homeowner would be allowed an extension Port Arthur City Council Page 13 Regular Meeting - September 11, 2007 if documentation is provided showing that: (1) substantial progress on repairs are being made under a building permit; (2) there is ongoing litigation with their insurance carrier; or (3) application for assistance has been made with a disaster recovery program. Proposed Ordinance No. 5791 was adopted, becoming Ordinance No. 07-66. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson and Williamson. Voting No: None. The caption of Ordinance No, 07-66 reads as follows: ORDtNANCE NO. 07-66 AN ORDTNANCE ALLOWZNG FOR, TN CERTATN STTUATTONS OUTLINED HEREIN, THE PARKING, USE AND OCCUPANCY OF RECREATTONAL VEHICLES AS TEMPORARY LTVING (~UARTERS ON RESTDENTTAL PROPERTY DURING THE PER~OD OF REPATR AND RECONSTRUCTION OF DAMAGE TO PROPERTY CAUSED BY HURRICANE R/TA; PUNISHABLE AS PROVIDED iN SECTION 1-13 OF THE CODE OF ORDINANCES AS AMENDED BY FiNE NOT EXCEEDTNG TWO THOUSAND [$2,000.00] DOLLARS); AND PROViDiNG FOR PUBLiCATiON TN THE OFFICTAL NEWSPAPER OF THE CTTY OF PORT ARTHUR AND EFFECTIVE IMMEDTATELY AFTER PUBLTCATTON DATE (6) P.O. NO. 5792 - An Ordinance Authorizing The Sale Of The Land Located At 44~.~. Highland Drive, Port Arthur, Texas, .235 Acres (Lot 10, Block 40, Griffin Park) Excluding The Lift Station And The 8 Feet By 93.77 Feet Parcel in The Amount Of $3,600 To Sanchez Remodeling Of Port Arthur, Texas The City Manager introduced the above-mentioned Proposed Ordinance. Councilmember Flood returned the City Council Chamber at 11:56 a.m. The motion was made by Councilmember Chatman and seconded by Councilmember Jones that Proposed Ordinance No. 5792 be adopted. Purchasing Manager Joseph Broussard appeared before the City Council to address inquiries related to proposed bidder's building plans. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 5792: Councilmember Chatman Councilmember Flood Councilmember Henderson Councilmember 3ones Mayor Pro Tern Sinegal Councilmember Williamson Mayor Prince "No" "Yes" "No" "No" "Yes" "No" "Yes" The motion to adopt Proposed Ordinance No. 5792 failed over the dissenting votes of Mayor Prince, Councilmember ,]ones and Councilmember Flood. Port Arthur City Council Page 14 Regular Meeting - September 11, 2007 City Manager Steve Fitzgibbons stated that City has no interest in maintaining the property. Purchasing Manager Joseph Broussard appeared before the City Council to address inquiries related to selling the property. Assistant City Manager and Human Resources Manager Harvey Robinson appeared to before the City Council to discuss the bid rejection; and to cite the advertisement and mowing expenses. Mayor Prince stated the following into the record: ".lust for the record, ! don't agree with this. This is just not responsible behavior to me and ! am going to stick with that." Councilmember Williamson stated that his reason for rejecting the proposed bid is that he does not believe that the lot is suitable for building a home. Assistant City Manager and Human Resources Director Robinson suggested that the City Council reconsider the item to allow the proposed bidder to present plans for developing the property. The motion was made by Councilmember Henderson and seconded by Mayor Pro Tern Sinegal that Proposed Ordinance No. 5792 be reconsidered to table to allow the proposed buyer to provide development plans. Proposed Ordinance No. 5792 was tabled. C. *Reoorts And Recommendations (1) Report On Westside Development City Manager Fitzgibbons reported on the Westside Development Meeting held Thursday, September 6, at the Memorial Ninth Grade Campus. He discussed comments related to relocation incentive options to provide safety buffer zones. Mayor Pro Tem Sinegal requested additional information regarding industry's plans for suitable safety buffer zones. Councilmember Chatman requested additional advertisement of Westside Development meetings. TX. *CLOSED MEETING (EXECUT1~VE SESSION) Closed Meetinq: (1) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And Industrial Business Prospects (2) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation As It Pertains To Port Iron And KCS (3) Section 551.072 Government Code - To Discuss The Value Of Land At 3510 Lake Arthur Drive (4) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation As It Pertains To Overdue Water Bills Port Arthur City Council Page 15 Regular Meeting - September 11, 2007 (5) Section 551.071 Government Code - To Discuss With The City Attorney Pending Litigation As It Pertains To City Entergy (6) Section 551.071 Government Code - To Discuss With The City Attorney Prospective Litigation As Zt Pertains To TCEQ (7) Section 551.074 Appointment And Morrison Government Code - To Discuss The Evaluation Of Municipal Court 3udge (8) Section 551,071 Government Code - To Discuss With The City Attorney Potential Litigation As To Candidate Zssues (9) Section 552.074 Government Code - Discuss With The City Attorney His Duties And Responsibilities As Tt Pertains To The Port Arthur Section 4A Economic Development Corporation The City Council recessed their meeting at 12:42 p.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 3:48 p.m. with the following members present: Mayor Prince; Mayor Pro Tern Sinegal; Councilmembers Chatman, 3ones, Henderson and Williamson; City Manager Fitzgibbons, City Secretary Green and City Attorney Sokolow. Councilmember Flood left the meeting during the Executive Session. VZZ. XTEMS RE(~UTRZNG INDZVTDUAL ACTTON- NON-CONSENT A. Resolutions (1) P. R. No. 14283 - A Resolution Authorizing A Contract With Germer Gertz For Legal Services As The Primary Attorney For The City Of Port Arthur Section 4a Economic Development Corporation The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion by Mayor Pro Tern $inegal, seconded by Councilmember Chatman and carried unanimously, Proposed Resolution No. 14283 was tabled. (4) P. R. No. 14368 - A Resolution As Zt Pertains To Approving A Purchase Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Embree Asset Group, Znc. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Williamson and seconded by Councilmember 3ones that Proposed Resolution No. 14368 be adopted. The motion was made by Councilmember Williamson and seconded by Councilmember Chatman that Proposed Resolution No. 14368 be tabled. Proposed Resolution No. 14368 was tabled. (5) P. R. No. 14369 - A Resolution Authorizing The Execution Of An Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And The City Of Port Arthur As It Pertains To Administrative Charges For The Fiscal Year October 1, 2007 Through September 30, 2008 Port Arthur City Council Page 16 Regular Meeting - September 11, 2007 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion by Councilmember Williamson, seconded by Councilmember Chatman and carried unanimously, Proposed Resolution No. 14369 was tabled. Proposed Resolution No. 14368 was tabled. C. *Reports And Recommendation~ (2) Report On Weedy Lots Community Services Director Lawrence Baker and Demolition Coordinator Darlene Pierre presented the above-mentioned report. (3) Updated Report On Demolition Community Services Director Lawrence Baker and Demolition Coordinator Darlene Pierre presented the above-mentioned report. VTT[. REPORTS OF BOARDS & COMMITTEES - NONE X. FUTURE AGENDA ITEMS OR RE(~UESTED REPORTS Mayor Prince: Requested a status update on the Fallen Heroes Monument. (1) (2) Requested City Council consideration in addressing Beautification Commission appointments. (3) Requested that the Fire and Police Department assist citizens in registering cell phones with STAN at (866) 484-3264. Councilmember Williamson: (1) Requested a breakdown of health insurance experience. (2) Requested a report on vacant property with tax liens. (3) Requested a pilot program using vacant lots for neighborhood gardens. t4avor Pro Tem Sineqah Requested that Mr. Clayton Mayfield conduct a grass cutting presentation. X?. AD.3OURNMENT OF MEETTNG Upon the motion of Councilmember Henderson, seconded by Councilmember Chatman and carried unanimously, the City Council adjourned their meeting at 4:17 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 DELOR1rS "BOBBZE' PRINCE ATTEST: CITY SECRETARY EVANGEL[NE GREEN END OF REGULAR MEETING HELD September 11, 2007. APPROVED: Port Arthur City Council Page 17 Regular Meeting - September 11, 2007