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HomeMy WebLinkAboutAugust 28, 2007 Regular REGULAR HEETZNG--August 28, 2007 ROLL CALL~ INVOCATZON & PLEDGE The City Council of the City of Port Arthur met in Regular Session on Tuesday, August 28, 2007 at 5:30 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Deloris "Bobble" Prince; Mayor Pro Tern Michael "Shane" Sinegal; Councilmembers 3ack Chatman, .lr., Cai .]ones, Martin Flood and Robert E. "Bob" Williamson; City Manager Steve Fitzgibbons; City Secretary Evangeline "Van" Green and City Attorney Mark T. Sokolow. Councilmembers Henderson and Beard were absent from the meeting. Mr. Louis May gave the invocation followed with the pledge to the fl~g. II. PROCLAMATIONS & MINUTES Proclamations September 2007 - "Prostate Cancer Awareness Month" And September 8, 2007 - 3ulie Rogers "Gift Of Life" Prostate Cancer Awareness Day In Recognition Of Gift Of Life Prostate Cancer Awareness Ms. Norma Sampson, Public Affairs Coordinator, appeared before the City Council, extended appreciation for the proclamation, and acknowledged the contributions of Regina Rogers. September 24, 2007 - "Drs. Bernard And Betty Scrogin Day" Appreciation For Work During Hurricane Rita Dr. Bernard and Dr. Betty Scrogin, accompanied by representatives from the SETIO group, appeared before the City Council to accept the above-mentioned proclamation. Dr. Bernard Scogin, spoke on behalf of the group. Minutes August 14, 2007 Regular Meeting Upon the motion of Councilmember Williamson, seconded by Mayor Pro Tern Sinegal and carried unanimously, the City Council approved the above-mentioned minutes. III. PETITIONS & COMMUNICATIONS A. Presentations - None B. .Speakers - None C. Corres_oonden~ - None V. UNFINISHED BUSINESS - None VI. CONSENTAGENDA Upon the motion of Councilmember Mayor Pro Tern Sinegal, seconded by Councilmember Jones and carried, the following Consent Agenda items were adopted: A. Consideration And Approval Of Awarding A Bid To Tact/caIElectronics Of Broken Arrow, OK In The Amount Of $8,500 (Buffer Zone Protection Plan Grant) For One (1) Wireless Pole Camera Search System (With Wrist Mounted Monitor) For The Police Department B. Consideration And Approval Of Awarding A Bid To GTD/str/butors, Inc., OfAusti/7, TXln The Amount Of $3,978 (Buffer Zone Protection Plan Grant) For Seventeen (17) Night Vision Helmet Mounts For The Police Department C. ~orts Councilmember Jack Chatman, Jr.: To Attend TML Newly Elected Officials Orientation In Dallas, TX August 10 -12, 2007 Resolutions - Consent $ 934.14 (1) P. R. No. 14291 - A Resolution Authorizing Modification No. 3 To The Subcontract No. 72404-3 Between The City Of Port Arthur And The University Of North Texas As It Pertains To The Project Safe Neighborhood ("PSN") Project And Rescinding Resolution No. 07-342 Proposed Resolution No. 14291 was adopted becoming Resolution No. 07-375. (2) P. R. No. No. 14293 - A Resolution Authorizing An Agreement Between The City Of Port Arthur And Catholic Charities Of Southeast Texas Proposed Resolution No. 14293 was adopted becoming Resolution No. 07-376. (3) P. R, No. 14308 - A Resolution Authorizing The Execution Of A Payment Agreement Between The City Of Port Arthur And Pick Two Contractors, Inc. For The Payment Of A Landfill Account Proposed Resolution No. 14308 was adopted becoming Resolution No. 07-377. (4) P. R. No. 14313 - A Resolution Authorizing The Execution Of A Payment Agreement Between The City Of Port Arthur And BAH (Best American Hospitality) For The Payment Of A Delinquent Water, Sewer And Garbage Account Proposed Resolution No. 14313 was adopted becoming Resolution No. 07-378. (5) P. R. No. Continued Otherwise 14314 - A Resolution Calling For A Public Hearing To Provide For The Taxation Of Tangible Personal Property In Transit, Which Would Be Exempt Pursuant To The Texas Tax Code Proposed Resolution No. 14314 was adopted becoming Resolution No. 07-379. (6) P R. No. 14318 - A Resolution Authorizing The Mayor And City Manager To Execute A Contract For Professional Services Between The City Of Port Arthur And Carroll & Blackman, Inc., Of Beaumont, Texas For A Feasibility Study To Upgrade The Vista Village Pump Station; Said Contract Not To Exceed An Amount Of $19,528, Funds Being Available In Account Number 001-1204-531.84.00 Proposed Resolution No. 14318 was adopted becoming Resolution No. 07-380. (7) P. R. No. 14319 - A Resolution As It Pertains To Authorizing The Mayor To Execute An Interlocal Agreement For The Port Security Grant Proposed Resolution No. 14319 was adopted becoming Resolution No. 07-381. (8) P. R. No. 14321 - A Resolution Authorizing The City Manager To Execute Change Order 01 To The Contract Between The City Of Port Arthur And Pick Two Contractors, Inc. For Construction Of Wastewater Treatment Plant Administration Building, Increasing The Contract Amount By $11,500 To A New Total Of $267,500. PROJ HRWWTP, 123-2300- 901-82-00 Proposed Resolution No. 14321 was adopted becoming Resolution No. 07-382. (9) P. R. No. 14323 - A Resolution Approving The FY 2007-08 Contract Between The City Of Port Arthur And The Department Of State Health Services, Immunization Branch- Locals, Attachment 01 Proposed Resolution No. 14323 was adopted becoming Resolution No. 07-383. (10) Po R. No. 14325 - A Resolution Approving Teaching, Assessment, And Class Monitor Contracts As It Pertains To The Community Prosecution Program Proposed Resolution No. 14325 was adopted becoming Resolution No. 07-384. (11) P. R. No. 14328 - A Resolution Awarding A One-Year Extension Of An Existing Contract To Northstar Unlimited For Grass Cutting Services Of Privately-Owned And City-Owned Developed Lots In An Area Of The City Designated As Area B, To Be Charged To Account No. 001-1401-551.59-00 Proposed Resolution No. 14328 was adopted becoming Resolution No. 07-385. (12) P. R. No. 14329 - A Resolution Awarding A One-Year Extension Of An Existing Contract With Northstar Unlimited For Grass Cutting Services Of Privately-Owned And City- Owned Developed Lots In An Area Of The City Designated As Area C, To Be Charged To Account No. 001-1401-551.59-00 City Council Minutes - Regular Meeting - August 28, 2007 2 Proposed Resolution No. 14329 was adopted becoming Resolution No. 07-386. (13) P. R. No. 14332 - A Resolution Awarding A Contract To Inland Environments, Ltd. In The Amount Of $10,208.00, And Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of One (1) Dangerous Commercial Building Located At 3558-3560 25th Street, To Be Charged To Account No. 132-1021-514.59-00, Project No. SSBG03 Proposed Resolution No. 14332 was adopted becoming Resolution No. 07-387. (14) P. R. NO. 14334 - A Resolution Approving An Invoice In The Amount Of $ 3,750 From Arceneaux And Gates To The City Of Port Arthur Section 4A Economic Development Corporation For A Wetlands Study And Authorizing An Additional $ 3,750 Upon Completion Of The Wetlands Study Proposed Resolution No. 14334 was adopted becoming Resolution No. 07-388. VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P.R. No. 14166 -A Resolution Naming The Community Center At 4801 E. 6th Street And Park Located At The 5000 Block Of E. 7~h Street Proposed Resolution No. 14166 was held until after the Public Hearing. (2) P. R. NO. 14227 - A Resolution As It Pertains To An Amendment No. 1 To The Sales Tax Refund Agreement For A Retail Center Development The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Flood, seconded by Councilmember Chatman and carried, Proposed Resolution No. 14227 was removed from the agenda. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, .]ones, Flood and Williamson. Voting No: None. (3) 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) Proposed Resolution No. 14280 was held until after Executive Session. (4) 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 Primaoj Jobs, Including A Project To Provide Demolition Of Existing Structures Until May 2010 (Proposition 9) Proposed Resolution No. 14281 was held until after Executive Session. (5) P. R. NO. 14316 -A Resolution Authorizing The City Manager To Execute An Agreement With Local Government Services, LLC For Franchise Payment Review As It Pertains To Cable The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Williamson, seconded by Councilmember Flood and carried, Proposed Resolution No. 14316 was adopted becoming Resolution No. 07-389. Voting Yes: Hayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, .]ones, Flood and Williamson. Voting No: None. The caption of Resolution No. 07-389 reads as follows: RESOLUTZON NO. 07-389 City Council Hinutes - Regular Meeting - August 28, 2007 3 A RESOLUTLON AUTHOR][Z:[NG THE CTrY MANAGER TO EXECUTE AN AGREEMENT WI'TH LOCAL GOVERNMENT SERV/CES~ LLC FOR FRANCH1'SE PAYMENT REV]'EW AS 1"1' PERTAZNS TO CABLE (6) P. R. No. 14320 - A Resolution As It Pertains To Appointing Or Reappointing A Member Or Members To The Port Arthur Civic & Activity Center Commission The Mayor introduced the above-mentioned Proposed Resolution. Councilmember ]ones and Mayor Pro Tem Sinegal volunteered to serve as the two non-voting members. The motion was made by Councilmember Williamson and seconded by Coundlmember Chatman that Proposed Resolution No. 14320 be adopted with the names of the two (2) above-mentioned councilmembers to serve as ex-officio members of the commission. The City Attorney explained the function of the ex-officio members. Proposed Resolution No. 14320 was adopted becoming Resolution No. 07-390. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, .]ones, Flood, and Williamson. Voting No: None. The caption of Resolution No. 07-390 reads as follows: RESOLUT/ON NO. 07-390 A RESOLUTZON AS l"r PERTAI'NS TO APPOTNT/NG OR REAPPOI'NT/NG A MEMBER OR MEMBERS TO THE PORT ARTHUR CZV[C & ACTLVTrY CENTER COMMI'SS:[ON (7) P. R. No. 14324 - A Resolution Authorizing The Advertisement For Bids For An Option To Purchase The Sabine Hotel Proposed Resolution No. 14324 was held until after Executive Session. (8) P. R. No. 14330 - A Resolution Appointing Members To The Construction Board Of Adjustments And Appeals The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Flood and seconded by Councilmember Williamson that Proposed Resolution No. 14330 be adopted. The City Secretary commented that Mrs. Mary Buchanan and Mr. Jerome Brooks had asked to be removed from the Construction Board of Adjustments and Appeals and that Community Services Director Baker is recommending that current alternate members, Mr. Warren Field and Mr. Pete Herlin, replace the two vacancies created by Mrs. Buchanan and Mr. Brooks. Community Services Director Lawrence Baker appeared before the City Council to explain the function and duties of the Construction Board of Adjustments and Appeals. Proposed Resolution No. 14330 was adopted becoming Resolution No. 07-391. Voting Yes: IVlayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Flood, and Williamson. Voting No: None. The caption of Resolution No. 07-391 reads as follows: RESOLUT/ON NO. 07-391 A RESOLU'T/ON APPO:[NT/NG MEMBERS TO THE CONSTRUCizON BOARD OF AD.1USTMENTS AND APPEALS (9) P. R. No. 14333 - A Resolution Appointing And/Or Reappointing A Member Or Members To The Pleasure Island Commission City Council Minutes - Regular Meeting - August 28, 2007 4 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Chatman and seconded by Mayor Pro Tern Sinegal that Proposed Resolution No. 14333 be adopted. The City Secretary commented that Councilmember Chatman is requesting to appoint Mr. Craig Stark to Position i of the Pleasure ]~sland Commission to fill the vacancy created by Mrs. Clara Dell Jones' relocation from the city. Mr. Craig Stark appeared before the City Council to introduce himself to the Council and citizens in the chamber and Government Channel viewing audience. Proposed Resolution No. 14333 was adopted becoming Resolution No. 07-392. Voting Yes: Voting No: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Flood, and Williamson. None. The caption of Resolution No. 07-392 reads as follows: RESOLUT/ON NO. 07-392 A RESOLUTZON APPOi'NTZNG AND/OR REAPPOI'NTZNG A MEMBER OR MEMBERS TO THE PLEASURE ZSLAND COMMZSSI'ON (10) P. R. No. 14342 - A Resolution As It Pertains To The City Of Port Arthur Section 4A Economic Development Corporation Paying An Invoice Of $9,042.74 From The LaBiche Architectural Group, Inc. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Mayor Pro Tern Sinegal and seconded by Councilmember Jones that Proposed Resolution No. 14342 be adopted. The City Attorney commented on the purpose of the above-mentioned Proposed Resolution as being to pay LaBiche and that no additional work shall be performed by the LaBiche Architectural Group until additional approval is obtained by the City Council. EDC CEO Floyd Batiste appeared before the City Council regarding LaBiche's plans for architectural services and design development for EDC offices in the South Tower of the Port Arthur International Seafarers' Center and costs for the interior floor plans. Proposed Resolution No. 14342 was adopted becoming Resolution No. 07-393. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, ~lones, and Williamson, Voting No: Councilmember Flood. The caption of Resolution No. 07-393 reads as follows: RESOLUTION NO. 07-393 A RESOLUT'[ON AS Z'l' PERTAI'NS TO THE CZTY OF PORT ARTHUR SECTZON 4A ECONOM'rC DEVELOPMENT CORPORAT'ZON pAyI'NG AN I'NVO'rCE OF $9,042.74 FROM THE LAB'rCHE ARCH'rTECTURAL GROUP~ :[NC. B. Ordinances P. O. No. 5781 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Rezoning A Tract Of Land Out Of And Par~ Of Lots 1, 2, 3 And 8 Block 14, Range "L" And Lots 4 And 5, Block 14, Range "K" From Industrial To Heavy Commemial, Port Arthur, Jefferson County, Texas From Industrial To Single Family Residential, (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur Is 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 (Z07-04 Monroe - Hwy 365) City Council Minutes - Regular Meeting - August 28, 2007 5 The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Williamson and seconded by Councilmember Chatman that Proposed Ordinance No. 5781 be adopted. The City Manager commented on the location of the rezoning project on the north side by the water tower. Proposed Ordinance No. 5781 was adopted becoming Resolution No. 07-59. Voting Yes: Mayor Prince; Mayor Pro Tern Sinegal; Councilmembers Chatman, Jones, Flood, and Williamson. Voting No: None. The caption of Ordinance No. 07-59 reads as follows: ORDTNANCE NO. 07-59 AN ORDTNANCE AMENDZNG THE ZONZNG ORDZNANCE OF THE C1TY OF PORT ARTHUR BY REZONZNG A TRACT OF LAND OUT OF AND PART OF LOTS 1, 2, 3 AND 8 BLOCK :1.4, RANGE "L" AND LOTS 4 AND 5, BLOCK :14, RANGE "K" FROM ZNDUSTRZAL TO HEAVY COMMERCZAL, PORT ARTHUR~ 3EFFERSON COUNTY, TEXAS FROM ZNDUSTRZAL TO SlrNGLE FAMILY RESTDENTZAL, (VIOLATZON OF THIS ORDINANCE OR THE ZONING ORDTNANCE OF THE CITY OF PORT ARTHUR IS PUNTSHABLE AS PROVIDED IN SECTZON :1-:13 OF THE CODE OF ORDTNANCES AS AMENDED BY FINE NOT EXCEEDTNG TWO THOUSAND [$2,000.00] DOLLARS); AND PROVIDING FOR PUBLICATZON TN THE OFFICZAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECiiVE IMMED1'ATELY AFTER PUBLICATZON DATE (Z07-04 MONROE - HWY 365) C. *Reoorts And Recommendations (1) 3uly, 2007 Financial Statement Director of Finance Rebecca Underhill presented the above-mentioned report. (3) Report On House Bill 3732 Director of Finance Rebecca Underhill presented the above-mentioned report. (4) Report On September 6, 2007 Westside Development Zmplementation Study Community Meeting At 6PM At The Ninth Grade Campus The City Manager reported on the above-mentioned meeting scheduled to be held at the Ninth Grade Campus (formerly Lincoln High School) at 6:00 p.m. on Thursday, September 6, 2007. He further commented on the planned agenda. (6) Report On Scheduling A City Council Retreat The City Manager announced a City Council retreat scheduled for Saturday, September 8, 2007, at Rosehill from 9:00 a.m. - 3:00 p.m. (5) Report On The City's September 11 Commemorative Service Fire Chief Larry Richard reported on the 9 - 11 Commemorative Service to be held underneath the City of Port Arthur's Pavilion at 9:00 a.m. on September 11, 2007 and extended appreciation to Administrative Assistant to the City Manager Doris Gill for planning the event. (2) Report On FEMA Recreational Vehicles Planning/Zoning & Grants Management Director Date Watson appeared before the City Council and presented the above-mentioned report. City Council Minutes - Regular Meeting - August 28, 2007 6 The City Council recessed their meeting at 7:00 p.m. and reconvened their meeting at 7:07 p.m. with the following members present: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Flood and Williamson; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. IV. PUBLIC HEARINGS - 7:00 PH ¢5) To Consider Whether Or Not To Name The City Building Located At 649 Stadium Road And The Adjoining Park Facilities Located At 4801 East 6th Street In Memory Of Former Councilmember Felix A. Barker The Mayor introduced the above-mentioned Public Hearing at 7:08 p.m. City Councilmembers spoke in support of naming the building in memory of the late City Councilmember Felix A. Barker. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above- mentioned Public Hearing. Mr. Joseph Richard, 2704 Glacier, PANAC Organization Representative/Park Place Neighborhood Action Group, appeared before the City Council to support naming the building for the Barker brothers - Felix and Milton for their contributions to the Port Arthur Neighborhood Action Council. Mr. Joe Clark, 2105 Delta Drive, PANAC Organization Representative, also appeared before the City Council in support of naming the building after both deceased Barker brothers. Mrs. Pauline Barker, widow of the late former Councilmember Felix A. Barker, and daughter Mrs. Darlene Bouillon, appeared before the City Council in support of the naming of the building after the Barker brothers. Mrs. Barker spoke in support of naming the building the Felix and Milton Barker Community Center and Park. Upon the motion of Councilmember Williamson, seconded by Councilmember Chatman and carried unanimously, the City Council closed the Public Hearing at 7:20 p.m. VII. ITEMS RE(~UIR~NG INDIVIDUAL ACT'ION - NON - CONSENT A. Resolutions (1) P, R. No. 14166 - A Resolution Naming The Community Center At 4801 E. 6th Street And Park Located At The 5000 Block Of E, 7'h Street The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Williamson and seconded by Councilmember Chatman that Proposed Resolution No. 14166 be adopted. The motion was made by Councilmember Williamson and seconded by Councilmember Chatman that Proposed Resolution No. 14166 be amended with the correction of the address of the Community Center to 649 Stadium Road and the name change to the Felix and Milton Barker Community Center and Park. The motion to amend Proposed Resolution No. 14166 carried by a unanimous vote. Proposed Resolution No. 14166 was adopted as amended becoming Resolution No. 07-394. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, .]ones, Flood, and Williamson. Voting No: None. The caption of Resolution No. 07-394 reads as follows: RESOLUTION NO. 07-394 A RESOLUTION NAt41'NG THE COt4F4UNI'TY CENTER AT 4801 E. 6TH STREET AND PARK LOCATED AT THE 5000 BLOCK OF E. 7TH STREET City Council Minutes - Regular Meeting - August 28, 2007 ? ZV. PUBL?C HEARINGS - (CONTTNUED) (1) To Consider The Continued Use Of Section 4A Sales And Use Tax Funds Until May 13, 2010 For Amateur Sports, And Athletic Purposes And Events, Zncluding Ball Parks, Soccer Fields, Football Fields, And Related Concession, And Facilities, Which Ts A Category Of Projects Under Section 4B Of Article 5190.6 Vernon's Texas Code Statutes, With The Condition That Total Annual Spending On All Section 4B Projects By The City Of Port Arthur Section 4A Economic Development Corporation Will Not Exceed $500,000 Per Year The Mayor introduced the above-mentioned Public Hearing at 7:20 p.m. EDC CEO Floyd Batiste appeared before the City Council in opposition to the above-mentioned Public Hearing and spoke on behalf of the EDC Board of Directors. The City Manager appeared before the City Council in support of the consideration for the continued use of Section 4A sales and use tax funds until May 13, 2010 for amateur sports, athletic purposes/events, ball parks and other purposes not to exceed $500,000 per year. Community Services Director Lawrence Baker appeared before the City Council in support of enhancement of quality of life and parks and demolition as playing an important part in economic development. Interim Parks and Recreation Director/Assistant Human Resources Director Dr. Albert Thigpen appeared before the City Council to discuss the benefits of upgrading the City of Port Arthur's parks and bringing them up to quality. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above- mentioned Public Hearing and the following individuals came forward: Mrs. Maria Block, 3435 Woodrow, appeared before the City Council in support of the above-mentioned Public Hearing. Mr. Craig Stark, 3145 5th, appeared before the City Council and spoke in support of economic development and parks. Mrs. Aletha Kirkwood, 4248 Ferndale, also appeared before the City Council and supported the above- mentioned Public Hearing. Upon the motion of Councilmember Williamson, seconded by Councilmember Chatman and carried unanimously, the City Council closed the Public Hearing at 8:38 p.m. (2) To Consider the Continued Use Of Section 4A Sales And Use Tax Funds Until May 13, 2010 To Promote Or Develop New Or Expanded Business Enterprises That Create Or Retain Primary 3obs, Tncluding A Project To Provide Demolition Of Existing Structures, Which Ts A Category Of Projects Under Section 4B Of Article 5190.6 Vernon's Texas Code Statues, With The Condition That Total Annual Spending On All Section 4B Projects By The City Of Port Arthur Section 4A Economic Development Corporation Will Not Exceed $500,000 Per Year The Mayor introduced the above-mentioned Public Hearing at 8:38 p.m. The above-mentioned Public Hearing was discussed simultaneously with the previous Public Hearing. Upon the motion of Mayor Pro Tern Sinegal, seconded by Councilmember Chatman and carried unanimously, the City Council closed the Public Hearing at 8:39 p.m. (3) To Consider The Budget For The City Of Port Arthur And The Port Arthur Section 4A Economic Development Corporation For The Fiscal Year Beginning October 1, 2007 And Ending September 30, 2008 The Mayor introduced the above-mentioned Public Hearing at 8:39 p.m. The City Manager appeared before the City Council and presented a power-point presentation of the above- mentioned Public Hearing encompassing fund balances, total revenue services, total expenditures by activity, budget changes and other budgetary issues. City Council Minutes - Regular Meeting - August 28, 2007 The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above- mentioned Public Hearing. No one came forward. Upon the motion of Councilmember Chatman, seconded by Councilmember ]ones and carried unanimously, the City Council closed the Public Hearing at 8:53 p.m. (4) To Consider A Proposal To Zncrease Total Tax Revenues From Properties On The Tax Roil 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 Tax Rate That Is Adopted The Mayor introduced the above-mentioned Public Hearing at 8:54 p.m. Finance Director Rebecca Underhill appeared before the City Council and presented an overview of the Public Hearing including a discussion of notices published in the Por~,4rtl~ur News and other steps in the process. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above- mentioned Public Hearing. No one came forward. Upon the motion of Councilmember Williamson, seconded by Councilmember Chatman and carried unanimously, the City Council closed the Public Hearing at 8:57 p.m. (6) A Public Hearing As To The Requested Rate Increase Of Texas Gas Service (A Division Of ONEOK, Inc.) The Mayor introduced the above-mentioned Public Hearing at 8:57 p.m. The City Attorney presented an overview of the above-mentioned Public Hearing. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above- mentioned Public Hearing. No one came forward. Upon the motion of Councilmember Williamson, seconded by Councilmember Chatman and carried unanimously, the City Council closed the Public Hearing at 8:58 p.m. VIII. REPORTS OF BOARDS & COt4t4~ i i EES None IX. *CLOSED MEETING (EXECUTIVE SESSION) (1) Section 551.071 Government Code - To Discuss The Pending Litigation Between City Vs. HOT (2) Section 551.072 Government Code - To Discuss The Value Of Land And Improvements, The Sabine Hotel (3) Section 551.071 Government Code - To Discuss With The City Attorney The Pending Litigation Between The City And The TCE(~ (4) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Port Iron And KCS (5) Section 551.074 Government Code - To Discuss The Appointment And Evaluation Of Municipal Court Judge I~torrison (6) Section 551.072 Government Code - To Discuss The Possible Acquisition Of Property As It Pertains To The EDC Offices (7) Section 551.087 Government Code - To Discuss Incentives For Commercial, Residential, And Industrial Business Prospects As Well As The Coordination Of Said Incentives With The Port Arthur Housing Authority And Other Entities The City Council recessed their meeting at 8:59 p.m. to meet in Executive Session to consider the above- mentioned topics, and reconvened their meeting at 10:29 p.m. with the following members present: Mayor Prince; Mayor Pro Tern Sinegal; Councilmembers Chatman, ]ones and Williamson; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. City Council Minutes - Regular Meeting - August 28, 2007 Councilmember Flood left the City Council meeting. The following item was acted upon after reconvening after the Executive Session: (1) Section 551.071 Government Code - To Discuss The Pending Litigation Between City Vs. HOT The motion was made by Councilmember Williamson, seconded by Councilmember Chatman and carried unanimously, that the City of Port Arthur agrees to the HOT (Housing Opportunities of Texas) settlement agreement in a form to be approved by the City Attorney. Voting Yes: Mayor Prince; IVlayor Pro Tern Sinegal; Councilmembers Chatman, Jones and Williamson. Voting No: None. VII. ITEMS RE(~UIRING INDIVIDUAL ACTION - NON - CONSENT (CONTINUED) (3) 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 of Councilmember Williamson, seconded by Councilmember Chatman and carried by unanimous vote, Proposed Resolution No. 14280 was tabled. Voting Yes: Mayor Prince; IVlayor Pro Tem Sinegal; Councitmembers Chatman, Jones and Williamson. Voting No: None. (4) 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, Zncluding A Project To Provide Demolition Of Existing Structures Until May 2010 (Proposition 9) The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Williamson, seconded by Councitmember Chatman and carried unanimously, Proposed Resolution No. 14281 was tabled. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones and Williamson. Voting No: None. (7) Option To Purchase The Sabine Hotel The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Chatman, seconded by Counciimember ]ones and unanimously, Proposed Resolution No. 14324 was tabled. Voting Yes: Voting No: X. P. R. No. 14324 - A Resolution Authorizing The Advertisement For Bids For An carried Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones and Williamson. None. FUTURE AGENDA ITEMS OR RE(~UESTED REPORTS None City Council Minutes - Regular Meeting - August 28, 2007 10 X1L AD.1OURNMENT OF MEETZNG Upon the motion of Councilmember Chatman, seconded by Councilmember Williamson and carried unanimously, the City Council adjourned their meeting at :~0:32 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. Al'rEST: MAYOR DELORZS "BOBBI'E" PR:[NCE CZTY SECRETARY EVANGELZNE GREEN END OF REGULAR PlEE'I'~NG HELD AUGUST 28, 2007. APPROVED: City Council Minutes - Regular Meeting - August 28, 2007