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HomeMy WebLinkAboutNovember 11, 2003REGULAR MEETTNG - November 11, 2003 ROLL CALL~ INVOCATION & PLEDGE The City Council of the City of Port Arthur met in Regular Session on Tuesday, November 11, 2003 at 8:43 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Ortiz; Councilmembers Craig Hannah, Felix A. Barker, Thomas J. Henderson, Rose Chaisson and Michael "Shane" Sinegal; City Manager Steve Fitzgibbons; City Secretary Evangeline "Van" Green and City Attorney Mark Sokolow. The invocation was given by Councilmember Henderson followed by the pledge to the flag. Councilmember John Beard, Jr. arrived at the City Council meeting at 8:58 a.m. Mayor Pro Tern Tom Gillam, ][I]~ arrived at the City Council meeting at 9:10 a.m. Councilmember Ronnie Thompson arrived at the City Council meeting at 9:27 a.m. PROCLAMATIONS & MINUTES The Mayor presented the following Proclamations: (2) (3) November 23 - 29, 2003 as "Family Week" November 15, 2003 as "Texas Recycle Day" November 20, 2003 as "Great American Smoke Out Day" PETTTIONS &COI~IMUNICATIONS A. Speakers (1) Kerry LaGrone Update On City Of Port Arthur And EDC IASIS Project Mr. Kerry LaGrone, 13810 Champion Forrest Drive, Houston, appeared before the City Council to introduce Project Superintendent Simon Carron. Mr. LaGrone distributed and discussed an Employment Impact Report. He announced a groundbreaking ceremony will be held November 18, 2003 and a local employment trailer is currently located on Jimmy Johnson Boulevard. II. PROCLAMATTONS & MINUTES Minutes - Regular Meeting - October 28, 2003 Upon the motion of Councilmember Sinegal, seconded by Councilmember Henderson and carried unanimously, the City Council approved the above-mentioned Minutes. Minutes - Special Meeting - November 4, 2003 Upon the motion of Councilmember Sinegal, seconded by Councilmember Barker and carried unanimously, the City Council approved the above-mentioned Minutes. III. PETITIONS &COMMUNIICATTONS A. Soeakers (2) Clay Roy Regarding Decisions Pertaining To The City's Water Towers - NOT PRESENT (3) Renee' Braggs Regarding Excessive Water Bill - NOT PRESENT (4) Kenneth Lofton Regarding Pop Warner Port Arthur Cowboys Football Team Mr. Kenneth Lofton, 3625 Twelfth Street, appeared before the City Council to distribute a football game itinerary and to request consideration in financial support for a team event in Orlando, Florida. Councilmember Sinegal spoke in support of the Pop Warner football program. B. Corresoondence None V[l~. [TEMS REQUTR/NG TND[VZDUAL ACT[ON - NON-CONSENT (10) P. R. No. 12426 - A Resolution Approving The Request Of The Pleasure [sland Commission To Temporarily Suspend The Repayment Of The $300,000 Note As Tt Pertains To The Golf Course Clubhouse. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Barker and seconded by Councilmember Henderson that Proposed Resolution No. 12426 be adopted. Chairman of the Pleasure Island Commission, Lance Bradley, 425 Island Way, appeared before the City Council to request consideration in suspending the golf course note payments. Mr. Bradley discussed changes and additional development plans. Councilmember Sinegal requested a formal report for Pleasure Island's development plans to attract revenue and tourism. Mayor Ortiz commended the Pleasure Island Commission for its beautiful golf course. Proposed Resolution No. 12426 was adopted becoming Resolution No. 03-315. 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. 03-315 reads as follows: RESOLUT'rON NO. 03-315 A RESOLUTTON APPROVTNG THE REQUEST OF THE PLEASURE TSLAND COMMTSSZON TO TEMPORARTLY SUSPEND THE REPAYMENT OF THE $300,000 NOTE AS TT PERTATNS TO THE GOLF COURSE CLUBHOUSE. TV. PUBLTC HEARTNGS - 9:00AM (1) To Review The Plans For The Proposed Annexation Of The Properties Of BASF, Chevron, U.S.A., Clark Refining & Marketing, Equilon Enterprises, Huntsman Petrochemicals, Texaco, Onyx And Chemical Waste Management, Which Tncludes But Ts Not Limited To, TRACT "1" - TNCLUDTNG TEXACO, EQUTLON And CHEVRON LEASED TRACTS AND VTCTN]ITY: TRACT "2" - CHEVRON U.S.A., TNC.; TRACT "3" - HUNTSMAN CORP., ETHEL CORP., EQUTLON ENTERPRTSES, November 11, 2003 - City Council Meeting Minutes 2 L.LC. & VICINITY; TRACT "4" - BASF PROPERTY & VICINITY, And The ~.36 Acre Tract Of ONYX & CHEHZCAL WASTE MANAGEMENT, As Well As To Annex Adiacent Property. The Mayor introduced the above-mentioned public hearing. The City Attorney discussed industrial negotiations, the annexation process and the necessity of the public hearings. Planning/Grants Director Watson appeared before the City Council and read the five proposed service plans for each tract. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned annexation. Mr. Lynn Morris Williams, 741 West Procter, appeared before the City Council concerning expanding and developing the job market in the community. Upon the motion of Councilmember Henderson, seconded by Councilmember Barker and carried unanimously, the City Council dosed the Public Hearing at 9:41 a.m. (2) To Consider Rezoning Lots I - 66, Lafitte's Landing II, Pleasure Zsland From Heavy Commercial (HC) To Single Family (SF). Applicant: Loran Bosarge~ Et Al; Zoning Case: 03- 05. The Mayor introduced the above-mentioned public hearing. Planning/Grants Director Watson appeared before the City Council to discuss the proposed rezoning of Lafitte's Landing ii and explained the permitting process. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned rezoning. Mr. isaac Mills, a Lafitte Landing ii landowner, appeared before the City Council to speak in opposition of the proposed rezoning and requested to be "grand-fathered in" to the present zoning, it was determined that Mr. Mills would be allowed to construct an office building with his existing building permit. Mr. Loran Bosarge, 3576 South M. L. King Drive, appeared before the City Council to encourage support of the proposed residential rezoning. Mr. Stuart Salter, 8412 Hollow Bend Lane and :3770 South M. L. King Drive, appeared before the City Council to voice support of the proposed residential rezoning. Mr. Dali Landry, 3594 South M. L. King Drive, appeared before the City Council to request consideration of the proposed residential rezoning. Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal and carried unanimously, the City Council dosed the Public Hearing at 9:51 a.m. V. UNFZNZSHED BUS~NESS None VIL 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 C and Proposed Resolutions No. 12420 and 12428: November 11, 2003 - City Council Meeting Minutes 3 A. Consideration And Approvat Of Payment To Orange County De Emergency Services Pistrict No. 2 Zn The Amount Of $121,369.00. Consideration And Approval Of Awarding A Bid To Affordable Ara/arena, ce Of Port Arthur, Texas To Pressure Wash City Hall Zn The Amount Of $8,500. Consideration And Approval Of Awarding A Bid To Phi/port Ford ~fotor Company Of Neder/and~ Texas For One 2004 Model 1-Ton Service Pickup Truck With Lift Gate And Air Compressor Zn The Amount Of $28,996 For The Transit Department. Consideration And Approval Of Awarding A Bid To Summit E/ec~r/¢ 0£ Beaumon~ Texas For Two Adjustable Frequency Drives [n The Amount Of $6,300 For The Utility Operations Department (Wastewater Treatment Division). Consideration And Approval Of Awarding A Bid To De/fa Proce~ EquJpmen¢ Inc,, Of De, ham Spring~ LA For A Self- Priming Sewage Pump In The Amount Of $9,221 For The Utility Operations Department (Wastewater Treatment Division). Gm Hm Consideration And Approval Of Awarding A Bid To Jersey Equipment Company Of Houston Inc., Houston, Te, va$ For One Vertical Non-Clog Sewage Pump Zn The Amount Of $12,275 For The Utility Operations Department (Wastewater Treatment Division). Consideration And Approval Of Awarding A Bid To TEX-PRO Overhead Door Company Of Beaumon~ Texas For The Furnishing And Installation Of Two Overhead Roiling Doors In The Amount Of $6,501 For The Utility Operations Department (Wastewater Treatment Division). Consideration And Approval Of Awarding A Bid To Saladin Pump & Equipment Company Inc., Of Beaumon¢ Texas For A Vertical Line Shaft Mixed Flow Pump (For The Main Wast.water Treatment Plant) In The Amount Of $19,629 For The Utility Operations Department (Wastewater Treatment Plant). Consideration And Approval For Payment For The City's Share Of The 2004 Greater Port Arthur Chamber Of Commerce Community Calendars In The Amount Of $7,500. Exaense Accounts Mayor Oscar G. Ortiz: Use Of Personal Auto In Town On City Business, October, 2003 $ 100.00 Use Of Personal Auto Out Of Town On City Business, 41.76 October, 2003 $ Councilmember Michael Sinegal: Use Of Personal Auto On City Business, October, 2003 $ 100.00 November 11, 2003 - City Council Meeting Minutes 4 Councilmember ]ohn Beard, ]r.: Use Of Personal Auto On City Business, August-October, 2003 $ 300.00 Councilmember Felix A. Barker: Use Of Personal Auto Zn Town On City Business, October, 2003 Use Of Personal Auto Out Of Town On City Business, Octobe~ 2003 100.00 48.96 Councilmember Thomas 3. Henderson: Use Of Personal Auto tn Town On City Business, September-October, 2003 Use Of Personal Auto Out Of Town On City Business, September-October, 2003 $ 194.40 $ 17.28 City Attorney Mark Sokolow: Use Of Personal Auto On City Business, October 8 - 27, 2003 $ 12.68 Resolutions - Consent (1) P. R. No. 12398 - A Resolution Authorizing The City Of Port Arthur To Accept A Proposal From Birch Telecom To Provide Local And Long Distance Telephone Service. Proposed Resolution No. 12398 was adopted becoming Resolution No. 03-316. (2) P. R. No. 12406 - A Resolution Authorizing The Mayor And City Manager To Execute A Contract tn The Amount Of $1,247,437 Between The City Of Port Arthur And Wi/co Harsh Buggies inc., Of Harrero, !~4 For The Construction Of Cell 46 At The City's Sanitary Landfill; Funding ts Available tn The FY 2004 Budget; Account No. 303-1601-591.59-00. Proposed Resolution No. 12406 was adopted becoming Resolution No. 03-317. (3) P. R. No. 12410 - A Resolution Approving Payment tn The Amount Of $74,695 For The TCEQ Annual Consolidated Water Quality Assessment Fees For All Four (4) Wastewater Treatment Facilities tn The City Of Port Arthur; Account No. 410-1256-532.54.00. Proposed Resolution No. 12410 was adopted becoming Resolution No. 03-318. (4) P. R. No. 12412 - A Resolution Authorizing Acceptance Of The Certificate Of Completion, Contractor's Certificate And Release And Contractor's Certificate Of Guarantee On The Demolition Of The Gilham Circle Elevated Water Storage Tank And Approving Final Payment Of $11,600.00 To Iseler Demolition, inc., And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas; Fund No. 419-1622-531.85-00, Project No. 419702. Proposed Resolution No. 12412 was adopted becoming Resolution No. 03-319. November 11, 2003 - City Council Meeting Minutes 5 (5) P. R. No. 12416 - A Resolution Awarding A Contract To The Lowest Responsible Bidder And Authorizing The Execution Of The Contract For 3anitoriai Sewices To ~fcLemore Bu//d/ng Maintenance, [nc., Of Houston, Texas For A Total Amount Of $19,680.00 For The Port Arthur Health Department; Account No. 001-1301-541.32000. Proposed Resolution No. 12416 was adopted becoming Resolution No. 03-320. (6) P. R. No. 12417 - A Resolution Authorizing The Renewal Of A Contract To ~andra's Enterprises For Grass Cutting Services Of Privately-Owned And City-Owned Vacant Lots Zn An Area Of The City Designated As Area B; To Be Charged To Account No. 001-1401-551.59.00. Proposed Resolution No. 12417 was adopted becoming Resolution No. 03-321. (7) P. R. No. 12418 - A Resolution Authorizing The Renewal Of A Contract To ~7oey's Tractor Service For Grass Cutting Services Of Privately-Owned And City-Owned Vacant Lots In An Area Of The City Designated As Area C; To Be Charged To Account No. 001-1401-551.59.00. Proposed Resolution No. 12418 was adopted becoming Resolution No. 03-322. (8) P. R. No. 12419 - A Resolution Authorizing The Renewal Of A Contract To Joey's Tractor Serv/ce For Grass Cutting Services Of Privately-Owned And City-Owned Vacant Lots In An Area Of The City Designated As Area D; To Be Charged To Account No. 001-1401-551.59.00. Proposed Resolution No. 12419 was adopted becoming Resolution No. 03-323. VII. ITEMS RE(~UIRING INDIVIDUAL ACTION - CONSENT C. Consideration And Approval Of Awarding A Bid To Alike Barnette Construction Of Port Nec/es, Texas For Reservoir Fencing In The Amount Of $15,925 For The Utility Operations Department (Water Purification Division). The Mayor introduced the above-mentioned Ttem. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Ttem C be adopted. City Attorney Sokolow recommended the City Council hold this item until after the Executive Session. Councilmember Henderson and Councilmember Sinegal withdrew their motions to approve Ttem C until more information is obtained. Resolutions - Consent (9) P.R. No. 12420 - A Resolution Approving "Food For Fines" Week At Port Arthur Public Library. The Mayor introduced the above-mentioned Proposed Resolution. November 11, 2003 - City Council Meeting Minutes 6 The motion was made by Mayor Pro Tem Gillam and seconded by Councilmember Henderson that Proposed Resolution No. 12420 be adopted. Library Director Ray Cline appeared before the City Council to discuss the "Food for Fines" program. He stated that he had polled other libraries prior to planning the program and that it will be conducted one time per year. Proposed Resolution No. 12420 was adopted becoming Resolution No. 03-324. Voting Yes: Mayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Barker, Henderson, Beard, Thompson, Chaisson and $inegal. Voting No: None. The caption of Resolution No. 03-324 reads as follows: RESOLUTZON NO. 03-324 A RESOLUTt'ON APPROV1~NG "FOOD FOR Ft'NES' WEEK AT PORT ARTHUR PUBLt'C LI'BRARY. (10) P. R. No. 12428 - A Resolution Authorizing The City Manager To Take $6,737.50 Out Of The FY 2004 Golf Course Capital Improvement Fund To Pay For A Portion Of The Aquila Golf, Inc.'s Share Of The Pump Repairs At Babe Didrickson Zaharias Memorial Golf Course, Account No. 103-2001- 601.87-00. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Barker and seconded by Councilmember Henderson that Proposed Resolution No. 12428 be adopted. City Manager Fitzgibbons stated the Golf Committee amended the contract to include pump repair maintenance as a shared expense on a pro rata basis. Proposed Resolution No. 12428 was adopted becoming Resolution No. 03-325. Voting Yes: Mayor Ortiz] Mayor Pro Tem Gillam; Councilmembers Hannah, Henderson, Thompson, Chaisson and Sinegal. Voting No: None. Councilmember Beard was not present in the Council Chamber during the vote. The caption of Resolution No. 03-325 reads as follows: RESOLUTION NO. 03-325 A RESOLUTI'ON AUTHOP, ZZI'NG THE C1'TY MANAGER TO TAKE $6,737.50 OUT OF THE FY 2004 GOLF COURSE CAPTTAL TMPROVEMENT FUND TO PAY FOR A PORTI'ON OF THE AQUI'LA GOLF, I'NC.'S SHARE OF THE PUMP REPAIRS AT BABE DIDRICKSON ZAHARZAS MEMORIAL GOLF COURSE, ACCOUNT NO. 103-2001- 601.87-00. Barker, November 11, 2003 - City Council Meeting Minutes 7 VII. A, ITEMS REQUIRING INDIVIDUAL ACTION Resolutions - Non-Consent P. R. No. 12404 - A Resolution Pertaining To The Transfer Or Sale Of Bent Tree Village And Park Central Village To Bent Tree Village, Ltd. And Autumn Chase Park, Ltd. The Mayor held the above-mentioned Proposed Resolution until after the Executive Session. (2) P.R. No. 12407 - A Resolution Authorizing The City Manager To Contract With Reuben A. Brown (BW Architects) For Professional Services For Phase I Of The Small Business Enterprise Program In The Amount Of $36,000. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Resolution No. 12407 be adopted. Councilmember Beard returned to his seat in the Council Chamber at 10:07 a.m. City Manager Fitzgibbons explained the key issues of the phases proposed by BW Architects and the value of IVlr. Brown's services to the city. He mentioned the Port Arthur Economic Development Corporation would also be considered as a funding source for the program. Councilmember Beard also commented in support of the initiative. Mr. Rueben Brown, 9894 Bissonet, Houston, appeared before the City Council to discuss his role in providing assistance in developing a Small Business Enterprise (SBE) Program. Mayor Ortiz discussed concerns with abatement contracts and discussed utilizing Lamar State College Port Arthur students to monitor employment compliance of abatement contracts. EDC Executive Director Mills, appeared before the City Council to discuss the effectiveness of a Small Business Enterprise Program to the infrastructure and the Economic Development Corporation Board's approval of funding. The following roll call vote was taken on the motion to adopt Proposed Resolution 12407: Councilmember Barker Councilmember Beard Councilmember Chaisson Councilmember Hannah Councilmember Henderson Councilmember Sinegal Councilmember Thompson Mayor Pro Tem Gillam Mayor Ortiz "Yes" "Yes" "No" "Yes" "Yes" "Yes" "Yes" "Yes" "Yes" Proposed Resolution No. 12407 was adopted becoming Resolution No. 03-326. The caption of Resolution No. 03-326 reads as follows: RESOLUTION NO. 03-326 A RESOLUTION AUTHORIZING THE CITY MANAGER TO CONTRACT WITH REUBEN A. November 11, 2003 - City Council Meeting Minutes 8 BROWN (BW ARCHITECTS) FOR PROFESSIONAL SERVZCES FOR PHASE ! OF THE SMALL BUSINESS ENTERPRISE PROGRAM IN THE AMOUNT OF $36,000. (3) P. R. No. 12408 - A Resolution Authorizing The Calling Of A Public Hearing To Consider Whether Or Not Public Convenience And Necessity Require The Operation Of Proposed Wrecker Business For 3oseph Boone, Sr., DBA Boone's Towing And Recovery. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Resolution No. 12408 be adopted. City Attorney Sokolow recommended setting a Public Hearing four weeks from this date, December 9, 2003. Proposed Resolution No. 12408 was adopted becoming Resolution No. 03-327. Voting Yes: Mayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Henderson, Beard, Thompson, Chaisson and Sinegal. Voting No: None. Councilmember Barker was not present in the Council Chamber during the vote. The caption of Resolution No. 03-327 reads as follows: RESOLUTION NO. 03-327 A RESOLUTI~ON AUTHORIZtNG THE CALL1~NG OF A PUBLIC HEARING TO CONSIDER WHETHER OR NOT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE OPERATION OF PROPOSED WRECKER BUSINESS FOR 3OSEPH BOONE, SR., DBA BOONE'S TOWING AND RECOVERY. (4) P. R. No. 12413 - A Resolution Rescinding A Contract With Atlas Tunnels & Excavation And Awarding A Contract To Provost Demo/it/on & Construction in The Amount Of $13,900.00 And Authorizing The Execution Of A Contract For The Demolition Of Seven (7) Dangerous Residential Properties (Group C) To Be Charged To Account No. 105- 1431-552.59-00, Project No. C29120. The Mayor introduced the above-mentioned Proposed Resolution. Councilmember Barker returned to his seat in the Council Chamber at 11:08 a.m. Upon the motion of Councilmember Henderson, seconded by Mayor Pro Tern Gillam and carried unanimously, Proposed Resolution No. 12413 was adopted becoming Resolution No. 03-328. Voting Yes: Mayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Barker, Henderson, Beard, Thompson, Chaisson and Sinegal. Voting No: None. November 11, 2003 - City Council Meeting Minutes 9 The caption of Resolution No. 03-328 reads as follows: RESOLUTION NO. 03-328 A RESOLUTTON RESCZNDING A CONTRACT Wt'TH ATLAS TUNNELS & EXCAVATTON AND AWARDTNG A CONTRACT TO PROVOST DEMOLTTZON & CONSTRUCTION IN THE AMOUNT OF $13,900.00 AND AUTHORI'ZTNG THE EXECUTI'ON OF A CONTRACT FOR THE DEMOLZTt'ON OF SEVEN (7) DANGEROUS RESIDENTTAL PROPERTtES (GROUP C) TO BE CHARGED TO ACCOUNT NO. 105-1431- 552.59-00, PRO3ECT NO. C29120. (5) P. R. No. 12414 - A Resolution Rescinding A Contract With Atlas Tunnels & Excavation And Awarding A Contract To Provost Demolition 8 Constru~Jon In The Amount Of $14,200.00 And Authorizing The Execution Of A Contract For The Demolition Of Seven (7) Dangerous Residential Properties (Group D) To Be Charged To Account No. 105- 1431-552.59-00, Project No. C29120. The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Mayor Pro Tem GJllam, seconded by Councilmember Henderson and carried unanimously, Proposed Resolution No. 12414 was adopted becoming Resolution No. 03-329. Voting Yes: Mayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Barker, Henderson, Beard, Thompson, Chaisson and $inegal. Voting No: None. The caption of Resolution No. 03-329 reads as follows: RESOLUTION NO. 03-329 A RESOLUTZON RESCZNDING A CONTRACT WITH ATLAS TUNNELS & EXCAVATION AND AWARDZNG A CONTRACT TO PROVOST DEMOLITION & CONSTRUCTION IN THE AMOUNT OF $14,200.00 AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE DEMOLITTON OF SEVEN (7) DANGEROUS RESIDENTTAL PROPERTZES (GROUP D) TO BE CHARGED TO ACCOUNT NO. 105-1431- 552.59-00, PRO.1ECT NO. C29120. (6) P. R. No. 12415 - A Resolution Rescinding A Contract With Atlas Tunnels & Excavation And Awarding A Contract To _rnland Environment~, .mc. In The Amount Of $14,300.00 And Authorizing The Execution Of A Contract For The Demolition Of Seven (7) Dangerous Residential Properties (Group E) To Be Charged To Account No. 105-1431-552.59-00, Project No. C29120. The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Henderson, seconded by Councilmember Barker and carried unanimously, Proposed Resolution No. 12415 was adopted becoming Resolution No. 03-330. November 11, 2003 - City Council Meeting Minutes 10 Voting Yes: Mayor 0rtiz; Mayor Pro Tem Gillam; Councilmembers Henderson, Beard, Thompson, Chaisson and Sinegal. Voting No: None. The caption of Resolution No. 03-330 reads as follows: RESOLUTTON NO. 03-330 A RESOLUTrON RESCTNDrNG A CONTRACT WZTH ATLAS TUNNELS & EXCAVATrON AND AWARDYNG A CONTRACT TO TNLAND ENVIRONMENTS, TNC. I'N THE AMOUNT OF $14,300.00 AND AUTHOR/ZING THE EXECUTION OF A CONTRACT FOR THE DEMOLIT1~ON OF SEVEN (7) DANGEROUS RESIDENTI~AL PROPERTTES (GROUP E) TO BE CHARGED TO ACCOUNT NO. 105-1431- 552.59-00, PRO.1ECT NO. C29120. (7) Hannah, Barker, P. R. No. 12423 - A Resolution Ratifying And Confirming Appointment(s) To The Board Of Directors Of The Port Arthur Housing Finance Corporation. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Beard that Proposed Resolution No. 12423 be adopted. Councilmember Henderson nominated Mr. Jerry Mdnnis to serve as a Board Director on above-mentioned nominee the Port Arthur Housing Finance Corporation. Proposed Resolution No. 12423 was adopted with the becoming Resolution No. 03-331. Voting Yes: Mayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Henderson, Beard, Thompson, Chaisson and Sinegal. Voting No: None. The caption of Resolution No. 03-331 reads as follows: (8) The Mayor Session. (9) Barker, RESOLUTrON NO. 03-331 A RESOLUTTON RATrFYING AND CONFIRMING APpOI'NTMENT(S) TO THE BOARD OF DI'RECTORS OF THE PORT ARTHUR HOUSING FTNANCE CORPORATION. P.R. No. 12424 - A Resolution Approving The Purchase By The Port Arthur Economic Development Corporation Executive Director Of A Phone System From Southwestern Bell At The EDC Building Located At 4173 39t~ Street In The Amount Of $9,537.24. held the above-mentioned Proposed Resolution until alter the Executive P. R. No. 12425 A Resolution Appointing And/Or Reappointing A Member Or Members To The Planning And Zoning Commission. November 11, 2003 - City Council Meeting Minutes 11 The ayor introduced the above-mentioned Proposed Resolution. The motion was made by Coundlmember Henderson and seconded by Councilmember SJnegal that Proposed Resolution No. ].2425 be adopted. City Secreta Green read the following Planning and Zoning Commission nominations into the record: Mr. Philip Todora Mr. Richard Cox (Reappointment) (New Appointment) Proposed Resolution No. 12425 was adopted becoming Resolution No. 03-332. Voting Yes: Mayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Barker, Henderson, Beard, Thompson, Chaisson and Sinegal. None. Voting No: The caption of Resolution No. 03-332 reads as follows: RESOLUTION NO. 03-332 A RESOLUTION APPO?NTt'NG AND/OR REAPPO?NTtNG A MEMBER OR MEMBERS TO THE PLANNtNG AND ZONI~NG COMMt'SSION. (11) P. R. No. 12430 - A Resolution Requesting That The Economic Development Corporation Pay Their Equal Share Of The Pleasure Island Water Tower And Water Line Project Costs As They Committed To Do In Their November 1999 EDC Board Meeting. (Requested By Mayor Ortiz) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Resolution No. 12430 be adopted. City Manager Fitzgibbons reported that the Pleasure Island Water Tower and Water Line Project costs, including overruns, were equally shared by the City, .]efferson County, the Pleasure Island Commission and the Economic Development Corporation. Finance Director Underhill appeared before the City Council to report that the entities have made payments with the exception of the EDC. EDC Executive Director Mills appeared before the City Council and requested copies of invoices and additional supporting documentation. Proposed Resolution No. 12430 was adopted becoming Resolution No. 03-333. Voting Yes: Mayor Ortiz; Mayor Pro Tern Gillam; Councilmembers Hannah, Barker, Henderson, Beard, Thompson, Chaisson and Sinegal. Voting No: None. The caption of Resolution No. 03-333 reads as follows: RESOLUTION NO. 03-333 A RESOLUTION RE(~UESTING THAT THE ECONOMIC DEVELOPMENT CORPORATION PAY THEIR E(}UAL SHARE OF THE PLEASURE ISLAND November 11, 2003 - City Council Meeting Minutes 12 WATER TOWER AND WATER LINE PRO3ECT COSTS AS THEY COMMITt'ED TO DO IN THEIR NOVEMBER 1999 EDC BOARD MEETING. (REQUESTED BY MAYOR ORTIZ) The City Council recessed their meeting at 11:27 a.m. for a luncheon at Rose Hill Manor and reconvened at 1:30 p.m. with the following members present: Mayor Ortiz, Mayor Pro Tem Gillam, Councilmembers Hannah, Barker, Henderson, Chaisson (present in the Chamber), and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. Councilmember Beard arrived at the meeting during the Executive Session at 1:35 ZX. *CLOSED MEETZNG (EXECUTZVE SESSION) Closed Meetinq: (1) Section 551.087 Government Code - To Discuss Economic Zncentives As Zt Pertains To Residential, Hospital, Commercial And Residential Projects. (2) Section 551.071 Government Code - To Discuss With The City Attorney And Robin Morse Potential Litigation With The Environmental Protection Agency As It Pertains To The Superfund Site. (3) Section 551.071 Government Code - To Discuss With The City Attorney Pending Or Prospective Litigation With Hayes And Affiliated Entities. (4) Section 551.072 Government Code- To Discuss The Value Of Land Adjacent To The Proposed Extension Of Jimmy Johnson And Park Central Boulevard. (5) Section 551.071 Government Code - To Discuss With Brian Begle The Pending Litigation Of Mills vs. City And The Economic Development Corporation. The City Council recessed their meeting at 1:32 p.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 3:50 p.m. with the following members present: Mayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Barker, Henderson, Beard, Chaisson, and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. Councilmember Thompson arrived at the meeting during the Executive Session at 1:46 p.m. and left the City Council meeting after the closed session at 3:50 p.m. VIT. ITEMS RE(~UIR[NG INDIV]~DUALACTION Item - Consent Consideration And Approval Of Awarding A Bid To Iq/ke Barnette Construct/on Of Port Ne¢/zes~ Te~:as For Reservoir Fencing In The Amount Of $15,925 For The Utility Operations Department (Water Purification Division). The Mayor introduced the above-mentioned Item. City Attorney Sokolow recommended that the City Council table Item C. Upon the motion of Mayor Pro Tern Gillam, seconded by Councilmember Beard and unanimously carried, Item C was tabled pending additional information. November 11, 2002 - City Council Meeting Minutes 13 A. Resolutions - Non-Consent (1) P. R. No. 12404 - A Resolution Pertaining To The Transfer Or Sale Of Bent Tree Village And Park Central Village To Bent Tree Village, Ltd. And Autumn Chase Park, Ltd. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Mayor Pro Tem Gillam and seconded by Counciimember Henderson to adopt Proposed Resolution No. 12404. City Attorney Sokolow read the following into the record as part of the motion: The resolution will have an Exhibit "B" as follows: The request of Ike Akbari and his affiliated companies is approved pending the following conditions: That Ike Akbari and his affiliated companies produce a true and correct copy of their applications for FHA Insurance that they filed with the U.S. Department of Housing and Urban Development Multi-Family Housing Division. That Tke Akbari and his affiliated companies produce a copy of all earnest money agreements for the following apartment complexes: Bent Tree, Park Central, Stonegate, Pebble Creek, Turtle Creek, Heatherbrook and Timber Creek. That Ike Akbari will produce all computations of surplus cash that have been filed by Bent Tree and Park Central with HUD since the date of their inception. That Ike Akbari will sign an authorization that will allow the City Attorney, City Manager or their designees to review the files of HUD as it pertains to their applications for FHA Insurance. That the City reserves the right to rescind this approval if these documents are not promptly produced to the City or if these documents show that the City's lien position or claims for excess surplus cash will be materially compromised. That the City will abide by the privacy procedures of Section 552.305 Government Code if this information is marked confidential and proprietary by Ike Akbari. Nevertheless, this will not preclude the City from seeking past due surplus cash or arrearages. Proposed Resolution No. 12420 was adopted with the inclusion of Exhibit "B" becoming Resolution No. 03-334. Voting Yes: Mayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Barker, Henderson, Beard, Chaisson and Sinegal. Voting No: None. November 11, 2003 - City Council Meeting Minutes 14 The caption of Resolution No. 03-334 reads as follows: RESOLUTtON NO. 03-334 A RESOLUTTON PERTATN?NG TO THE TRANSFER OR SALE OF BENT TREE VTLLAGE AND PARK CENTRAL Vt'LLAGE TO BENT TREE VZLLAGE~ LTD. AND AUTUMN CHASE PARK, LTD. (8) P. R. No. 12424 - A Resolution Approving The Purchase By The Port Arthur Economic Development Corporation Executive Director Of A Phone System From Southwestern Bell At The EDC Building Located At 4173 39m Street In The Amount Of $9,537.24. The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Mayor Pro Tem Gillam, seconded by Councilmember $inegal and carried unanimously, Proposed Resolution No. 12424 was adopted becoming Resolution No. 03-335. Voting Yes: Mayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Barker, Henderson, Beard, Chaisson and Sinegal. Voting No: None. The caption of Resolution No. 03-335 reads as follows: RESOLUTION NO. 03-335 A RESOLUTION APPROVING THE PURCHASE BY THE ECONOMTC DEVELOPMENT EXECUTIVE DIRECTOR OF A PHONE SYSTEM FROM SOUTHWESTERN BELL AT THE EDC BUILDING LOCATED AT 4173 39TM STREET IN THE AMOUNT OF $9~537.24. The City Attorney recommended the following action: Upon the motion of Mayor Pro Tem Gillam, seconded by Councilmember Henderson, and unanimously carried, approval was granted for a payment in the amount of $16,116.37 to the Germer law firm for the legal services of Attorney Guy Goodson concerning the Hayes condemnation litigation. Voting Yes: Mayor Ortiz; Councilmembers Hannah, Barker, Henderson, Beard, Chaisson and $inegal. Voting No: None. Mayor Pro Tem Gillam left his Council seat at 3:55 p.m. and returned at 3:56 p.m. B. Ordinances None November 11, 2003 - City Council Meeting Minutes 15 C. *Reports/ nd Recommendations (1) September, 2003 Financial Report Finance Director Rebecca Underhill presented the above-mentioned report. Mrs. Underhill noted the Preliminary Report for Year Ending September 2003 results are being audited and will be presented in a revised format to the City Council in January. Councilmember $inegal requested Convention and Tourism Executive Director Ko~zur submit a report of hotel occupancy during the time of the Pop Warner event. (2) Report On Bank CRA Activities Mayor Pro Tem Gillam stated he has provided a list of questions and issues to be addressed in the request for depository proposals. The Mayor Pro Tern requested the banking CEO's address the City Council regarding community reinvestment. Mayor Pro Tem Gillam read into record the following: The Community Reinvestment Act Itself The Community Reinvestment Act is intended to encourage depository institutions to help meet the credit needs of the communities in which they operate, including Iow and moderate-income neighborhoods. It was enacted by the Congress of 1977 and is implemented by Regulation BB. The regulation was revised in May 1995. In 1977, Congress enacted the Community Reinvestment Act to require banks, thrifts, and other lenders to make capital available in Iow and moderate-income urban neighborhoods. Thereby, boosting the Nation's efforts to stabilize these declining areas. Concern over potential environmental and financial liability for cleaning up these sites has made lenders, developers and property owners reluctant to finance redevelopment of these properties. Rather than reuse former urban industrial sites, businesses have instead moved to suburban or rural green fields, which carry fewer perceived risks to develop. In .lanuary 1995, EPA announced its original Brownfields Action Agenda in response to the widespread economic development obstacles posed by urban brown fields. The 1995 - 1996 Brownfields Action Agenda encouraged a cooperative approach by EPA, lenders and prospective purchasers to ease fears of financial liability and regulatory burdens. EPA has coordinated with the Office of the Comptroller of the Currency to create incentives within the CRA Regulations for economic revitalization and development. Mayor Pro Tem Gillam concluded that lending institutions have a responsibility to reinvest in Port Arthur, most importantly the areas the City Council has been attacking for the last three to four years, the contaminated areas of the Westside and the downtown area. The Mayor Pro Tem requested that the City Manager distribute copies of the information to the City Council for consideration. (3) Report On Meter Readings And Water Bills Utility Operations Director Kelly Eldridge presented the above-mentioned report. November 11, 2003 - City Council Meeting Minutes 16 Coundlmember Hannah suggested changing the procedures of estimating water bills to effectively serve our citizens. Me recommended making personal contacts with citizens, as opposed to sending a letter or leaving a door hanger and extending the work hours, Mayor Pro Tem Gillam requested the City Manager devise a plan to monitor street, water, storm water, wastewater and final repair maintenance operations. To reduce the number of water bill estimations, the Mayor Pro Tern requested enacting a policy to give citizens notification when utility workers are unable to read the water meter. Councilmember Sinegal noted fluctuations in water billing amounts as one of the main citizen complaints. (2) Report On Bank CRA Activities (Continued) Mayor Pro Tem Gillam requested the following information from the banking institutions: 1. The number of home loans and dollar amounts funded. The number of business (commercial and retail) loans and dollar amounts funded. o The plans of activity for economic revitalization in our urban areas/ Brownfields areas of the city. In particular, zip codes 77640, 77641, 77642 and 77643. Mayor Ortiz instructed the City Secretary to compose a letter to invite local financial institutions to appear before the regarding the above-mentioned information. Councilmember Sinegal requested additional information concerning loan denials and the dollar amounts. (4) Report On Proposed FY 2004 Street Program Public Works Director McMahen presented the above-mentioned report and requested City Council suggestions. The Public Works Director was instructed to submit paper copies and arrange a tour of the proposed street improvements, (5) Report On School Zone Safety Police Chief Tyler presented the above-mentioned report. (6) Report On 3oint Advisory (Port Arthur City Council & PAISD) Committee Meeting Held On October 21, 2003 Councilmember Chaisson reported the Joint Advisory Committee discussed school safety issues, the impending bond issue, payment of the water tower logo painting and committee structure and noted the next meeting will be in February 2004. Utility Operations Interim Director Eldridge reported that the contractor has started the logo painting. (7) Status Report On The Port Arthur Redevelopment Initiative Port Arthur Redevelopment Initiative representatives were not present to present the above-mentioned report. November 11, 2003 - City Council Meeting Minutes 17 REPORTS OF BOARDS None VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P. R. No. 12404 - A Resolution Pertaining To The Transfer Or Sale Of Bent Tree Viliage And Park Central Village To Bent Tree Village, Ltd. And Autumn Chase Park, Ltd. The Mayor reIintroduced the above-mentioned Proposed Resolution for reconsideration. The motion was made by Mayor Pro Tem Gillam and seconded by Councilmember Beard to reconsider Proposed Resolution No. 12404 that was earlier approved as Resolution No. 03-334. Mr. Ike Akbari, 4424 Markwood Court, Nederland, and Ms. Toni Jackson of Coats Rose Law Firm--Houston, his attorney, appeared before the City Council to request revisions to Exhibit"B" of Resolution No. 03-334. Ms. Jackson detailed concerns with the language in the exhibit regarding producing computations of surplus cash filed by Bent Tree/Park Central with HUD from the date of inception. City Attorney Sokolow recommended full disclosure of the property transfer and suggested the City Council return to Executive Session. IX. *CLOSED MEETING (EXECUTIVE SESSION) (3) Section 551.071 Government Code - To Discuss With The City Attorney Pending Or Prospective Litigation With Hayes And Affiliated Entities. The City Council recessed their meeting at 5:04 p.m. to meet in Executive Session to consider the above-mentioned topic, and reconvened their meeting at 5:17 p.m. with the following members present: Mayor Ortiz; Mayor Pro Tem Gillam; Councilmembers Hannah, Barker, Henderson, Beard, Chaisson and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. The motion and second to reconsider P. R. No. 12404--Approved as Resolution No. 03- 334, were withdrawn by Mayor Pro Tem Gillam and Councilmember Beard until the attorneys can meet. The Mayor requested that City Attorney Sokolow consult with Mr. Akbari's attorney, Ms. Toni .lackson, and return with a recommendation to the City Council in two-weeks. X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Mayor Ortiz A report on the Brownfields Regional Forum. Mayor Ortiz announced that, Ms. Camisha Scott, of the Dallas Environmental Protection Agency's Brownfields Office will be visiting Port Arthur on November 12-13, 2003. She will present a workshop on Thursday, November 13, 2003, from 9:30 a.m. to 11:30 p.m. at the Port Arthur Bob Bowers Civic Center and that the Port Arthur Brownfields Committee will meet on November 13, 2003 with Mrs. Scott from 8:30 a.m. to 9:15 a.m. November 11, 2003 - City Council Meeting Minutes 18 CouncJlmember Henderson A report on the installation of a traffic signal at Ninth Avenue and Lake Arthur. City Attorney Sokolow extended invitations to attend a ceremony at the Port Arthur Municipal Court honoring the late Municipal Court Prosecutor, Mr. Stanley George, on Friday, November 14, 2003, at 3:00 p.m. XI. ADJOURNMENT OF MEETING Upon the motion of Mayor Pro Tern Gillam, seconded by Councilmember $inegal and carried unanimously, the City Council adjourned their meeting at 5:23 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 OSCAR G. OR'F[Z A~E~: CITY SECRETARY EVANGELINE GREEN END OF REGULAR MEETING HELD November 11, 2003. APPROVED: November 11, 2003 - City Council Meeting Minutes 19