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HomeMy WebLinkAbout(2) DECEMBER 09, 2003REGULAR MEET:lNG - December 9, 2003 I. ROLL CALL, INVOCATION & PLEDGE The City Council of the City of Port Arthur met in Regular Session on Tuesday, December 9, 2003 at 8:42 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Pro Tern Tom Gillam, ff]; Coundlmembers Craig Hannah, Thomas ]. Henderson, Ronnie Thompson, Rose M. Chaisson and Michael "Shane" Sinegal; City Manager Steve Fitzgibbons; City Secretary Evangeline Green and City Attorney Mark Sokolow. Councilmember Sinegal gave the invocation and followed with the pledge to the flag. II. PROCLAMATIONS & MINUTES None TIT. PETITIONS & COMMUNICATIONS A. Presentations (1) Mark Viator, BASF, Regarding Community Activities BASF's Manager of Human Resources and Community Affairs, Mr. Mark Viator, appeared before the City Council to discuss handouts entitled, "Celebrate Success" and "Public Affairs Social Investment." Mr. Viator stated that Atofina and BASF are interested in partnering with the City in the development of environmental programs and construction scholarships for Port Arthur students. Councilmember John Beard, Ir. arrived at the City Council meeting at 8:59 a.m. Councilmember Sinegal volunteered to coordinate with Mr. Viator to develop a program to prepare and educate youth for petrochemical careers. Mayor Pro Tem Gillam will request Mayor Ortiz to form a committee to coordinate training programs and partnerships to assist deprived children. The Mayor Pro Tem expressed concerns of permanent employment and equal opportunities for Port Arthur citizens. IV. PUBLIC HEARINGS - 9:00AM To Consider Whether Or Not To Authorize The Chief Of Police To Issue A Wrecker Permit For Boone's Towing And Recovery. Mayor Pro Tem Gillam introduced the above-mentioned public hearing. City Secretaw Green reported the Public Hearing notification was published in the Port,4rthur News on November 18, 2003. Deputy Police Chief Raymond Clark, appeared before the City Council to state that Boone's Towing and Recovery has met the permit requirements and the applicant has been in the automobile business for approximately eleven years. The Deputy Police Chief reported there are currently fifteen authorized wrecker companies in the City and they operate on the rotation system. Mayor Pro Tern Gillam requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned permit. No one wished to address the public hearing. Upon the motion of Councilmember Henderson, seconded by Councilmember Thompson and carried unanimously, the City Council closed the Public Hearing at 9:29 a.m. III. PETITIONS & COMMUNICATIONS B. Speakers (2) Carolyn Motl Regarding Redesignation And Introduction Of The Port Arthur Teen Team City Group Teen Team City Leader and Entergy's Economic Development Manager, Hrs. Carolyn motl, appeared before the City Council to present an overview of the Teen Team City Group. Mrs. Hotl presented the City Council with a redesignation plaque and requested consideration from the City of Port Arthur in partnering with the Port Arthur Teen Team City program. Teen Team City Chairman, Mr. Conrad Cooper, appeared before the City Council to state the group's mission statement and discuss accomplishments during the past b, vo years. Teen Team City Co-Presidents and Memorial High School Seniors, NIs. _lalayna Dickerson and Mr. Sang Truong, appeared before the City Council to present Memorial High School Teen Team City Project Proposal Plans. Mayor Pro Tem Gillam noted for the record "Mr. Viator has $30,000 in scholarship funds he needs to get rid of". Teen Team City Sponsor and Memorial High School Business Teacher, Mr. Ken Giles, 2504 Glenwood, appeared before the City Council to commend the students for their accomplishments, and Mrs. Carolyn Motl and Mr. Don Pumphrey for providing opportunities to the students. The City Council recessed their meeting at 9:50 a.m. and reconvened their meeting at 10:03 a.m. with the following members present: Mayor Pro Tem Gillam; Councilmembers Hannah, Henderson, Beard, Thompson, Chaisson and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT C, *Reports And Recommendations (1) Report On Bank Community Reinvestment Activities Finance Director Underhill introduced Bank One representatives: Vice President and Community investment Market Manager, Mr. Cary Yates; City Executive, Mr. Chuck Ege and Relationship Manager, Ms. _]an Stewart. Bank One Vice President and Community Investment Market Manager, 1'4r. Cary Yates, appeared before the City Council to present Bank One's Community Reinvestment Act records. Mr. Yates presented a five-year analysis and discussed action plans to include financial literacy and credit counseling educational programs. Mayor Pro Tem Gillam requested Bank One to present the City Council with a number and dollar amounts of home and business (commercial, retail and industrial) loans granted and denied, and the amount of deposits for Port Arthur area zip codes 77640, 77641, 77642 and 77643. The Mayor Pro Tem suggested conducting a banker's forum to discuss community reinvestments. Bank One City Executive, Mr. Chuck Ege, appeared before the City Council to discuss generating commercial and small business loans. Guaranty Bank Representatives included: Community Reinvestment Act Community Development Specialist, Mr. ]oseph Gonzalez; Community Reinvestment Act Senior Vice President, Ms. Linda Walker; and Port Arthur Banking Manager and Assistant Vice President, Mr. Will _lackson. Community Reinvestment Act Community Development Specialist, Mr. ]osepll Gonzalez, appeared before the City Council to discuss Guaranty Bank's banking and lending services. He discussed Guaranty Bank's Iow-to-moderate income incentive program, income levels and credit scores. Mr. December 9, 2003 - City Council Meeting Minutes 2 Gonzalez announced a Brownfields grant conference will be held Harch 18-19, 2004 in Houston and offered assistance in coordinating the banking forum. Housing Program Coordinator Beverly Freeman appeared before the City Council and it was suggested that she meet with the banking representatives to coordinate the housing incentive program and other relevant issues. III. PETITIONS &COMMUNICATIONS A. Presentations (2) Reuben Brown, BW Architects, Regarding EDC Owner's Representation & SBE Outreach Efforts BW Architects Representative, iVlr. Reuben Brown, 9894 Bissonet, Suite 210, appeared before the City Council to discuss monitoring the [ASIS project to improve fiscal responsibility. Hr. Brown reported on small business outreach efforts, the strengthening of local capacities and the competitive bidding process. B. Speakers (1) Regina Lindsey Regarding Winter Odyssey 2003 Update South East Texas Arts Council Executive Director and Mayor of the City of Silsbee, Texas, Ns. Regina Lindsey, Post Office Box 3925, Beaumont, Texas, appeared before the City Council to discuss the expansion of the second annual Winter Odyssey event. Ms. Lindsey announced that Winter Odyssey begins Friday, December 12, 2003 and ends Sunday, 3anuary 4, 2004. (3) Don Pumphrey Regarding Status Of Entergy's System Improvements Entergy Representative, Mr. Don Pumphrey, appeared before the City Council to discuss Entergy's $4.3 Hillion upgrade investment. Mr. Pumphrey highlighted substation and transmission improvements, upgrading and the enhancing reliability, and tree trimming and herbicide spraying to prevent potential hazards. C. Correspondence None VI. CONSENT AGENDA Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal and carried unanimously, the following Consent Agenda items were adopted with the exception of Proposed Resolution No. P. R. 12454: Consideration And Approval Of Payment In The Amount Of $8,346.18 TO Texas Commission On Environmental Quality (TCEQ) For Annual Water System Fees. B. Expense Accounts: Mayor Oscar G. Ortiz: Attend Annual TML Conference Tn San Antonio, November 18-22, 2003 $1,878.09 Use Of Personal Auto In Town On City Business, November, 2003 $ 80.28 Use Of Personal Auto Out Of Town On City Business, November, 2003 $ 31.68 Mayor Pro Tem Gillam, Ir]i][: Use Of Personal Auto On City Business, October-November, 2003 $ 200.00 December 9, 2003 - City Council Meeting Minutes 3 Councilmember Felix A. Barker: Attend Annual TML Conference In San Antonio, TX, November 18-22, 2003 $ 2,128.93 Use Of Personal Auto on City Business, November, 2003 $ 100.00 Councilmember Rose M. Chaisson: Use Of Personal Auto On City Business, October-November, 2003 $ 200.00 Councilmember Craig Hannah: Use Of Personal Auto On City Business, October-November, 2003 $ 200.00 City Attorney Mark T. Sokolow: Attend Annual TML Conference In San Antonio, TX, November 20-2~., 2003 $ 822.55 Resolutions - Consent (2) P. R. No. 12455 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. Proposed Resolution No. 12455 was adopted becoming Resolution No. 03-360. (3) P. R. No. 12461 - A Resolution Awarding A Contract To The Lowest Responsible Bidder And Authorizing The Execution Of A Contract For 3anitorial Services For The Utility Operations Department Service Center To Southeast Texas Building Services Of Nederland, Texas, For The Sum Not To Exceed $S,880; Account No. 410-12S4-532.S9-00. Proposed Resolution No. 12461 was adopted becoming Resolution No. 03-361. (4) P. R. No. 12462 - A Resolution Rescheduling The December 23, 2003 Regular Meeting To December 16, 2003. Proposed Resolution No. 12462 was adopted becoming Resolution No. 03-362. VII. ITEMS REQUIRING INDIVIDUAL ACTION Resolutions - Consent (1) P. R. No. 12454 - A Resolution Authorizing The Mayor And City Manager To Execute A Contract In The Amount Of 9188,900 Between The City Of Port Arthur And Arceneaux And Gates Consulting Engineers, Inc., For Design And Construction Phase Services For The Pedestrian Boardwalk And Walking Trail, Funds Being Available In The FY 2004 Budget, Account No. 303-1603-591.89-00, CIP No. 202. Hayor Pro Tem Gillam introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Resolution No. 12454 be adopted. Arceneaux & Gates Consulting Engineer, Mr. Ron Arceneaux, 3501 Turtle Creek Drive appeared before the City Council to discuss the specifications of the walking trail. Mr. Arceaneaux stated that the proposed walking trail is to be extended from the boardwalk westward to Houston Avenue and eastward to Lamar State College. December 9, 2003 - City Council Meeting Minutes 4 Proposed Resolution No. 12454 was adopted becoming Resolution No. 03-363. Voting Yes: Mayor Pro Tem Gillam; Councilmembers Hannah, Henderson, Beard, Thompson, Chaisson and Sinegal. Voting No: None. The caption of Resolution No. 03-363 reads as follows: RESOLUTION NO. 03-363 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A CONTRACT IN THE AMOUNT OF $188,900 BETWEEN THE CITY OF PORT ARTHUR AND ARCENEAUX AND GATES CONSULTING ENGINEERS, INC., FOR DESIGN AND CONSTRUCT]~ON PHASE SERVICES FOR THE PEDESTRIAN BOARDWALK AND WALKING TRAIL, FUNDS BEING AVAILABLE IN THE FY 2004 BUDGET~ ACCOUNT NO. 303-1603-591.89-00, CIP NO. 202. VII. ITEMS REQUIRING INDIVXDUAL ACTION - NON-CONSENT A. Resolutions (2) P.R. No. 12460 - A Resolution Approving Distribution Of The Texas Gas Service Refund To Port Arthur, Port Neches, Groves And Nederland. Mayor Pro Tem Gillam introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Resolution No. 12460 be adopted. The City Manager reported the refund to the City of Port Arthur is based on expenses related to efforts to collect money for the hearing and other expenses shared by other cities, and that the expense was divided among the cities based on 1990 population figures. Proposed Resolution No. 12460 was adopted becoming Resolution No. 03-364. Voting Yes: Mayor Pro Tern Gillam; Councilmembers Hannah, Henderson, Beard, Thompson, Chaisson and Sinegal. Voting No: None. The caption of Resolution No. 03-364 reads as follows: RESOLUTTON NO. 03-364 A RESOLUTION APPROVING DISTRIBUTION OF THE TEXAS GAS SERVICE REFUND TO PORT ARTHUR, PORT NECHES~ GROVES AND NEDERLAND. (3) P.R. No. 12465 - A Resolution Pertaining To An Encroachment Agreement Requested By Duke Energy Field Services As It Pertains To The Centana Easement Mayor Pro Tem Gillam introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Resolution No. 12465 be adopted. December 9, 2003 - City Council Meeting Minutes 5 City Attorney Sokolow stated that the encroachment agreement is no longer needed and stated for the record, "The item should be removed from the agenda." The motions to adopt were withdrawn by Councilmember Henderson and Councilmember Sinegal. The City Council recessed their meeting at 12:02 p.m. and reconvened their meeting at 1:35 p.m. with the following members present: Mayor Pro Tem Gillam; Councilmembers Hannah, Henderson, Beard, Thompson, Chaisson and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. IX. *CLOSED MEETING (EXECUTIVE SESSION) Closed Meetinq: (1) Section SS1.087 Government Code - To Discuss Incentives For Residential, Commercial And Industrial Business Prospects. (2) Section 5S1.071 Government Code - To Discuss With The City Attorney Pending Or Prospective Litigation As It Pertains To The Hayes Entities. (3) Section S51.07! Government Code - To Discuss With The City Attorney Prospective Litigation As It Pertains To The Lower Neches Valley Authority. (4) Section 5S1.071 Government Code - To Discuss With The City Attorney Procedures To Avoid Litigation As It Pertains To The IASIS Project And Ancillary Public Infrastructure The City Council recessed their meeting at 1:37 p.m. to meet in Executive Session to consider the above-mentioned topics and reconvened their meeting at 2:43 p.m. with the following members present: Mayor Pro Tem Gillam; Councilmembers Hannah, Henderson, Beard, Thompson, Chaisson and Sinegal; City Secretary Evangeline Green and City Attorney Sokolow. V. UNFINISHED BUSINESS (1) P. R. No. 12350 - A Resolution Pertaining To The Use By The Lower Neches Valley Authority (LNVA) Of City Property And City's Charges Thereon. Mayor Pro Tem Gillam introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Henderson, seconded by Councilmember Beard and carried unanimously, Proposed Resolution No. 12350 was tabled. (2) P. R. No. 12445 - 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 And Subsequent Documents To Have Been Presented By Ike Akbari. Mayor Pro Tern Gillam introduced the above-mentioned Proposed Resolution. Upon the motion by Councilmember Henderson, seconded by Councilmember Beard and carried unanimously, Proposed Resolution No. 12445 was tabled. VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P. R. No. 12459 - A Resolution Authorizing The City Manager To Execute A Contract Between The City Of Port Arthur And Leslie E. McMahen, P. E., For Professional Engineering Services. December 9, 2003 - City Council Meeting Minutes 6 Mayor Pro Tern Gillam introduced the above-mentioned Proposed Resolution. Upon the motion by Councilmember Beard, seconded by Councilmember Sinegal and carried unanimously, Proposed Resolution No. 12359 was tabled. B. Ordinances P. O. No. 5372 - An Ordinance Annexing Territory Adjacent And Contiguous To The City Of Port Arthur Pursuant To Section 43.056 Local Government Code, V.T.C.A., Said Annexation Including Land Adjacent To Highway 73; And Said Territory Shall Become Part Of Council District No. 4. City Attorney $okolow introduced the above-mentioned Proposed Ordinance for City Manager Fitzgibbons in his temporary absence from the Council Chamber to attend a meeting. The City Attorney reported that the annexation would extend the city's extra territorial jurisdiction and discussed other issues. The motion was made by Councilmember Henderson and seconded by Councilmember $inegal that Proposed Ordinance No. 5372 be adopted. Proposed Ordinance No. 5372 was adopted becoming Ordinance No. 03-057. Voting Yes: Mayor Pro Tem Gillam; Councilmembers Hannah, Henderson, Beard, Thompson, Chaisson and Sinegal. Voting No: None. The caption of Ordinance No. 03-057 reads as follows: ORDINANCE NO. 03-057 AN ORDINANCE ANNEXING TERRITORY AD3ACENT AND CONTIGUOUS TO THE CITY OF PORT ARTHUR PURSUANT TO SECTION 43.056 LOCAL GOVERNMENT CODE, V.T.C.A., SATD ANNEXATION INCLUDING LAND AD3ACENT TO HIGHWAY 73; AND SAID TERRITORY SHALL BECOME PART OF COUNCIL DISTRICT NO. 4. (2) P. O. No. 5376 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning On Lot 3, Block 40, Lakeview Addition, Port Arthur, 3efferson County, Texas From Multifamily To Light Commercial (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 (Z03-07 Milson - 1734 Lakeview Avenue) City Attorney Sokolow introduced the above-mentioned Proposed Ordinance. Upon the motion by Councilmember Henderson, seconded by Councilmember Beard and carried unanimously, Proposed Ordinance No. 5376 was tabled. (3) P. O. No. 5377 - An Ordinance Authorizing The City Manager To Execute A New Proposed Developer Participation Contract Between The City of Port Arthur And Big Wheel Development, Inc. December 9, 2003- City Council Meeting Minutes 7 City Attorney Sokolow introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Ordinance No. 5377 be adopted. Big Wheel Development, Inc. Senior Vice President, Mr. Jerry Peters, appeared before the City Council to address City Council's concerns. Councilmember Sinegal emphasized that every effort should be made to use local labor for this project. In addition to using local labor, Councilmember Hannah requested that good faith efforts be made to purchase materials locally. Proposed Ordinance No. 5377 was adopted becoming Ordinance No. 03-058. Voting Yes: Mayor Pro Tem Gillam; Councilmembers Hannah, Henderson, Beard, Thompson and Sinegal. Voting No: Councilmember Chaisson. The caption of Ordinance No. 03-058 reads as follows: ORDINANCE NO. 03-058 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW PROPOSED DEVELOPER PARTICIPATION CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND BIG WHEEL DEVELOPMENT, INC. Councilmember Rose Chaisson left the City Council meeting at 3:55 p.m. VI. CONSENT AGENDA Resolutions (4) Resolution No. 03-362 (P. R. No. 12462) - A Resolution Rescheduling The December 23, 2003 Regular Meeting To December 16, 2003. Mayor Pro Tem Gillam requested reconsideration of approved Resolution No. 03-362, formerly Proposed Resolution No. 12462. Upon the motion by Councilmember Sinegal, seconded by Councilmember Beard and carried unanimously, Resolution No. 03-362 was reconsidered and amended to incorporate the following changes: The City Council will meet at 8:30 a.m. and the City Council and Economic Development Corporation Special .loint Meeting will meet at 10:30 a.m. on Tuesday, December 16, 2003. Voting Yes: Mayor Pro Tem Gillam; Councilmembers Hannah, Henderson, Beard, Thompson and Sinegal. Voting No: None. VII, ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT C. *Reports And Recommendations (2) Report On Texas Economic Development Council (TEDC) Community Development Award December 9, 2003- City Council Meeting Minutes 8 City Attorney $okolow reported from a news release that the Port Arthur Economic Development Corporation received the Texas Economic Development Council (TEDC) Community Development Award. VI't1'. REPORTS OF BOARDS IA COMMI"I-rEES None X. FUTURE AGENDA lrTEMS OR REQUESTED REPORTS Councilmember Henderson Report on the 2004 Street Improvement Program Councilmember Sinegal Report on the Collection of Street Barricades Councilmember Beard (3anuary 6, 2004 City Council Meeting) 1. Proclamation Honoring Port Arthur Police Officers for Acts of Heroism During a Recent Fire 2. Report on the Development of the Bankers Forum 3. Report on H-i'VE (Methyl Tertiary Butyl Ether) Groundwater Contamination Councilmember Hannah Report on the Availability of the Flu Vaccine 2. Report on Meter Reading and Estimation Revisions XI. AD.iOURNMENT OF MEET:lNG Upon the motion of Councilmember Sinegal, seconded by Councilmember Hannah and carried unanimously, the City Council adjourned their meeting at 3:07 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. ATTEST: MAYOR PRO TEM TOM GI~LLAM, III CITY SECRETARY EVANGELINE GREEN END OF REGULAR MEETING HELD December 9, 2003. APPROVED: December 9, 2003 - City Council Meeting Minutes 9