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Home My WebLink AboutSEPTEMBER 18, 2004 REGULAR REGULAR MEETING - September 28, 2004 I. ROLL CALL, INVOCATION & PLEDGE The City Council of the City of Port Arthur met in Regular Session on Tuesday, September 28, 2004 at 5:37 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Oscar G. Ortiz; Mayor Pro Tern John Beard, ]r.; Councilmembers Craig Hannah, Felix A. Barker, Thomas .1. Henderson, Hartin Flood, Ronnie Thompson, Deloris "Bobble" Prince and Michael "Shane" $inegal; City Manager Steve Fitzgibbons; City Secretary Evangeline "Van" Green and City Attorney Mark Sokolow. The pledge to the flag and the invocation was fulfilled at the beginning of the 4:30 p.m. Special Meeting. II. PROCLAMATIONS & MINUTES Minutes - Regular Meeting September 14, 2004 Upon the motion of Councilmember Henderson, seconded by Councilmember Barker, and carried unanimously, the City Council approved the above-mentioned minutes. IX. *CLOSED MEETING (EXECUTIVE SESSION) Closed Meetinq: (S) Section SS1.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To EDC Processes, Procedures And Programs. (8) Section SS1.071 Government Code - To Discuss With The City Attorney Procedures As To Avoid Litigation As To The Processes And Procedures Of The Economic Development Corporation. The City Council recessed their meeting at 5:40 p.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 7:57 p.m. with the following members present: Hayor Ortiz; Mayor Pro Tern Beard; Councilmember Hannah, Barker, Henderson, Flood, Thompson, Prince and Sinegal; City Hanager Fitzgibbons; City Secretary Green and City Attorney Sokolow. III. PETITIONS & COMMUNICATIONS A. Presentation Presentation By Gayle Botley Regarding EDC Contracts There was no public discussion or presentation of the above-mentioned' topic by Gayle Botley. B. Speakers (1) Alfred Dominic Regarding Entergy Rate Increase Part II Mr. Alfred Dominic, 145 W. 15th Street, appeared before the Council and appealed for them to contact the PUC regarding the above-mentioned Entergy Rate Increase. (2) Dr. Willis Mackey Regarding Appreciation For The City Waiving Building Fees For School Construction And Renovation Projects - Appeared later during the meeting due to a previously scheduled school district event. (3) 3immy Dike Regarding Golf Course Development- NOT PRESENT C. Correspondence None IV. PUBLIC HEARINGS - 7:00PH To Consider Whether Or Not To Issue A Specific Use Permit For An Auto Storage Located On The Southside Of Gulfway Drive Approximately :[:[0' East Of 4th Avenue; Applicant: Santos Funez - 32:[8 Gulfway Drive (Z04-07). The Mayor opened the Public Hearing at 8:04 p.m. Planning/Grants Director Dale Watson appeared before the Council and pointed out the location of the proposed Auto Storage. He also stated that the Planning & Zoning Commission approved the proposed Specific Use permit with the following criteria to be met: (1) No wrecker service shall be established at the location. (2) No storage of wrecked vehicles. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned specific use permit. No one came forward to speak. Upon the motion of Councilmember Henderson, seconded by Councilmember Barker, and carried unanimously, the Cib/ Council closed the Public Hearing at 8:09 p.m. (2) To Consider Whether Or Not To Issue A Specific Use Permit For A Beauty/Barber Shop Located On The North Side Of 66th Street, Extending To 67th Street And Approximately 2S0' West Of Garnet Avenue; Applicant: Kirk Broussard - 2623 66th Street (Z04-08). The Mayor opened the Public Hearing at 8:09 p.m. Planning/Grants Director Dale Watson appeared before the Council and pointed out the location of the proposed Beauty/Barber Shop. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned specific use permit. No one came forward to speak. Upon the motion of Councilmember Henderson, seconded by Councilmember Barker, and carried unanimously, the City Council closed the Public Hearing at 8::~0 p.m. V, UNFI~NISHED BUSINESS P. R. No. :[28:[4 - A Resolution As It Pertains To The Water Account Of The Triangle Soup Kitchen. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Mayor Pro Tem Beard that Proposed Resolution No. 12814 be adopted. 2 City Council Meeting September 28, 2004 The City Attorney read the following Exhibit "B" into the record: EXH?BI'T "B" · The outstanding arrearage as to water, sewer, garbage, and associated fees for the Triangle Soup Kitchen will be listed as $0. · The plumbing bill of $149 will be paid by the City. · Triangle Soup Kitchen will sign the appropriate release of its claims as approved as to form by the City Attorney. Proposed Resolution No. 12814 was adopted becoming Resolution No. 04-310. Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmember Hannah, Barker, Henderson, Flood, Thompson, Prince and $inegal. Voting No.' None. The caption of Resolution No. 04-310 reads as follows: RESOLUT?ON NO. 04-310 A RESOLUT:[ON AS :IT PERTAZNS TO THE WATER ACCOUNT OF THE TR:[ANGLE SOUP K:[TCHEN. V:[. 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. 12828: A. Consideration And Approval Of Payment To Mustang Tractor & Equipment Of Beaumont, Texas :In The Amount Of $18,147.14 For Emergency Repairs To A 1999 Caterpillar D- 6R-XL Dozer (Equipment #1336) For The Public Works Department. B. Consideration And Approval Of Payment To Computer :[nformation Systems, :[nc. (C:[S) Of Skokie, :[llinois :[n The Amount Of $6,600.00 For Maintenance Contract For CAD System For The Police Department. C. Consideration And Approval Of Payment To The Southeast Texas Arts Council :[n The Amount Of $45,000 For The City's Fiscal Year 2004-2005 Contribution, D. Consideration And Approval Of Awarding A Bid For The Purchase Of Two :[ce Machines From Warren Equipment Company Of Beaumont, Texas :[n The Amount Of $5,192.00 For The Public Works Operation Center. E. Consideration And Approval Of Awarding A Bid For Calendar Year 2005 Library Periodicals To Magazine Subscription Service Agency :[n The Amount Of $8,364.42 For The Port Arthur Library. F. Consideration And Approval Of Payment For The'City's Pro- Rata Share Of The 2005 .lefferson County Appraisal District Funding Allocation :[n The Total Amount Of $102,834.76 (Four Equal Payments Of $25,708.69). Cib/Council Meeting September 28, 2004 G. Consideration And Approval Of Awarding A Bid For The Purchase Of One IBM 6400-110 Printer To Entre' Computer Of Beaumont, Texas In The Amount Of $6,497 For The Water Utility Department (Utility Billing Division). H. Consideration And Approval Of A Request From The 3efferson County Tax Assessor-Collector For The Waiver Of Penalties And [nterest tn The Amount Of $298.05 On Four Accounts Which Have Been Accepted As Payments. Resolutions - Consent (:t) P.R. No. :L2783 - A Resolution Authorizing The Execution Of A CDBG Contract tn The Amount Of $14,500.00 Between The Port Arthur Neighborhood Action Council And The City Of Port Arthur To Provide Neighborhood Security Through The Use Of Neighborhood Action Groups Primarily tn Low To Moderate Income Neighborhoods. Proposed Resolution No. 12783 was adopted becoming Resolution No. 04-311. (2) P. R. No. 12825 A Resolution Approving A Contract Between The City Of Port Arthur, Lamar State College-Port Arthur And The Port Arthur Historical Society For The Purpose Of Funding The Museum Of The Gulf Coast For The 2004-2005 Fiscal Year In The Amount Of $71,000, Account No. 001-1003-512.59-00. Proposed Resolution No. 12825 was adopted becoming Resolution No. 04-312. (3) P. R. No. ;[2826 - A Resolution Approving A Contract Between The City Of Port Arthur And The Port Arthur Historical Society For The Purpose Of Funding The Pompeiian Villa For The 2004-2005 Fiscal Year tn The Amount Of $:t4,800, Account No. 00~.-~003-512.59-00. Proposed Resolution No. 12826 was adopted becoming Resolution No. 04-313. (4) P.R. No. :[2827 - A Resolution Authorizing The Execution Of An Agreement To Share Operating Expenses Of Rose Hill Between The City Of Port Arthur And The Federated Women's Club Of Port Arthur For The 2004-200S Fiscal Year, In An Amount Not To Exceed $6,000, Account No. 001-:[003-S:[2.S9-00. Proposed Resolution No. 12827 was adopted becoming Resolution No. 04-314. (6) P. R. No. 12829 A Resolution Approving' Sewer Adjustments To Certain Utility Accounts. Proposed Resolution No. 12829 was adopted becoming Resolution No. 04-315. (7) P.R. No. 12834 - A Resolution Granting Permit #:L65 To Permit The Drilling Of An Oil Or Gas Well By Noble Energy, [nc. Proposed Resolution No. 12534 was adopted becoming Resolution No. 04-316. 4 Cib/Council Meeting September 28, 2004 (8) P.R. No. 12835 - A Resolution Authorizing The Mayor And City Manager To Execute A Contract For Professional Services Between The City Of Port Arthur And Bob Shaw Consulting Engineers Of Port Arthur, Texas For A Drainage Study For The Area Bounded By Thomas Boulevard, Houston Avenue, West lgth Street And Terminal Road; Said Contract Not To Exceed An Amount Of $15,000, Funds Being Available In The Fiscal Year 2005 Budget, Account No. 001- 1202-531.59-00. Proposed Resolution No. 12835 was adopted becoming Resolution No. 04-317. {g) P.R. No. 12838 - A Resolution Authorizing The Director Of Finance To Pay The Monthly Sales Tax Rebate For The Target Incentive Project From City Account No. 001-1003- 512.59-00 For Fiscal Year 2004-2005. Proposed Resolution No. 12838 was adopted becoming Resolution No. 04-318. (10) P. R. No. :1.2840 - A Resolution Awarding Automatic Transmission Service To AAMCO Transmissions Of Port Arthur, Texas For The Rate Of $34.00 Per Hour. Proposed Resolution No. 12840 was adopted becoming Resolution No. 04-319. {11) P. R. No. 12841 - A Resolution Awarding A Contract To The Lowest Bidder And Authorizing The Execution Of A Contract For Grounds Maintenance For The Utility Operations Department To Sandra's Enterprises, Inc., Of Port Arthur, Texas For The Sum Not To Exceed Thirteen Thousand Seven Hundred And No/lO0 Dollars ($13,700) For Groups B, C And E, Funds AYailable In Account No. 410-1255-5:32.59-00. Proposed Resolution No. 12841 was adopted becoming Resolution No. 04-320~ (12) P. R. No. 12842 - A Resolution Awarding A Contract To The Lowest Bidder And Authorizing The Execution Of A Contract For Grounds Maintenance For The Utility Operations Department To 3oey'$ Tractor Service Of Port Arthur, Texas For The Sum Not To Exceed Twenty-Seven Thousand Sixty And No/100 Dollars ($27,060) For Groups A, D. And F. Funds Available In Account No. 410-1255-532.59-00. Proposed Resolution No. 12842 was adopted becoming Resolution No. 04-321. VII. ITEMS REQUIRI'NG TNDTVTDUAL ACTION - NON-CONSENT Consent- Resolution (S) P.R. No. 12828 - A Resolution Authorizing The Mayor To Execute A Department Of The Army License To Construct, Operate And Maintain A Water Line Under The Port Arthur Channel Near KeJth Lake Bridge. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded, by Councilmember Thompson that Proposed Resolution No. 12828 be adopted. Utility Operations Director Kelly Eldridge appeared before the Council and addressed inquiries regarding the proposed resolution that would give license to the Army Corps of 5 City Council Heeting September 28, 2004 Engineers for this waterline project, Proposed Resolution No. 12828 was adopted becoming Resolution No. 04-322. Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmembers Hannah, Barker, Henderson, Flood, Thompson, Prince and Sinegal. Voting No: None. The caption of Resolution No. 04-322 reads as follows: RESOLUTION NO. 04-322 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A DEPARTMENT OF THE ARMY LICENSE TO CONSTRUCT, OPERATE AND MAINTAIN A WATER LINE UNDER THE PORT ARTHUR CHANNEL NEAR KEITH LAKE BRIDGE. A. Resolutions (1) P. R. No. 12807 - A Resolution As It Pertains To The Revolving Loan Of Melba And Allen Watson. The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Henderson, seconded by Mayor Pro Tem Beard and carried unanimously, Proposed Resolution No. 12807 was tabled. (2) P.R. No. 12831 - A Resolution Of The City Council Of The City Of Port Arthur Suspending For Ninety Days The Effective Date For The Adoption Of Rates For Entergy Gulf States, Inc., And Finding That This Resolution Complies With The Texas Open Meetings Act And Declaring An Effective Date. The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of lYlayor Pro Tem Beard, seconded by Councilmember Henderson and carried unanimously, Proposed Resolution No. 12831 was adopted becoming Resolution No. 04-323. Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmembers Hannah, Barker, Henderson, Flood, Thompson, Prince and Sinegal. Voting No: None. The caption of Resolution No. 04-323 reads as follows: RESOLUTION NO. 04-323 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ARTHUR SUSPENDING FOR NINETY DAYS THE EFFECTIVE DATE FOR THE ADOPTION OF RATES FOR ENTERGY GULF STATES, INC., AND FINDING THAT THIS RESOLUTION COMPLIES WITH THE ,TEXAS OPEN MEETINGS ACT AND DECLARING AN EFFECTIVE DATE. 6 City Council Meeting September 28, 2004 (3) P.R. No. 12836 - A Resolution Appointing Or Reappointing A Member Or Members To The Beautification Commission (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. 12836 be adopted with the following reappointments: Mr. Salvadore "Sal" Grado 3938 Chandelle Lane Mrs. Anna Francis 2748 13th Street Proposed Resolution No. 12836 was adopted becoming Resolution No. 04-324. Voting Yes: Mayor Ortiz; Mayor Pro Tem Beard; Councilmembers Hannah, Barker, Henderson, Flood Thompson, Prince and Sinegal. Voting No: None. The caption of Resolution No. 04-324 reads as follows: RESOLUTION NO. 04-324 A RESOLUTION APPOINTING OR REAPPOINTING A MEMBER OR MEMBERS TO THE BEAUTIFICATION COMMISSION (REQUESTED BY MAYOR ORTIZ). B. Ordinances None C. *Reports And Recommendations (:L) August, 2004 Financial Report Finance Director Rebecca Underhill presented the above-mentioned report. (2) Report On Weed And Seed Program (Requested By Councilmember Henderson) Weed & Seed Coordinator LaTonya Turner presented the above-mentioned report. III. PETITIONS & COMMUNICATIONS- CONTINUED B. Speakers (2) Dr. Willis Mackey Regarding Appreciation For The City Waiving Building Fees For School Construction And Renovation Projects Dr. Willis Hackey, Superintendent of the Port Arthur Independent School District, appeared before the City Council and expressed appreciation on behalf of the school district for the City's assistance and spoke on the above-mentioned topic. 7 City Council Heeting September 28, 2004 VII. ITEMS REQUIRING INDIVIDUAL ACTION - CONTINUED C. *Reports And Recommendations (3) Report On Pleasure Island RV Park (Requested By Mayor Pro Tem Beard) Mayor Pro Tem Beard presented background information on the above-mentioned report. Pleasure Island Commission Jimmy Whitley, 3533 9th Street, appeared before the Council and commented on the Pleasure Island RV Park and addressed inquires. ¥III. REPORTS OF BOARDS & COMMITTEES None IX. *CLOSED MEETING (EXECUTIVE SESSION) Closed Meetinq: (1) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Revolving Loans. (2) Section SS1.071 Government Code - To Discuss With The City Attorney The Pending Litigation Of Mark Hayes. (3) Section SS1.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Broderick Morris. (4) Section SS1.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To The ADA Claim Of Tetgmeier. (6) Section 551.072 Government Code - To Discuss The Value Of Land And Leases As It Pertains To The 441 Austin Building And Other City Property As It Pertains To Usage By Truth And Education Corporation. (7) Section SS1.071 Government Code - To Discuss With The City Attorney Potential Litigation As To TC! And Cable Service. The City Council recessed their meeting at 9:04 p.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 9:50 p.m. with the following members present: Mayor Ortiz; Mayor Pro Tem Beard; Councilmembers Hannah, Barker, Henderson, Flood, Thompson, Prince and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Councilmember Barker: Report regarding grass cutting and trailers on Gulfway. XI. ADJOURNMENT OF MEETING Upon the motion of Councilmember Henderson, seconded by Councilmember Barker and carried, the City Council adjourned their meeting at 9:55 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. 8 Cib/Council Meeting September 28, 2004 MAYOR OSCAR G. ORTTZ AI-I'EST: CTTY SECRETARY EVANGELI[NE GREEN END OF REGULAR MEETING HELD September 28, 2004 APPROVED: 9 City Council Meeting September 28, 2004