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HomeMy WebLinkAboutMARCH 1, 2005REGULAR MEETTNG - March 1, 2005 ROLL CALL, INVOCATION & PLEDGE The City Council of the City of Port Arthur met in Regular Session on Tuesday, March 1, 2005 at 8:40 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Oscar G. Ortiz; Councilmembers Craig Hannah, Felix A. Barker, Thomas Henderson, Martin Flood, Ronnie Thompson, Deloris "Bobble" Prince, Michael "Shane" Sinegal; City Manager Steve Fitzgibbons; City Secretary Evangeline "Van" Green and City Attorney Mark T. Sokolow. Mayor Pro Tem Beard arrived at the meeting at 8:48 a.m. The invocation was given by Councilmember $inegal followed by the pledge to the flag. II. PROCLAMATIONS & MINUTES The Mayor presented the following proclamation: March 1 - 31, 2005 as "National Nutrition Month" Minutes February 08, 2005 - Special Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal and carried unanimously, the City Council approved the above-mentioned minutes. February 15, 2005 - Regular Upon the motion of Councilmember Sinegal, Henderson and carried unanimously, the City mentioned minutes. seconded by Councilmember Council approved the above- III. PETITIONS &COMMUNICATIONS A. Presentations Presentation By The Southeast Texas Hispanic Cultural And Educational Center, Inc. Regarding Mercado Days Festival April 15-16, 2005 The above-mentioned presentation was rescheduled until the March 15, 2005 Council Meeting. (2) Presentation By CDBG Applicants The above-mentioned presentation was conducted at 1:51 p.m. after VII. C. Reports and Recommendations. B. Speakers (1) Gerald Tervalon Regarding New Delivery And Transportation Company--NOT PRESENT (2) Robert Fowler And Bryan Nellis Regarding Water/Sewage Service To Annexed Property--NOT PRESENT (3) Verna Rutherford Regarding Economic Development Mrs. Verna Rutherford, 8138 Heatherbrook, appeared before the City Council and spoke on the above-mentioned topic. She said that the Mixed Beverage Petition Drive was suspended due to an inability to secure enough signatures. 3essie Dorsey Regarding Drainage And Sewage Problems From S21S Through S321 Terrace Avenue--NOT PRESENT None IV. PUBLIC HEARINGS-g:00AM (t) To Consider And Review The Current Curfew Ordinance As To Whether Or Not To Continue, Modify Or Abolish The Hayor introduced the above-mentioned public hearing at 9:12 a.m. Police Chief John Tyler appeared before the City Council and discussed the daytime/nighttime curfew. He said that the current curfew ordinance is "a tool the officers have to keep kids off the street" and that it is continually being monitored. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned Curfew Ordinance and no one came forward. Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal and carried unanimously, the City Council closed the Public Hearing at 9:20 a.m. (2) To Consider Whether Or Not To Issue A Specific Use Permit For An Tnstitution Of A Religious Charitable Or Philanthropic Nature Located On The North Side Of 65th Street, Approximately Halfway Between 3ade And Garnet Avenues; Applicant: Christian Life Crisis Intervention, Inc. (ZOS-01). The Hayor introduced the above-mention public hearing at 9:20 a.m. Planning/Zoning Director Dale Watson Oiscussed the above-mentioned specific use request for an institution of religious, charitable or philanthropic nature and presented background information. He said that the purpose of the facility is to provide temporary housing for families visiting relatives incarcerated at area prisons. The Mayor requested to hear from anyone present in the audience who wished to speak regarding the above-mentioned specific use permit and Hr. Dion Ainsworth, Executive Director of the Christian Life Crisis Intervention, Inc. 2750 IH-10 East-- Beaumont, Texas, came forward. He highlighted plans to relocate Shepherd's Inn to the old Gaspard's Nursing home location at 2685 65~n Street. Upon the motion of Councilmember Henderson, seconded by Councilmember Prince and carried unanimously, the City Council closed the public hearing at 9:30 a.m. V. UNFINISHED BUSINESS 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 Ttem B and Proposed Resolution No.'s 13035, 13042, 13045, 13054 and 13055: Am Consideration And Approval Of Awarding A Bid For The Purchase Of One Thermal Imaging Camera To ADH Fire City Council Minutes March 1, 2005 Equipment Service Of Brenham, TX Tn The Amount Of $7,987 For The Fire Department. Cm Consideration And Approval Of Awarding A Bid For The Purchase Of Four Replacement Steel Compaction Wheels For A 1996 Rex 3-70A Compactor (Equipment #1165) Tn The Amount Of $19,700 For The Public Works Department (Solid Waste Division). D. ~counts: Councilmember Thomas 3. Henderson: Attend 3efferson County Days In Austin, Texas, February 13-15, 2005 $ 824.87 Councilmember Felix A. Barker: Attend 3efferson County Days Tn Austin, Texas, February 12-15, 2005 $1,153.35 Councilmember Deloris ~Bobbie" Prince: Attend 3efferson County Days Tn Austin, Texas, February12-14,2005 $1,053.73 City Manager Steve Fit=gibbons: Attend .lefferson County Days Tn Austin, Texas, February 13-15, 2005 $ 379.50 City Attorney Mark T. Sokolow: Attend 3efferson County Days Tn Austin, Texas, February 13-15- 2005 $ 815.10 Attend TML Legislative Briefing In Austin, Texas, February 14, 2005 $ 95.00 Attend Advanced Civil Trial Law Conference, Houston, Texas, February 17-18, 2005 $ 620.76 3udge Kermit Morrison: Attend Regional 3udges Program In Houston, Texas, February 2-5, 200S $ 327.48 Resolutions - Consent (1) P. R. No. 12965 - A Resolution Authorizing The City Manager To Execute Three (3) Contracts Between The City Of Port Arthur And Port Acres Little League Organization, Three (3) Contracts With The Port Arthur Pony League And Two (2) Contracts Between The Girl's Softball League Organization For The Use Of City Baseball Fields This Spring. Proposed Resolution No. 12965 was adopted becoming Resolution No. 05-065. (2) P. R. No. 13013 - A Resolution Pertaining To The License To Use Agreement Between The City Of Port Arthur And TASIS Healthcare Corporation And/Or The Medical Center Of Southeast Texas, LP For The Znstallation Of A Sign At The Entrance To Medical Center Boulevard. Proposed Resolution No. 13013 was adopted becoming Resolution No. 05-066. (3) P. R. No. 13032 - A Resolution Setting Public Hearings As To The Disannexation Of Property As Requested By Golden Pass LNG Terminal LP. City Council Minutes March 1, 2005 3 Proposed Resolution No. 13032 was adopted becoming Resolution No. 05-067. (s) P.R. No. 13036 ' A Resolution Authorizing The City Manager Of The City Of Port Arthur To Execute A Certificate Of Acceptance For Ownership Operation, And Maintenance Of All Street Pavement And Infrastructure For 3immy 3ohnson Boulevard And Park Central Boulevard (Also Known As Medical Center Boulevard) Excluding The First 600 Feet North Of 3immy 3ohnson Boulevard Proposed Resolution No. 13036 was adopted becoming Resolution No. 05-068. (6) P. R. No. 13039 - A Resolution Supporting The Thomas Boulevard Hike & Bike Trail, Authorizing The City Manager To Execute An Amendment To The Existing Advance Funding Agreement Between The City Of Port Arthur And The State Of Texas, Dated February 15, 1996, And Rescinding Resolution No. 03-136. Proposed Resolution No. 13039 was adopted becoming Resolution No. 05-069. (7) P. R. No. 13040 - A Resolution Accepting A Utility Easement From Port Arthur CPDC, L.L.C. For The Construction, Installation, Laying, And Maintaining Of Public Utilities In The City Of Port Arthur. Proposed Resolution No. 13040 was adopted becoming Resolution No. 05-070. (8) P.R. No. 13041 - A Resolution Approving Sewer Adjustments To Certain Utility Accounts. Proposed Resolution No. 13041 was adopted becoming Resolution No. 05-071. (10) P. R. No. 13044 - 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, I.E., American ToWing. Proposed Resolution No. 13044 was adopted becoming Resolution No. 05-072. (12) P. R. No. 13046 - A Resolution Supporting The Construction Of New Industrial Facilities By Praxair Inc. And Motiva Enterprises At The Port Arthur Motiva Facility. Proposed Resolution No. 13046 was adopted becoming Resolution No. 05-073. (13) P. R. NO. 13048 - A Resolution Accepting A $1,000 Grant From The Houston Area Library System For Port Arthur Public Library. Proposed Resolution No. 13048 was adopted becoming Resolution No. 05-074. (14) P. R. No. 13049 - A Resolution Amending The Engineering Contract Between The City Of Port Arthur And Bob Shaw Consulting Engineers, Inc. Related To The Design And Construction Phase Services For The Wastewater Collection System Rehabilitation ProJects (Zncreases Contract Amount By $18,000). Fund No. 426-1625-532~53-00, ProJect No. 426002. Proposed Resolution No. 13049 was adopted becoming Resolution No. 05-075. City Council Minutes March 1, 2005 4 (15) P. R. No. 13051 - A Resolution As It Pertains To A License Agreement With Kinder Morgan. Proposed Resolution No. 13051 was adopted becoming Resolution No. 05-076. VII. ITEMS RE(~UIP~NG INDIVIDUAL ACTION - CONSENT Bw Consideration And Approval Of Awarding A Bid For Exterior Renovation Work To L. 3ohnson Remodeling & Roofing Of Port Arthur, Texas In The Amount Of $5,600 For The Project H.O.P.E. One-Stop Shop Located At 701 W. 7m Street. The Mayor introduced the above-mentioned item. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that ]item B be adopted. The City Manager discussed the amount spend thus far on the PROJECT HOPE One-Stop Shop at 701 W. 7th Street and stated that approximately $25,000 will be the total amount spent when the work is finalized. The motion to adopt item B carried by unanimous vote. Resolutions - Consent (4) P.R. No. 13035 - A Resolution Authorizing The Execution Of A Contract Between Beaumont Community Housing Development Organization, Inc. And The City Of Port Arthur In The Amount Of $3S7,7S0 For Land Acquisition, Site Clearance And Site Development Subsidy And Up To $200,000 For Down Payment And Closing Costs Assistance To Construct Ten (10) New Homes For Low To Moderate Income Persons/Families In The City. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember $inegal that Proposed Resolution No. 13035 be adopted, Planning/Zoning Director Dale Watson appeared before the City Council to answer inquiries regarding the contract between the Beaumont Community Housing Development Organization, Inc. and the City of Port Arthur to construct new homes for Iow to moderate-income families. Ms. Antoinette Hardy, Executive Director of the Beaumont Community Housing Development Organization (BCHDO) appeared before the City Council to present background information regarding the role of the BCHDO. City Attorney Sokolow presented an overview of the contract. Proposed Resolution No. 13035 was adopted becoming Resolution No. 05-077. 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. 05-077 reads as follows: RESOLUTION NO. 05-077 A RESOLUTZON AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN BEAUMONT COMMUNITY City Council Minutes March 1, 2005 HOUSZNG DEVELOPMENT ORGAN:ZZAT~ON, 1~NC. AND THE CITY OF PORT ARTHUR IN THE AMOUNT OF :$$357,750 FOR LAND ACQUISITION, SITE CLEARANCE AND STFE DEVELOPMENT SUBSIDY AND UP TO :$200,000 FOR DOWN PAYMENT AND CLOS1~NG COSTS ASSISTANCE TO CONSTRUCT TEN (10) NEW HOMES FOR LOW TO MODERATE I~NCOME PERSONS/FAMILIIES ~[N THE CITY. (9) P. R. No. 13042 - A Resolution Approving The Award Of A Bid For Landscape Maintenance By The City Of Port Arthur Section 4A Economic Development Corporation At The Spur 93 EDC Business Park To Sandra Enterprise, Inc. Of Port Arthur, Texas. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded Coundlmember Sinegal that Proposed Resolution No. 13042 be adopted. by Purchasing Coordinator 3oseph Broussard appeared before the City Council to respond to inquiries regarding the issuance of a 3-year contract to Sandra Enterprise, Inc., for landscape maintenance at the Economic Development Corporation Business Park on Spur 93. Mr. Broussard discussed the rationale behind the recommended multi-year contract award to Sandra Enterprise, Inc. for a three-{3) year period. The motion was made by Councilmember Henderson and seconded by Councilmember Hannah to remove P. R. No. 13042 from the agenda. The City Attorney recommended tabling P. R. No. 13042 instead of removal from the agenda. The motion was made by Councilmember Henderson and seconded by Councilmember Hannah to table P. R. No. 13042. The following roll call vote was taken on the motion to table Proposed Resolution No. 13042: Councilmember Barker Mayor Pro Tem Beard Councilmember Flood Councilmember Hannah Councilmember Henderson Councilmember Prince Councilmember Sinegal Councilmember Thompson Mayor Ortiz "No" "NO" -No" -No' "No" "NO" "NO" "No" ~No- The motion to table Proposed Resolution No. 13042 failed to carry. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 13042: Councilmember Barker Mayor Pro Tem Beard Councilmember Flood Councilmember Hannah Councilmember Henderson Councilmember Prince Councilmember Sinegal Councilmember Thompson Mayor Ortiz =Yesn =Yes" "Yes" =Yes" "Yes" "Yes" "Yes" · ,Yes~ City Council Minutes March 1, 2005 6 Proposed Resolution No. 13042 was adopted over the dissenting vote of Councilmember Henderson becoming Resolution No. 05-078. The caption of Resolution No. 05-078 reads as follows: RESOLUTION NO. 05-078 A RESOLUTZON APPROVING THE AWARD OF A BleD FOR LANDSCAPE MAZNTENANCE BY THE CZTY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AT THE SPUR 93 EDC BUSINESS PARK TO SANDRA ENTERPRISE, INC. OF PORT ARTHUR, TEXAS. (11) P. R. NO. 13045 - A Resolution Pertaining To A Legal Services Agreement With Crain, Caton & 3ames As It Pertains To The Landfill (Account No. 403-1274-533.54-00). The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Resolution No. 13045 be adopted. The City Attorney presented an overview of the legal service agreement. Councilmember Barker left his seat at 10:25 a.m. Proposed Resolution No. 13045 was adopted becoming Resolution No. 05-079. Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmembers Hannah, Henderson, Flood, Thompson, Prince and Sinegal. Voting No: None. The caption of Resolution No. 05-079 reads as follows: RESOLUTION NO. 05-07g A RESOLUTION PERTAINTNG TO A LEGAL SERVICES AGREEMENT WITH CRATN, CATON & 3AMES AS IT PERTAINS TO THE LANDFTLL (ACCOUNT NO. 403- 1274-533.54-00). (15) P. R. No. 13054 - A Resolution Pertaining To The 3immy .lohnson EDC Business Park, The Spur 93 EDC Business Park, Approving An Invoice Or Invoices Of The City Of Port Arthur Section 4A Economic Development Corporation, Which Includes $3,842.64 To Dikita As It Pertains To The 3immy Johnson Business Park, $3,018.72 To Placo, LTD. On Contract VT For The Spur 93 EDC Business Park, $10,047.25 To Placo For The Release Of Retainage For The Spur 93 EDC Business Park, $2,342.14 For Property Taxes For Lots 1-5, And A Portion Of Lot 8, F. D. Mabry, Lot 6, Block 152f A Change Order No. 3 To The Placo Contract VI Agreement, And $3,055 For The Overhead Powerline Application At The Spur 93 Business Park. The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Resolution No. 13054 be adopted. City Council Minutes March 1, 2005 ? The City Manager addressed the waterline relocation project awarded to Dikita Enterprises as it pertains to the Jimmy Johnson Business Park. Councilmember Flood recused himself from the discussion and vote on Proposed Resolution No. 13054. Councilmember Barker had not returned to his seat in the Council Chamber. Proposed Resolution No. 13054 was adopted becoming Resolution No. 05-080. Voting Yes: Mayor Ortiz; Mayor Pro Tem Beard; Councilmembers Hannah, Henderson, Thompson, Prince and Sinegal. Voting No: None. The caption of Resolution No. 05-080 reads as follows: RESOLUT1~ON NO. 05-080 A RESOLUTZON PERTAINING TO THE 3IMMY 30HNSON EDC BUS[NESS PARK~ THE SPUR 93 EDC BUSLNESS PARK, APPROVING AN [NVOZCE OR [NVOtCES OF THE CZTY OF PORT ARTHUR SECT[ON 4A ECONOMIC DEVELOPMENT CORPORATION, WHICH INCLUDES $3,842.64 TO D[KZTA AS IT PERTAINS TO THE 3IMMY 3OHNSON BUS[NESS PARK~ $3,0:[8.72 TO PLACO, LTD. ON CONTRACT V~ FOR THE SPUR 93 EDC BUS[NESS PARK, $:[0,047.25 TO PLACO FOR THE RELEASE OF RETA[NAGE FOR THE SPUR 93 EDC BUS[NESS PARK~ $2~342.:[4 FOR PROPERTY TAXES FOR LOTS :[-S~ AND A PORT[ON OF LOT 8, F. D. MABRY, LOT 6, BLOCK :[S2, A CHANGE ORDER NO. 3 TO THE PLa, CO CONTRACT VI AGREEMENT, AND $3,0SS FOR THE OVERHEAD POWERL[NE APPLICATION AT THE SPUR 93 BUS[NESS PARK. (:[7) P. R. No. :[3055 - A Resolution As [t Pertains To The Revitalization Of The Housing Development At Or Near 6200 Gulfway Drive And Supporting The Allocation Of 200S Low Income Housing Tax Credits Therefore (Requested By Mayor Ortiz). The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Thompson that Proposed Resolution No. 13055 be adopted. Councilmembers Henderson and Flood returned to the meeting at 10:32 a.m. The City Manager addressed an inquiry regarding the demolition of the public housing development known as Gulf Breeze and plans to replace the demolished public housing that include the proposed 120-unit Southwood Crossing Apartments at the north side of Highway 73 between 9th Avenue and Highway 347. The City Attorney corrected for the record a typographical error in Section 3. that should be revised to read "Highway 73" and not "173". Proposed ResoLution No. 13055 was adopted as corrected becoming Resolution No. 05-081. Voting Yes: Mayor Ortiz; Mayor Pro Tem Beard; Councilmembers Hannah, Barker, Henderson, Flood, Thompson, Prince and Sinegal. Voting No: None. City Council Minutes March 1, 2005 8 The caption of Resolution No. 05-081 reads as follows: RESOLUTI'ON NO. 05-081 A RESOLUTtON oFASETH TI' PERTATNS TO THE REVZTALtZATtON HOUSI'NG DEVELOPMENT AT OR NEAR 6200 GULFWAY DATIVE AND SUPPORTtNG THE ALLOCATZON OF 2005 LOW tNCOME HOUStNG TAX CREDITS THEREFORE (REQUESTED BY MAYOR ORTIZ). TI'EMS REQUIRING ~ND~/ZDUAL ACTION - NON--CONSENT B. Ordinances (4) P. O. No. 5503 - An Ordinance Authorizing The Issuance Of City Of Port Arthur, Texas General Obligation Refunding Bonds, Series 2005; ~n An Amount Not To Exceed $12,100,000; And Authorizing The Redemption Prior To Maturity Of Certain Outstanding Obligations; Authorizing The City Manager To Approve The Amount, The Znterest Rate, Price And Terms Thereof And Certain Other Procedures And Provisions Related Thereto; Authorizing The Advance Refunding Of Certain Outstanding Obligations And The Execution And Delivery Of An Escrow Agreement And The Subscription For And Purchase Of Certain Escrowed Securities. The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Sinegal and seconded by Councilmember Henderson that Proposed Ordinance 5503 be adopted. Finance Director Rebecca Underhill appeared before the City Council and presented an overview of Proposed Ordinance 5503 that authorizes the City Manager to execute documents to refund the :1997 General Obligation Bonc~s. Mr..loe Morrow, Financial Adviser of First Southwest Co., Houston, Texas, appeared before the City Council and discussed the costs of refinancing the bonds that the net present value savings in the debt service is at least $560,000 and the 2021 termination date. City of Port Arthur Bond Counsel Frank MaCreary of Vinson and Elkins, appeared before the City Council and reiterated that this is a great opportunity for the City of Port Arthur. Proposed Ordinance No. 5503 was adopted becoming Ordinance No. 05-15. Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmembers Hannah, Barker, Henderson, Flood, Thompson, Prince and Sinegal. Voting No: None. The caption of Ordinance No. 05-15 reads as follows: RESOLUTZON NO. 05-15 AN ORDZNANCE AUTHORIZING THE ISSUANCE OF CZTY OF PORT ARTHUR, TEXAS GENERAL OBLtGATZON REFUNDLNG BONDS, SERZES 2005; tN AN AMOUNT NOT TO EXCEED $12~100,000; AND AUTHORZZZNG THE REDEMPT~[ON PRZOR TO MATURITY OF CERTAIN OUTSTANDZNG OBLtGATtONS; AUTHORTZI'NG THE City Council Minutes March 1, 2005 CITY MANAGER TO APPROVE THE AMOUNT, THE TNTEREST RATE, PRICE AND TERMS THEREOF AND CERTAIN OTHER PROCEDURES AND PROVTSTONS RELATED THERETO; AUTHORZZI'NG THE ADVANCE REFUNDTNG OF CERTAIN OUTSTAN DTNG OBLTGATTONS AND THE EXECUTt'ON AND DELI'VERY OF AN ESCROW AGREEMENT AND THE SUBSCRt'PTION FOR AND PURCHASE OF CERTAIN ESCROWED SECURITIES. (1) P. O. No. 5500- An Ordinance Amending Section 114-134 Of Article IV (Wreckers) Of Chapter 114 (Vehicles For Hire) Of The Code Of Ordinances Of The City Of Port Arthur, Pertaining To Wreckers And Providing For An Effective Date. The City Manager introduced the above-mentioned Proposed Ordinance. Mr. Aaron Campbell, 4820 Grifflng Drive, Port Arthur, Texas, appeared before the City Council and oiscusseo monthly operational costs for his wrecker business. Proposed Ordinance No. 5500 was adopted becoming Ordinance No. 05-16. VotingYes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmembers Hannah, Barker, Henderson, Flood, Thompson, Prince and Sinegal. Voting No: None. The caption of Ordinance No. 05-16 reaos as follows: ORDINANCE NO, 05-16 AN ORDTNANCE AMENDING SECTION 114-134 OF ARTICLE TV [WRECKERS) OF CHAPTER 114 (VEHZCLES FOR HTRE) OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR, PERTA~NTNG TO WRECKERS AND PROVIDTNG FOR AN EFFECT1~VE DATE. The City Council recessed their meeting at ~0:50 a.m. and reconvened at 11:17 a.m. with the following members present: Mayor Ortiz; Councilmembers Barker, Henderson, Thompson, Prince and $inegal; City Manager Fitzgibbons; City Secretary Green and City Attorney Sokolow. B. Ordinances (2) P. O. No. 5501 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2004 And Ending September 30, 2005. The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal and carried, Proposed Ordinance No. 5501 was adopted becoming Ordinance No. 05-17. Voting Yes: Mayor Ortiz; Councilmembers Barker, Henderson, Thompson, Prince and Sinegal. Voting No: None. Mayor Pro Tern Beard; Councilmembers Hannah and Flood returned to the meeting at 11:19 a.m. City Council Minutes March 1, 2005 10 The caption of Ordinance No. 05-17 reads as follows: ORDINANCE NO. 05-17 AN APPROPRIATION ORDINANCE AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005. (3) P. O. No. 5502 - An Ordinance Awarding A Bid To Purchase Property At 401 Procter Street To Mr. Frank Andrews, The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Henderson and seconded by Councilmember Sinegal that Proposed Ordinance No. 5502 be adopted. The City Manager commented that Mr. Andrews must remove or demolish the house located at 401 Procter Street within 60 days of purchase. Purchasing Coordinator Joseph Broussard appeared before the City Council and discussed the recommendation of the purchasing division to award the bid to Hr. Frank Andrews for the purchase of property at the above-mentioned location and the option of demolishing/removal of the house. Proposed Ordinance No. 5502 was adopted becoming Ordinance No. 05-18. Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmembers Hannah, Barker, Henderson, Flood, Thompson, Prince and Sinegal. Voting No: None. The caption of Ordinance No. 05-18 reads as follows: ORDINANCE NO. 05-18 AN ORDINANCE AWARDING A BID TO PURCHASE PROPERTY AT 401 PROCTER STREET TO MR. FRANK ANDREWS. A. Resolutions (3) P. R. No. 13053'- A Resolution Appointing/Reappointing A Member Of Members To The Library Board And Friends Of Port Arthur Public Library. The Mayor introduced the above-mentioned Proposed Resolution. The City Secretary stated that the following individuals nominated for appointment/reappointment to the Library Board are named within the Proposed Resolution: Mrs. Brenda Deblanc Mr. Fernando Ramirez Mrs. Patti Salter 8100 Woodfern 2735 Lakeshore Drive 8412 Hollowbend Lane Port Arthur, Texas Port Arthur, Texas Port Arthur, Texas The following individual was nominated for appointment to the Friends of the Port Arthur Library Board: Mrs. Rose Moon 2120 Las Palmas Dr. Port Arthur, Texas Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal and carried, Proposed Resolution No. 13053 was adopted with the above- mentioned nominations, becoming Resolution No. 05-082. City Council Minutes March 1, 2005 11 Voting Yes: Mayor Ortiz; Mayor Pro Tern Beard; Councilmembers Hannah, Barker, Thompson, Prince and Sinegal. Voting No: None. Councilmembers Flood and Henderson were out-of-their seats during the vote. The caption of Resolution No. 05-082 reads as follows: RESOLUTI'ON NO. 05-082 A RESOLUTION APPO[NTTNG/REAPPOtNTING A MEMBER OF MEMBERS TO THE LIBRARY BOARD AND FRIENDS OF PORT ARTHUR PUBLTC LTBRARY. The City Council recessed their meeting at 11:23 a.m. and reconvened at 1:18 p.m. with the following members present: Mayor Ortiz; Councilmembers Barker, Henderson, Flood, Thompson, Prince and $inegal; City Manager Fitzgibbons; City Secretap/Green and City Attorney Sokolow. Mayor Pro Tem Beard and Councilmember Hannah returned to the meeting at 1:19 p.m. A. Resolutions (1) P. R. No. 13043 - A Resolution Appointing Directors And/Or Advisory Directors To The City Of Port Arthur Section 4A Economic Development Corporation. The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Sinegal, seconded by Councilmember Flood and carried unanimously, Proposed Resolution No. 13043 was tabled. C. *Reports And Recommendations (1) Report On Property Liens The City Manager presented the above-mentioned report. (2) Report On Port Arthur Industrial Group Scholarships The City Manager presented the above-mentioned report, (3) 3anuary, 2005 Financial Statement Finance Director Rebecca Underhill presented the above-mentioned financial report. (4) Weed & Seed Update Weed and Seed Coordinator LaTonya Turner presented the above-mentioned update. (5) Report Regarding SBC DSL Service Availability On The Westside The City Manager presented the above-mentioned report. Time Warner Representative Lloyd Christian appeared before the City Council to answer inquiries regarding DSL Service Availability on the Westside. City Council Minutes March 1, 2005 12 III. PETITIONS & COMMUNICATIONS A. Presentations (2) Presentation By CDBG Applicants Planning/Zoning & Grants Management Director Dale Watson presented an overview of the Community Development Block Grant interview process. The Grants Management Division received seventeen (17) public service applications that include: · PANAC · _lames Hope Center · Truth and Education Corporation (not able to be present--sent a letter regarding absence) · Program of Health Excellence, Thc. · Port Arthur Housing Authority · YMCA · Experience Corp · Nutrition & Services for Seniors · Catholic Charities · Port Arthur ISD · Wonderfully Made Ministry · Texas Recyclers Assn., ThC. · Camp Fire · Community Retirement Home, ThC. · Port Arthur Track Club · Port Cities Rescue Mission · Project Access, Inc. Individuals present representing the above-mentioned non-profit organizations appeared before the City Council to discuss their requests. The Planning/Zoning & Grants Management Director presented the amounts requested on spreadsheet with the first request and alternate request. He also presented a spreadsheet of the CDBG Allocations from 1993 - 2004. NOTE: All 2005-2006 City of Port Arthur Community Development Block Grants Proposals--Public Service Requests are available in the Office of the City Secretary. VIII. REPORTS OF BOARDS & COMMz m m EES None ~X. *CLOSED MEETING (EXECUTIVE SESSION) Closed M eeti__~_q: Section 551.071 Government Code - To Discuss With The City Attorney Potential And Pending Litigation As It Pertains To Entergy. (2) Section 551.087 Government Code - To Discuss Incentives For Commercial And Industrial Business Prospects. (3) Section 551.071 Government Code - To Discuss With The City Attorney Potential And Pending Litigation As It Pertains To EDC Consultants And Grantees The City Council recessed their meeting at 3:06 p.m. to meet in Executive Session to consider the above-mentioned topics and reconvened their meeting at '~:03 p.m. with the following members present: Mayor Ortiz; Councilmembers Barker, City Council Minutes March 1, 2005 13 Henderson, Thompson, Prince and Sinegal; City Manager Fitzgibbons; City Secretary Green and City Attorney $okolow. The following motions recommended by the City Attorney were made following the Executive Session: (.,) A motion was made by Councilmember Thompson, seconded by Councilmember Henderson and carried, to authorize the City Attorney to utilize the services of Attorney Carl Parker as needed in the Diamond litigation. (2) A motion was made by Councilmember Sinegal, seconded by Councilmember Thompson and carried, to authorize the City Manager to determine whether or not the services of the Lawton Law Firm are needed and if not, to cancel the contract. X. FUTURE AGENDA TTEMS OR RE(~UESTED REPORTS City Manager Fitzgibbons: Requested a Special Joint City Council/EDC Meeting be held at 6:00 p.m. on Tuesday, March 8, 2005 and a continuation of a workshop on the CDBG allocations at 5:30 p.m. on the same meeting date. Mayor Ortiz: Requested an action item be placeo on the above-mentioned Special City Council Heeting Agenoa regarding calling for a Special 4A/4B Referendum for the May 7, 2005 General Election. Councilmember Prince Requested that the City Attorney research amending the EDC By-Laws regarding City Council Appointments of Board/Advisory Board Directors. Requested a report regarding Dangerous Animals in the City--Pit Bulls. Councilmember Sinegal Agreed with Councilmember Prince regarding the need to bring back a report on Dangerous Animals in the City. Xl~. AD.1OURNMENT OF MEETTNG Upon the motion of Councilmember Henderson, seconded by Councilmember Sinegal and carried unanimously, the City Council aajournea their meeting at 4:14 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. ORTI'Z A'ITEST: CI'TY SECRETARY EVANGELINE GREEN END OF REGULAR MEETING HELD March 1. 2005, APPROVED: City Council Minutes March 1, 2005 14